GENERAL
This document is an electronic record in terms of The Information Technology Act,
2000 (“IT Act") and rules thereunder, and is published in accordance with the provisions
of Rule 3 (1) under IT Act which mandates for publishing of rules and regulations,
privacy policy and terms of use for access or usage of the Website and application.
This electronic record is generated by a computer system and does not require any
physical or digital signatures.
URBAN Cash & Carry ("Website and application") is an online selling channel
of URBAN Cash & Carry Pvt Ltd, having its office at 18A , Kustia Masjid Bari Lane
,Opposite Kohinoor Market , Kolkata 700039
By visiting our site and/ or purchasing something from us, you engage in our “Service”
and agree to be bound by the following terms and conditions, including those additional
terms and conditions and policies referenced herein and/or available by hyperlink.
These Terms of Service apply to all users of the site, including without limitation
users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read the Terms and conditions very carefully before using the Website and
application as your use of the Website and application is subject to your acceptance
of and compliance with the Terms. If you do not agree or are not willing to be bound
by the terms and conditions of this User Agreement and any Rules and Policies of
URBAN Cash & Carry, please do not click on the " I Accept" button/check box and
on the "Continue" button or "Pay Now" button and do not subscribe or seek to obtain
access to or otherwise use the Website and application.
By subscribing to or using the website and application or any of our services through
the Website and application you agree that you have read, understood and are bound
by the Terms, Policies, directions of URBAN Cash & Carry regardless of how you subscribe
to or use the Website and application. This Agreement comes into effect upon your
"Acceptance" of these terms and conditions ("Terms") however URBAN Cash & Carry
at its sole discretion reserves its right not to accept a user from registering
on the Website and application without assigning any reason thereof.
DEFINITION
"Agreement" means the terms and conditions as detailed herein including all schedules,
appendices, annexures, Privacy Policy, Disclaimer and will include the references
to this Agreement as amended, novated, supplemented, varied or replaced from time
to time.
"You"/ "User" shall mean the end user accessing the Website and application, its
contents and using the services offered through the Website and application.
"URBAN Cash & Carry"/ "we"/ "us"/ "our" shall mean URBAN Cash & Carry Private Limited
or its affiliates, franchisees, service providers, successors and assigns "Site"
means the online shopping platform owned and operated by URBAN Cash & Carry Pvt.
Ltd. , which provides a venue to the users of URBAN Cash & Carry to buy the Products
listed on Site.
"Customer"/"Buyer" shall mean the person or any legal entity who access the Website
and application and places an order for and or purchases any products /services
against the invitation of offer for sale of products / services on the Website and
application.
"Acceptance" shall mean your affirmative action in clicking on "check box"™ and
on the "continue button as provided on the registration page or clicking on
"˜Pay Now" button while transacting as User or such other actions that implies your
acceptance.
"Product" shall mean the Products offered for sale on the website and application
from time to time
"Delivery" shall mean the physical delivery of goods under your order placed with
us
"Price" means the price communicated at the time of order and confirmed by us
"Payment Facility" shall mean applicable mode of payments made available to User
from time to time.
"Content" means all text, graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music, artwork and computer code collectively By impliedly
or expressly accepting this User Agreement, Policies and Terms, You also accept
and agree to be bound by Rules, Policies and Terms of URBAN Cash & Carry as provided
from time to time in its Website and application and corresponding hyperlinks.
ONLINE STORE TERMS:
By agreeing to these Terms of Service, you represent that you are at least the age
of majority in your state or province of residence, or that you are the age of majority
in your state or province of residence and you have given us your consent to allow
any of your minor dependents to use this site. You may not use our products for
any illegal or unauthorized purpose nor may you, in the use of the Service, violate
any laws in your jurisdiction (including but not limited to copyright laws).You
must not transmit any worms or viruses or any code of a destructive nature. A breach
or violation of any of the Terms will result in an immediate termination of your
Services.
GENERAL CONDITIONS:
We reserve the right to refuse service to anyone for any reason at any time. You
understand that your content (not including credit/debit card & other digital payment
information), may be transferred unencrypted and involve (a) transmissions over
various networks; and (b) changes to conform and adapt to technical requirements
of connecting networks or devices. Credit/debit card & other digital payment information
is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion
of the Service, use of the Service, or access to the Service or any contact on the
website through which the service is provided, without express written permission
by us.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information
only and should not be relied upon or used as the sole basis for making decisions
without consulting primary, more accurate, more complete or more timely sources
of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily,
is not current and is provided for your reference only. We reserve the right to
modify the contents of this site at any time, but we have no obligation to update
any information on our site. You agree that it is your responsibility to monitor
changes to our site.
MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right
at any time to modify or discontinue the Service (or any part or content thereof)
without notice at any time. We shall not be liable to you or to any third-party
for any modification, price change, suspension or discontinuance of the Service.
PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website.
These products or services may have limited quantities and are subject to return
or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colours and images
of our products that appear at the store. We cannot guarantee that your computer
monitor's display of any colour will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products
or Services to any person, geographic region or jurisdiction. We may exercise this
right on a case-by-case basis. We reserve the right to limit the quantities of any
products or services that we offer. All descriptions of products or product pricing
are subject to change at any time without notice, at the sole discretion of us.
We reserve the right to discontinue any product at any time. Any offer for any product
or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or
other material purchased or obtained by you will meet your expectations, or that
any errors in the Service will be corrected.
ACCURACY OF BILLING AND ACCOUNT INFORMATION:
We reserve the right to refuse any order you place with us. We may, in our sole
discretion, limit or cancel quantities purchased per person, per household or per
order. These restrictions may include orders placed by or under the same customer
account, the same credit/debit card & other digital payment information, and/or
orders that use the same billing and/or shipping address. In the event that we make
a change to or cancel an order, we may attempt to notify you by contacting the e-mail
and/or billing address/phone number provided at the time the order was made. We
reserve the right to limit or prohibit orders that, in our sole judgment, appear
to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information
for all purchases made at our store. You agree to promptly update your account and
other information, including your email address and credit/debit card & other digital
payment information numbers and expiration dates, so that we can complete your transactions
and contact you as needed.
For more detail, please review our Returns Policy.
OPTIONAL TOOLS:
We may provide you with access to third-party tools over which we neither monitor
nor have any control nor input.
You acknowledge and agree that we provide access to such tools” as is” and “as available”
without any warranties, representations or conditions of any kind and without any
endorsement. We shall have no liability whatsoever arising from or relating to your
use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own
risk and discretion and you should ensure that you are familiar with and approve
of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website
(including, the release of new tools and resources). Such new features and/or services
shall also be subject to these Terms & Conditions.
THIRD-PARTY LINKS:
Certain content, products and services available via our Service may include materials
from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content
or accuracy and we do not warrant and will not have any liability or responsibility
for any third-party materials or websites, or for any other materials, products,
or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with
any third-party websites. Please review carefully the third-party's policies and
practices and make sure you understand them before you engage in any transaction.
Complaints, claims, concerns, or questions regarding third-party products should
be directed to the third-party.
USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries)
or without a request from us you send creative ideas, suggestions, proposals, plans,
or other materials, whether online, by email, by postal mail, or otherwise (collectively,
'comments'), you agree that we may, at any time, without restriction, edit, copy,
publish, distribute, translate and otherwise use in any medium any comments that
you forward to us. We are and shall be under no obligation (1) to maintain any comments
in confidence; (2) to pay compensation for any comments; or (3) to respond to any
comments.
We may, but have no obligation to, monitor, edit or remove content that we determine
in our sole discretion are unlawful, offensive, threatening, libellous, defamatory,
pornographic, obscene or otherwise objectionable or violates any party’s intellectual
property or these Terms & Conditions.
You agree that your comments will not violate any right of any third-party, including
copyright, trademark, privacy, personality or other personal or proprietary right.
You further agree that your comments will not contain libellous or otherwise unlawful,
abusive or obscene material, or contain any computer virus or other malware that
could in any way affect the operation of the Service or any related website. You
may not use a false e-mail address, pretend to be someone other than yourself, or
otherwise mislead us or third parties as to the origin of any comments. You are
solely responsible for any comments you make and their accuracy. We take no responsibility
and assume no liability for any comments posted by you or any third-party.
PERSONAL INFORMATION:
Your submission of personal information through the store is governed by our Privacy
Policy. To view our Privacy Policy.
ERRORS, INACCURACIES AND OMISSIONS:
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product descriptions,
pricing, promotions, offers, product shipping charges, transit times and availability.
We reserve the right to correct any errors, inaccuracies or omissions, and to change
or update information or cancel orders if any information in the Service or on any
related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service
or on any related website, including without limitation, pricing information, except
as required by law. No specified update or refresh date applied in the Service or
on any related website, should be taken to indicate that all information in the
Service or on any related website has been modified or updated.
PROHIBITED USES:
In addition to other prohibitions as set forth in the Terms of Service, you are
prohibited from using the site or its content: (a) for any unlawful purpose; (b)
to solicit others to perform or participate in any unlawful acts; (c) to violate
any international, federal, provincial or state regulations, rules, laws, or local
ordinances; (d) to infringe upon or violate our intellectual property rights or
the intellectual property rights of others; (e) to harass, abuse, insult, harm,
defame, slander, disparage, intimidate, or discriminate based on gender, sexual
orientation, religion, ethnicity, race, age, national origin, or disability; (f)
to submit false or misleading information; (g) to upload or transmit viruses or
any other type of malicious code that will or may be used in any way that will affect
the functionality or operation of the Service or of any related website, other websites,
or the Internet; (h) to collect or track the personal information of others; (i)
to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of
the Service or any related website, other websites, or the Internet. We reserve
the right to terminate your use of the Service or any related website for violating
any of the prohibited uses.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY:
We do not guarantee, represent, or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service
will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods
of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your
sole risk. The service and all products and services delivered to you through the
service are (except as expressly stated by us) provided 'as is' and 'as available'
for your use, without any representation, warranties or conditions of any kind,
either express or implied, including all implied warranties or conditions of merchantability,
merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall URBAN Cash & Carry, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be liable
for any injury, loss, claim, or any direct, indirect, incidental, punitive, special,
or consequential damages of any kind, including, without limitation lost profits,
lost revenue, lost savings, loss of data, replacement costs, or any similar damages,
whether based in contract, tort (including negligence), strict liability or otherwise,
arising from your use of any of the service or any products procured using the service,
or for any other claim related in any way to your use of the service or any product,
including, but not limited to, any errors or omissions in any content, or any loss
or damage of any kind incurred as a result of the use of the service or any content
(or product) posted, transmitted, or otherwise made available via the service, even
if advised of their possibility. Because some states or jurisdictions do not allow
the exclusion or the limitation of liability for consequential or incidental damages,
in such states or jurisdictions, our liability shall be limited to the maximum extent
permitted by law.
INDEMNIFICATION:
You agree to indemnify, defend and hold harmless URBAN Cash & Carry and our parent,
subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors,
service providers, subcontractors, suppliers, interns and employees, harmless from
any claim or demand, including reasonable attorneys’ fees, made by any third-party
due to or arising out of your breach of these Terms of Service or the documents
they incorporate by reference, or your violation of any law or the rights of a third-party.
SEVERABILITY:
In the event that any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed
to be severed from these Terms of Service, such determination shall not affect the
validity and enforceability of any other remaining provisions.
TERMINATION:
The obligations and liabilities of the parties incurred prior to the termination
date shall survive the termination of this agreement for all purposes. These Terms
& Conditions are effective unless and until terminated by either you or us. You
may terminate these Terms of Service at any time by notifying us that you no longer
wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply
with any term or provision of these Terms of Service, we also may terminate this
agreement at any time without notice and you will remain liable for all amounts
due up to and including the date of termination; and/or accordingly may deny you
access to our Services (or any part thereof).
ENTIRE AGREEMENT:
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms & Condition and any policies or operating rules posted by us on this
site or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or written,
between you and us (including, but not limited to, any prior versions of the Terms
of Service).
Any ambiguities in the interpretation of these Terms & Conditions shall not be construed
against the drafting party.
GOVERNING LAW:
These Terms & Conditions and any separate agreements whereby we provide you Services
shall be governed by and construed in accordance with the laws of India.
CHANGES TO TERMS OF SERVICE:
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part
of these Terms & Conditions by posting updates and changes to our website. It is
your responsibility to check our website periodically for changes. Your continued
use of or access to our website or the Service following the posting of any changes
to these Terms of Service constitutes acceptance of those changes.
CONTACT INFORMATION:
Questions about the Terms & Conditions should be sent to us at info@urbancashandcarry.com