PART A – GENERAL TERMS RELATING TO BESTBY+ SERVICES
A.) You shall be permitted to access the Platform, avail the BestBy+ Services and connect with Dealer and Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, BestBy+ Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, valid phone number, Email Address,Location,etc. while registering on the Platform.
B.) As a part of the registration, you may be required to undertake a verification process to verify Your personal information and setting up the Account.
BestBy+ shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform. You agree and accept that as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, you shall be required to promptly inform BestBy+ of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that BestBy+ has not independently verified the information provided by You. BestBy+ shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or BestBy+ has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BestBy+ reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof)at any time.
2. BestBy+ Services
A.) The Platform provides You with the following services (“BestBy+ Services”):
- i. It allows You to connect with Dealer and Delivery Partners;
- ii. It allows You to view the products/services (“Products”) listed on the Platform by the Tied-UpDealer;
- iii. It allows You to purchase Product(s) from the Tied-UpDealer listed on the Platform and allows You to get the Products delivered to You through Delivery Partners (“Purchase Services”);
- iv. It allows You to purchase Products from Non-Tied Up Dealer and get the same delivered to You by the Delivery Partners (“Delivery Services”);
- v. It allows You to give ratings, write comments and reviews about Delivery Partners and Dealer;
- vi. It facilitates improvement in the quality of the services provided by BestBy+ on the Platform based on User ratings and feedbacks provided on the Platform.
B.) BestBy+ may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the BestBy+ Services listed above from time to time. BestBy+ does not provide any guarantee to You that the BestBy+ Services will be made available to You at all times.
C.) You hereby agree and acknowledge that BestBy+ is only a facilitator between You, the Dealer and Delivery Partners (as the case maybe) and BestBy+ only provides You with access to the Platform to connect with Dealer and Delivery Partners for You to initiate transactions on the Platform. You hereby agree and acknowledge that BestBy+ will not be a party to any of the transactions that are initiated by You through the Platform and BestBy+ shall not be liable in any manner or incur any liability with respect to the services performed by the Dealer or the Delivery Partners, as the case may be. Further, You hereby agree and acknowledge that BestBy+ shall not be liable for the conduct, acts and omissions of the Dealer (including their employees and consultants) and Delivery Partners in the course of providing their services to You, or for any loss or damage to the Product or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Dealer or the Delivery Partner, as the case may be.
D.) In case of Purchase Services, it is the duty of the Tied-Up Dealer to share the updated Product list along with its prices on the Platform. BestBy+ shall not be responsible for any inaccurate Product listing on the Platform.
E.) BestBy+ does not check or verify the packages that are being picked up and dropped off on behalf of You or the Products that are being delivered to You by the Delivery Partner, and therefore BestBy+ shall have no liability with respect to the same. However, if it comes to the knowledge of BestBy+ that You have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal or dangerous substance,BestBy+shall have the right to report You to the government authorities and take other appropriate legal actions against You.
F.) You hereby agree that BestBy+ shall not be liable for any conduct or misbehavior or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, you agree that BestBy+ has no control over the Products provided to You by the Dealer and therefore, BestBy+shall not incur any liability with respect to such Products. However, keeping in mind the interests of the Users, we have informed our Dealer to ensure that Products are packaged properly to avoid any form of spillage or damage to the Product or any issues related to packaging
G.) You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around Your area at the time of such scheduling and re-scheduling a transaction. Should You choose to reschedule a transaction on the Platform at a later point of time, you shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time.
H.) If a transaction initiated by You on the Platform cannot be completed, BestBy+ shall notify You on the Platform.
I.) You agree to provide as much information as possible on the Platform with respect to the Products/services You wish to purchase/avail, using the Platform.
J.) BestBy+shall use Yourlocation-based information that is captured by BestBy+ through global positioning system when You are using Your mobile device to request a BestBy+ Service on its m-app. Such location-based information shall be used by BestBy+ only to facilitate and improve the BestBy+ Services being offered to You.
K.) We can’t fulfill any tasks which are immoral or unlawful in nature. BestBy+ reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by BestBy+ internal policies or as per the independent discretion of BestBy+. BestBy+ may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
L.) You understand and agreed that BestBy+ by itself does not sell or provide any such Products. BestBy+ is not responsible for the quality, dealer ability or fitness of such Products. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase or sale of any product from anyDealer, you may contact BestBy+ support for routing. your grievances to the Dealer through the Platform.
M.) You hereby acknowledge that if You have any complaint with respect to the BestBy+ Services, you will first inform BestBy+ in writing within 24 (twenty-four) hours of using such BestBy+ Services.
3. User Information
A.) You are solely responsible for and in control of the information You provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by BestBy+. Further, you understand and agree that certain information will be case sensitive and must be handled with a prudent care.
B.) In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. BestBy+ reserves the full discretion to suspend a User’s Account in the above event and does not have the liability to share any Account information whatsoever.
4. Payment Terms
A.) Purchase Services: While initiating a request for a Purchase Service, you shall pay for the price of the ProductsYou require the Delivery Partners to deliver to You from the Tied-UpDealer. The transaction for the Purchase Service will be initiated on the Platform once You have completed the payment for the same on the Platform. In certain exceptional circumstances, if the purchase price of the Product is not available on the Platform, you shall be required to pay the purchase price of the Product, through the Platform, as may be communicated to You by the Delivery Partner, prior to the Delivery Partner undertaking Purchase Service.
B.) Delivery Services: While availing Delivery Service, you shall pay the purchase price of the Product through the Platform, as may be communicated to You by the Delivery Partner on behalf of the Non- Tied up Dealer. Only upon processing such agreed amount via Platform, shall the Delivery Partner purchase the Product on Your behalf.
C.) You agree that BestBy+ may use certain third-party dealers and service providers, including payment gateways, to process the payments made by You on the Platform.
D.) Despite our best effort, a small number of the products in our catalogue may be mis-price. We will verify pricing while processing order,if we have made a mistake and product correct price is higher then the price on the website/application, we may either correct you before the dispatch to request whether you want to buy the product at the correct price or cancel the order. If product price is lower than our stated price, we will charge the lower amount and send you the product.
A.) BestBy+ may provide age and content ratings for Apps that are based on information provided to us by the Publisher or other third parties. While we require Publishers to provide accurate information regarding the content of their Apps, we cannot ensure that App ratings are accurate or that Apps do not include content that is offensive, indecent, or objectionable.
B.) You agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Dealer (with respect to the Products sold/provided by them); and (ii) the Delivery Partner and the Tied-Up Dealer may also be prompted to rate You on the Platform. Based upon such Delivery Partner and Dealer ratings, your rating score on the Platform will be determined and displayed.
C.) BestBy+ and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of BestBy+ and its affiliates without attribution to or approval of Users and You hereby consent to the same. BestBy+ and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information or violate any privacy laws, other applicable laws or BestBy+ or its affiliates’ content policies.
D.) Location: You acknowledge and agree that Your geo-location information is required for You to avail the BestBy+ Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, BestBy+ may share Your geo-location information with Delivery Partners and Dealer (as the case maybe).
PART B – SPECIFIC TERMS FOR BESTBY+ SERVICES
6. Cancellation and Refund
B.) BestBy+ may cancel the transaction initiated by You on the Platform, if:
- The designated address to avail the BestBy+ Services provided by You is outside the service zone or applicable territory of BestBy+.
- Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.
- Information, instructions and authorizations provided by You is not complete or sufficient to execute the transaction initiated by You on the Platform.
- If in case of tied-up Dealer, the Tied-Up Dealer outlet is closed.
- If a Delivery Partner is not available to perform the services, as may be requested.
- If any Product for which You have initiated the transaction is not in stock with the Dealer.
- If the transaction cannot be completed for reasons not in control of BestBy+.
C.) You shall only be able to claim refunds for transactions initiated by You only if You have already pre-paid the fees with respect to such transaction. Subject to relevant Dealer’s refund policy and in accordance therein, you shall be eligible to get the refund in the following circumstances:
- Your package has been tampered or damaged at the time of delivery, as determined by BestBy+ basis the parameters established by BestBy+ in its sole discretion.
- If the wrong Product has been delivered to You, which does not match with the Product for which You had initiated a transaction on the Platform.
- BestBy+ has cancelled the order because of any reason mentioned under Para 6(b) above.
- All decisions with respect to refunds will be at the sole discretion of BestBy+ and in accordance with BestBy+ internal refund policy (Refund Matrix) and the same shall be final and binding. All refunds initiated by BestBy+ shall be refunded to the financial source account from which, you have initiated the transaction on the Platform.
7. Eligibility to Use
A.) The BestBy+ Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by BestBy+ from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing BestBy+ Services under the applicable laws.
B.) BestBy+ reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.
C.) You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
8. User Account, Password, and Security
A.) In order to use the Platform and avail the BestBy+ Services, You will have to register on the Platform and create an account with a unique user identity and password (“Account”). If You are using the Platform on a compatible mobile or tablet, you will have to install the application and then proceed with registration.
B.) You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to (i) immediately notify BestBy+ of any unauthorized use of Your Account information or any other breach of security, and (ii) ensure that You exit from Your Account at the end of each session. BestBy+ cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by BestBy+ or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for using the Platform is expressly prohibited.
9. Representations and Warranties
B.) You agree to use the Platform only:
- (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by BestBy+ or Delivery Partner(s) or Dealer or other Users.
C.) You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the BestBy+ Services.
D.) You represent and warrant that You are legally authorized to view and access the Platform and avail the BestBy+ Services.
E.) You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by BestBy+. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any BestBy+ Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
F.) You acknowledge and agree that by accessing or using the Platform, you may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. BestBy+ disclaims all liabilities arising in relation to such offensive content on the Platform.
G.) Further, You undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
- copy, republish, post, display, translate, transmit, reproduce or distribute any BestBy+ Property through any medium without obtaining the necessary authorization from BestBy+.
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
- engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
- attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any BestBy+ server, or through the Platform, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
- collect or store data about other Users, Dealer, Delivery Partner in connection with the prohibited conduct and activities set forth herein;
- use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- impersonate any other User, Dealer, Delivery Partner or person;
- violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
- threatens the unity, integrity, defense, security or sovereignty of India, friendly relation with foreign states, or public order or causes inproductent to the commission of any cognizable offence or prevents investigation of any offence or is insulting for any other nation; and
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
H.) You agree and acknowledge that the use of the BestBy+ Services offered by BestBy+ is at Your sole risk and that BestBy+ disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, dealer ability and fitness for any purposes are excluded to the fullest extent permitted by law.
I.) Without prejudice to the above, BestBy+ makes no representation or warranty that the BestBy+ Services will meet Your requirements.
10. Intellectual Property Rights
A.) The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by BestBy+ (“BestBy+ Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such BestBy+ Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use BestBy+ Property without the prior written consent of BestBy+.
B.) The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of BestBy+, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of BestBy+ or such third party as may be applicable.
11. Disclaimer of Warranties & Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
B.) BestBy+ will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. BestBy+ also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
C.) BestBy+ will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
D.) BestBy+ shall not be responsible for the delay or inability to use the Platform, BestBy+ Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, BestBy+ shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond BestBy+ control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
12. Indemnification and Limitation of Liability
B.) In no event shall the Indemnities, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or BestBy+ Property on the Platform.
D.) Subject to applicable laws, in no event will BestBy+ or its employee’s aggregate liability, arising from or related to the BestBy+ Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You.
E.) The Platform and the BestBy+ Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and BestBy+ shall not be liable for the same, whatsoever.
F.) BestBy+ have no liability for and have not given any indemnification for patent, trademark or copyright infringement as to any equipment, materials or supplies manufactured, produced, used or sold by them or with respect to services rendered by them.
14. Additional Terms
15. Link to Third Parties
16. Term and Termination
D.) You hereby agree and acknowledge, upon termination, BestBy+ shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
17. Governing Law
Each of the parties herein agree that: If any dispute, difference, controversy or claims arising out of or relating to this Agreement or the breach, the Parties shall attempt, for a period of thirty (30) days from the receipt of a notice from the other Party of the existence of a dispute, to settle such dispute by mutual discussions between the Parties. If the dispute cannot be settled by mutual discussions within the thirty (30) day period provided above, either Party may refer the matter for Arbitration. The arbitration proceedings shall be held under the provisions of the Arbitration and Conciliation Act, 1996 or any of its subsequent amendments. The place of arbitration shall be Ahmedabad. The arbitral procedure shall be conducted in the English language. The award of the arbitral tribunal shall be final, conclusive and binding upon the Parties, and the provisions of the [Indian] Arbitration and Conciliation Act, 1996 shall apply. The rights and obligations of the Parties under, or pursuant to, this Clause, including the arbitration agreement in this Clause, shall be governed by and be subject to Indian law and subject to above the Courts at Ahmedabad shall have exclusive jurisdiction over any disputes under this Agreement.
18. Grievances or Report Abuse
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from BestBy+, or other third parties. You can unsubscribe/opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, you may still receive communications from Your end with respect to Your use of the BestBy+ Service.
B.) Notice: All notices from BestBy+may be served by email to Your registered email address or by general notification on the Platform.
G.) IP Infringement If You believe the Platform violates Your intellectual property, you must promptly notify BestBy+ in writing at firstname.lastname@example.org. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform. You are required to provide the following details in Your notice:
- i. the intellectual property that You believe is being infringed;
- ii. theproduct that You think is infringing and include sufficient information about where the material is located on the Platform;
- iii. a statement that You believe in good faith that the product You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
- iv. Your contact details, such as Your Name, address, telephone number, and/or email;
- v. a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
- vi. the form should be duly signed by you. We will accept a signed PDF via email with the subject “Claim of Infringement”.