Terms & Conditions
Terms of Use
THESE WEBSITE
TERMS OF USE ("TERMS OF USE") IS AN ELECTRONIC RECORD IN THE FORM OF
AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES
MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC
DOCUMENTS/RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY
ACT, 2000. THESE TERMS OF USE DOES NOT REQUIRE ANY PHYSICAL, DIGITAL OR
ELECTRONIC SIGNATURE.
THESE TERMS OF
USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND STACKWALT INNOVATIONS
PRIVATE LIMITED (BOTH TERMS DEFINED BELOW). THESE TERMS OF USE WILL BE
EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN
ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD) AND WILL GOVERN THE
RELATIONSHIP BETWEEN USER AND STACKWALT INNOVATIONS PRIVATE LIMITED FOR THE USE
OF THE WEBSITE (DEFINED BELOW).
THIS DOCUMENT IS
PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3
(1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER
INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND
REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THE
WEBSITE.
General
Stackwalt
Innovations Private Limited is an organization consolidated under the laws of
India, with its enrolled office at Pune, Maharashtra, India. Grocybay is a
mediator as an online service provider and is constrained to dealing with the
Website to empower seller to advertise, exhibit, display, make accessible and
offer to sell the items and to allow the purchaser to buy the items so offered
("Products"), and other coincidental Services thereto
("Services") including utilization of the Website by any User.
These Terms of
Use is dependent upon update by Stackwalt Innovations Private Limited at any
given time and subsequently, the Users are mentioned to cautiously read and
understand these Terms of Use in time before making use of the
website/application. The reconsidered Terms of Use will be made available on
the Website. Users are requested to frequently visit the Website to see the
most current Terms of Use. In the occasion such any facility is given on the
Website, users can decide when Stackwalt Innovations Private Limited last
changed any section of the Agreement by alluding to the "Last
Updated" given in that record. It will be Your duty to check these Terms
of Use occasionally for changes. Stackwalt Innovations Private Limited may
expect You to give Your immediate or indirect permission to any refresh in a
predefined way before further utilization of the Website and the Services.
In case of
conflict:
(I)
between the Privacy Policy and
some other Agreement, the Privacy Policy will outweigh everything else' except
just to the degree of the conflict;
(II)
(ii) between the Additional
Service Terms and some other sections of these Terms of Use, the Additional
Service Terms will come first comparable to that Service;
(III)
(iii) between the Seller
Agreement and some other piece of these Terms of Use, the Seller Agreement will
outweigh everything else except just to the degree of the conflict;
(IV)
(iv) between these Terms of Use
and some other notices, disclaimers or rules showing up on the Website, these
Terms of Use will outweigh everything else except just to the degree of the
conflict.
Services
The Website is
an online platform as an electronic marketplace that functions as a
intermediary and (a) offers a platform to Users (sellers) to exhibit,
advertise, make accessible and offer to offer different products to different
Users (purchasers), and (b) a platform for such different Users to acknowledge the
proposal to sell of the Products made by the merchants on the Website and to
make payments to the venders for the acquisition of the Products, and (c) services
to encourage the commitment of purchasers and venders to under trade on the
Website and (d) such different services as are ancillary and incidental
thereto. The Services are offered to the Users through different modes which
may incorporate the issue of coupons and vouchers that can be reclaimed for
different Products.
Eligibility
to Use
The Services are
not accessible to minors younger than eighteen (18) or to any Users suspended
or expelled from the Stackwalt Innovations Private Limited framework by Grocybay
in any way, shape, or form. In the event that You are precluded according to the first sentence, You will not be allowed to benefit of the Services or utilize
the Website. You represent that You are of lawful age to shape a coupling
contract and are not an individual banned from accepting the Services under the
laws as material in India. Despite the previous, on the off chance that You are
under the age of eighteen (18) years, if you don't mind reading through these
Terms of Use with your parent or lawful watchman, and in such a case these
Terms of Use will be regarded to be an agreement among Stackwalt Innovations
Private Limited and Your lawful gatekeeper or parent and to the degree
admissible under relevant laws, enforceable against You.
Stackwalt
Innovations Private Limited has the right to decline access to utilize the
Services offered at the Website to new Users or to end get to allowed to
existing Users whenever without agreeing on any purposes behind doing as such.
You will not
have more than one account that is in use (characterized hereunder) on the
Website. Also, You are prohibited from trading, selling, or in any case, transferring Your Account to someone else.
User Account,
Password, and Security
You may access
and utilize the Website and the Services either as an enrolled client or as a
Guest user. In any case, not all areas of the Website and Services will be
available to guest users.
If You register
as a User by making an Account so as to profit of the Services gave by the
Website, You will be answerable for keeping up the classification and security
of the Account Information, and are completely liable for all exercises that
happen under Your Account. You consent to (a) quickly notify Stackwalt
Innovations Private Limited of any unapproved usage of Your Account Information
or some other penetrate of security, and (b) guarantee that You exit from Your
Account toward the finish of every session. Stackwalt Innovations Private
Limited can't and won't be at risk for any loss or damage emerging from
Your inability to agree to this segment. You might be held subject for
misfortunes acquired by Stackwalt Innovations Private Limited or some other the client of or guest to the Website because of approved or unapproved utilization
of Your Account because of Your failure in keeping Your Account Information
secure and confidential.
You must make
sure that the Account Information gave by You in the registration form of The website is accurate, complete, and updated. Utilization of another client's
Account Information for benefiting the Services is explicitly denied.
User Obligations
And Role Of Stackwalt
Innovations Private Limited
You agree to use
the Services, Website and the Content (as defined herein) provided therein only
for purposes that are permitted by (a) the Agreement(s) (including these Terms
of Use); and (b) any applicable law.
You agree to
adhere to all limitations on dissemination, use, and reproduction of any
materials (such as the Product catalogs) that Your access on the Website
If you believe
that any Content or User Content (as defined herein) or other content available
on the Website does not comply with the terms of the Agreement(s) or applicable
law, You may report such content.
You agree,
understand and acknowledge that the Website is an electronic platform in the
form of an electronic marketplace and an intermediary that provides an electronic venue where various Users may electronically meet and interact with
each other to engage in commerce and transact. You further agree and
acknowledge that Grocybay is only a facilitator and is not and cannot be a
party to or control in any manner any kind of exhibition, advertisement, making
available, offer to sell or transactions of sale or purchase of Products on the
Website. Stackwalt Innovations Private Limited is not the seller of the
Products. Accordingly, any contract for the sale/purchase of Products on the
Website is a bipartite contract between You and the sellers (if You are a
buyer) or You and the buyer (if You are a seller). Stackwalt Innovations
Private Limited neither recommends You to buy or sell any Products on the
Website nor does Stackwalt Innovations Private Limited endorses any such
Products and nor does Stackwalt Innovations Private Limited offers any
guarantee, assurance or warranties with respect to the exhibition, advertisement,
making available, offer to sell or transactions of sale or purchase of Products
on the Website. Moreover, Stackwalt Innovations Private Limited does not
warranty, guarantee or give any assurance on the behavior of any User of the
Website including any guarantee, warranty or assurance that any User (whether
buyer or seller) will complete any transaction or act in a prudent way.
You may need to
install updates that we introduce from time to time to use the services,
Products, Website including downloads and required functionality, such as bug
fixes, patches, enhanced functions, missing plug-ins, and new versions
(collectively, "Updates"). Your usage of the Products or Website you
have installed requires that you have agreed to receive such automatically
requested Updates.
Any purchase of
the Products from the Website will be strictly for the personal use of the User.
The User hereby expressly agrees that any merchandize or Services purchased by
the User will not be sold, resold, bartered, or in any way used for any
commercial purposes or for profit. The User hereby acknowledges that the
Products purchased are not transferrable to any third party for profit.
Accordingly, Stackwalt Innovations Private Limited reserves the right to cancel
any orders that classify as 'Bulk Order' as determined by Stackwalt Innovations
Private Limited as per certain criteria. Any rewards or benefits provided by Stackwalt
Innovations Private Limited and used by You for placing the 'Bulk Order' will
not be refunded. An order can be classified as 'Bulk Order' if it meets certain
criteria adopted by Stackwalt Innovations Private Limited for the purpose of
identifying 'Bulk Order', including but not limited to:
a. Products
ordered for commercial resale and not for self-consumption;
b. Multiple
orders placed for the same product at the same address;
c. Bulk quantity
of the same product ordered;
d. Invalid
address given in order details; or
e. Any
malpractice used to place the order.
In case buyer
purchases multiple Products in one transaction, the Seller(s) may deliver all
such Products together. However, this may not always be possible. If the buyer
purchases multiple Products in a single transaction, then all the Products
would be dispatched to a single delivery address provided by the buyer at the time
of purchase. If the buyer wishes to get delivery of the Products to different
addresses, then the buyer should purchase the Products under separate transactions
and provide separate delivery addresses for each transaction, as may be
required. The buyer agrees that the delivery of the Products can be made to the
person who is present at the shipping address provided by You.
In certain
cases, where the buyer requires certain services in relation to a Product, such as
warranty, after-sales, or installation services, the buyer shall directly contact the seller or the manufacturer. However, in the event, the buyer contacts Stackwalt
Innovations Private Limited for the same, Stackwalt Innovations Private Limited
may inform the seller to provide or facilitate the provision of such services
to the buyer. Stackwalt Innovations Private Limited is not and shall not be
obliged to provide any such additional services. Stackwalt Innovations Private
Limited role in relation to facilitating such services shall be limited to
facilitating communication between the buyer and the seller for the purpose of the provision of such additional services.
Use of content
- You must not alter or modify product
catalogs available on the Website/App;
- You must not sell or distribute,
lease, rent, license or otherwise make the product catalogs available on
the Website/App available to others; and
- You must not remove any copyright,
text or other proprietary notices contained in the product catalogs
available on the Website/App.
Feedback
Any feedback
provided by You to Stackwalt Innovations Private Limited shall be deemed to be
non-confidential. Stackwalt Innovations Private Limited shall be free to make
use of such information on an unrestricted basis. Further, by giving the
feedback, You represent and warrant that (i) Your feedback does not contain
confidential or proprietary information of You; (ii) Stackwalt Innovations
Private Limited is not under any obligation of confidentiality, express or
implied, with respect to the feedback; (iii) Stackwalt Innovations Private
Limited may have something similar to the Feedback already under consideration
or in development; and (iv) You are not entitled to any compensation or
reimbursement of any kind from Stackwalt Innovations Private Limited for the
feedback under any circumstances.
To notify, Stackwalt
Innovations Private Limited may at its discretion, make any alterations or
changes to the Website/App, Content and / or Services based on such feedback,
nonetheless, Stackwalt Innovations Private Limited shall not be obliged to do
so. Further, if Stackwalt Innovations Private Limited makes any modifications
or changes to the website or app, Content and / or Services on the basis of any
such feedback, You must not have any rights or title (including any
intellectual property rights) in such changes to the Website/App, Content and /
or Services.
Report Abuse
If You come
across any abuse or violation of these Terms of Use or if You become aware of
any objectionable content on the Website/app, or if You believe your
intellectual property rights have been violated in any manner through the
Website, please refer to the Grocybay at https://www.grocybay-com.preview-domain.com/page/abusePolicy
or under the "Policy Info" section.
Communications
When you make
use of the website/app or send messages or other information, data or
communication to Stackwalt Innovations Private Limited, You concur and
comprehend that You are speaking with Stackwalt Innovations Private Limited through
electronic records and You agree to get interchanges by means of electronic
records from Stackwalt Innovations Private Limited periodically and as and when
required. Stackwalt Innovations Private Limited will speak with You by email or
by sees on Website or electronic records on the Website or on Your versatile the number which will be esteemed sufficient service of notice/electronic record to
the greatest degree allowed under any relevant law.
Terms
You agree that Stackwalt
Innovations Private Limited may, in its sole attentiveness and without any
advance notice, end Your access to the App and square Your future access to the
App if Stackwalt Innovations Private Limited discovers that You have damaged
the conditions of these Terms of Use or some other Agreement(s). You
additionally, concur that any infringement by You of the Agreement(s) will make
irreparable damage Stackwalt Innovations Private Limited, for which monetary
damage might be deficient, and You agree to Stackwalt Innovations Private
Limited getting any injunctive or fair alleviation that company esteems
essential or suitable in such conditions. These cures are notwithstanding some
other remedies Stackwalt Innovations Private Limited may have at law or in
equity.
Moreover, Stackwalt
Innovations Private Limited may whenever, with or without notice, end these
Terms of Use (or part thereof, for example, any individual Additional Terms) with
You if:
Stackwalt
Innovations Private Limited is required to do as such by law (for instance,
where the arrangement of the Services to You is, or becomes, unlawful), or upon
demand by any law authorization or other government offices; The provision of
the Services to You by Stackwalt Innovations Private Limited is, as Stackwalt
Innovations Private Limited would see it, not, at this point monetarily
suitable; Stackwalt Innovations Private Limited has chosen for ceasing, with or
without reason, access to the Website, the Services (or any part thereof);
or In the case that Stackwalt
Innovations Private Limited faces any unforeseen specialized issues or issues
that forestall the Website and/or Services from working.
Stackwalt
Innovations Private Limited may likewise end or suspend all or a part of Your
Account or access to the Services with or without reason. Aside from as might
begone ahead in any Additional Terms relevant to a specific Service,
termination of Your Account may include: (I) evacuation of access to all
contributions inside the App or as for the Services; (ii) impairing access to
the Account Information, including Your own data, sign-in ID and password, and
all related data, documents, and materials related to or inside Your Account
(or any part thereof), and any User Content transferred by You; and (iii)
denying further utilization of the Services.
You agree that
all terminations will be made in Stackwalt Innovations Private Limited sole
discretion and that Stackwalt Innovations Private Limited will not be subject
to You or any outsider for any end of Your Account (and going with the erasure of
Your Account Information), or Your access to the App as well as the Services.
Governing Law
and Jurisdiction
These Terms of
Use and all kinds of transactions that are entered into on or through the
Website/App and the association among You and Stackwalt Innovations Private
Limited will be administered as per the laws of India without reference to
conflict of laws standards.
You agree that
all differences, claims and disputes emerging under or regarding or in
connection hereto the Website, these Terms of Use, the Agreement(s) or any
exchanges went into on or through the Website or the connection among You and Stackwalt
Innovations Private Limited will be dependent upon the elite ward of the courts
at Pune, India, and You, therefore, consent to and acknowledge the purview of such
courts.
Each party thus
permanently forgoes any complaint which such party may now or henceforth have
to the laying of ill-advised venue or discussion non-convenient. Each party
agrees that a judgment in any such activity or continuing might be implemented
in different locales by suit on the judgment or in any manner provided by law.
All service of procedure and some other notification in any such suit,
proceeding, or action as for this Agreement will be successful against a party
whenever given as given herein.