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100gm Customer Agreement
This Agreement ("Agreement") is a legal agreement between you and M/s Jainson Retails (sole owner of its brand "100gm" & “100gm.com”) that states the terms and conditions under which you may receive the 100gm Service and use the 100gm Web site ("100gm.com").
You agree to these terms & conditions when using the 100gm Service or 100gm.com.
1. 100gm Service :
The 100gm Service is a transaction, information and communication service available to authorized users ("customers") who access 100gm.com. 100gm.com currently provides an online grocery shopping and delivery service, and may in the future provide additional shopping and related services. 100gm.com's employees, agents or designees will shop and deliver grocery orders placed with the 100gm Service. Prices of products sold online may differ from those in retail stores. Delivery will be made to the delivery address that you specify when you confirm your order. Prices for products you place in your cart will be guaranteed for the transaction. Payment for groceries and associated shopping and delivery fees is due at the time of delivery. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If 100gm.com cannot deliver your order, or must make an additional delivery because no one is at the delivery address to receive and pay for the order at the specified time, or wrong address / details given to us by you, will be assessed an additional fee. If you are not satisfied for any reason with an item purchased through the 100gm Service, you may call customer service at the time of receiving your order at 8010-444-222. 100gm.com's liability for missing a delivery is limited to delivery at a later agreed time at no additional charge.
(a) Pricing : All the products listed on 100gm.com will be sold at MRP unless otherwise specified. The prices mentioned at the time applicable prices at the time of placing an order. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food do change on a daily basis which would be updated almost immediately on the portal.
(b) Cancellation Policy : As a policy we do not cancel any order after it customer can cancel your is placed on the portal. However, if there are changes in the delivery slot time you requested or need to add more products, you need to call us on customer care number 8010-444-222. Please note: If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
(c) Return & Refunds : We have a "no questions asked return and refund policy" which entitles all our members to return the product at the time of delivery if due to some reason they are not satisfied with the quality or freshness of the product. We will take the returned product back with us and make the necessary adjustments to your order value. However, please note: If a product is returned due to a change in mind and your order value goes below our minimum order requirement of Rs.500, you will be assessed an additional delivery fee.
2.Property Rights :
(a) Copyright : All content on 100gm.com including, but not limited to, design, text, graphics, interfaces, and the selection and arrangement thereof, and all software are the property of 100gm.com, Supply Links ALL RIGHTS RESERVED, or its content providers. 100gm.com authorizes you to view and copy for the sole purpose of placing an order with 100gm.com, for your personal use, provided that you preserve any copyright or other proprietary notices. Any other use of materials on 100gm.com, including, but not limited to, reproduction, modification, distribution or publication for any commercial or public purposes, without the prior written permission of 100gm.com is strictly prohibited. 100gm.com reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from 100gm.com.
(b) Trademarks : "100gm," "100gm.com,", all 100gm.com logos, and all titles, characters, names, graphics and button icons are service marks, trademarks and/or trade dress of 100gm.com or otherwise proprietary to 100gm.com and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names and company names or logos appearing on 100gm.com are the property of their respective owners.
3. Your Account :
You agree to provide 100gm.com with accurate and complete information as required by registration for the 100gm Service ("Customer Registration Data"), including, but not limited to, your legal name, billing and delivery addresses, telephone number and promptly to notify 100gm.com of any change in your Customer Registration Data at email@example.com. Upon registration, your username and password will allow you to access the 100gm Service. You agree to notify 100gm.com promptly of any unauthorized use.You will remain liable for any use of the 100gm Service until you notify 100gm.com of the unauthorized use, loss or theft.
4. Reviews, Comments, Communications, and other Contents :
Visitors may post reviews, comments, and other content; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. 100gm.com reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
(i) You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights.
(iii) Any information provided by you on this site shall not be misleading in any way.
5. Unauthorized or Fraudulent Use :
100gm.com does not offer the 100gm Service to children. By registering for the 100gm Service, you warrant that you are at least 18 years old. If you are under 18, you may use the 100gm Service only with the involvement of a parent or guardian. From time to time, 100gm.com may extend promotional offers to existing or potential new customers. You agree to abide by the terms and conditions of any such offer and acknowledge that circumvention of the terms and conditions of such offers constitutes a fraudulent use. You will be liable for damages caused by such fraudulent use.
6. Changes in Agreement or 100gm Service :
100gm.com may at any time change any of the terms of this Agreement but not limited to, the amount of, or basis for determining, any fees or charges for the 100gm Service. If 100gm.com makes material changes to this Agreement, 100gm.com will provide notice to you in a manner provided in this Agreement. Your use of the 100gm Service after any such change will be conclusively deemed acceptance of such change. 100gm.com may discontinue or revise any or all aspects of the 100gm Service without prior notice to you. Price and availability of products are also subject to change without notice. We reserve the right to correct online pricing errors. In such event, we reserve the right to correct the pricing error or cancel undelivered orders for such incorrectly priced products. You will be contacted in such circumstances. If any change is unacceptable to you, you may cancel your 100gm Service and terminate this Agreement.
7. Disclaimer of Warranty and Limitation of Liability :
YOUR USE OF THE 100GM SERVICE, 100GM.COM AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE 100GM SERVICE, 100GM.COM AND ITS CONTENTS ARE PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, 100GM.COM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO THE AVAILABILITY, ACCURACY OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES, AND WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 100GM.COM DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY 100GM.COM WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT 100GM.COM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
NEITHER 100GM.COM NOR ANY OF ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR MERCHANTS (COLLECTIVELY, ITS "ASSOCIATES") SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ARISING FROM YOUR USE OF, OR INABILITY TO USE, THE 100GM SERVICE, 100GM.COM, THE INTERNET OR FOR ANY OTHER CLAIMS RELATED IN ANY WAY TO YOUR RELATIONSHIP WITH 100GM.COM.
8. Indemnification :
You agree to defend, indemnify and hold 100gm.com and its Associates harmless from any claims and expenses, including attorney's fees, arising in connection with a violation of this Agreement by you or through use of your account.
9. Termination :
100gm.com may suspend or terminate your access to the 100gm Service at any time for any reason with or without notice to you. You may terminate your 100gm Service at any time for any reason by delivering notice in a manner provided in this Agreement which termination will be effective the day notice is received or such later date specified in the notice.
10. Privacy and Security :
Your privacy is very important to 100gm.com. Please click here to review a complete statement of our Privacy and Security Policy which also governs your use of 100gm.com and the 100gm Service
(a) Aggregated Information. 100gm.com may use aggregated information regarding its customers and usage of the 100gm Service (such as customer demographics and traffic patterns) and disclose such aggregated information to advertisers, partners and others for various purposes.
(b) Third Party Service Providers. 100gm.com may employ other companies and individuals to perform certain functions such as delivering packages and analyzing data. They may have access to personal information to perform their functions.
(d) Enforcement of Agreement or Compliance with Law 100gm.com may use or disclose personal information when 100gm.com believes it is appropriate to enforce this Agreement, to protect the rights, property or safety of 100gm.com or its users or to comply with the law.
11. Notices :
100gm.com may give notice to you of a change in this Agreement and any other matter by general posting on 100gm.com, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data.
12. Legal and Miscellaneous :
These Terms of Service constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. The clauses as above shall survive the termination or expiry of this agreement. This electronic record is generated by a computer system and does not require any physical or digital signatures.
(a) Arbitration: If any dispute arises between you and 100gm.com during your use of the Website or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of the User Agreement and Terms and Conditions the dispute shall be first referred to a sole Arbitrator who shall be an independent and neutral third party identified by 100gm.com. The place of arbitration shall be DELHI. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language.
(b) Applicable law: This site is created and controlled by 100gm.com (Jainson Retails). The laws of India shall apply and courts in DELHI shall have jurisdiction in respect of all the terms, conditions and disclaimers. 100gm.com reserves the right to make changes to the website and the terms, conditions and disclaimers at any time and without information to the customers/users of the services/website of 100gm.com. Users are advised to regularly check for any amendments or updates to the terms and conditions contained herein.