Welcome to MyBerri
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING THE PRODUCTS & SERVICES PROVIDED BY MYBERRI THROUGH THE WEBSITE OR THROUGH THE MYBERRI MOBILE APPLICATIONS (TOGETHER REFERRED HEREINAFTER AS THE “PLATFORM” OR “MYBERRI”), YOU AGREE TO BE BOUND BY THE TERMS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THE SERVICES PROVIDED BY THE PLATFORM.
MyBerri Retail Solutions Private Limited is the licensed owner of the brand MyBerri™, including the MyBerri website (www.myberri.com) and the MyBerri Mobile Applications (MyBerri for iOS & MyBerri for Android).
As a visitor or Customer to this Platform, you are advised to read the Terms of Use carefully. By accessing the products & services provided by the Platform you agree to the Terms of Use agreement.
The following terminology applies to these Terms of Use and all Agreements: "Client", "Customer", "You" and "Your" refers to you, the person using MyBerri Platform and compliant to the Company’s Terms of Use. "The Company", "MyBerri”, “Ourselves", "We", "Our" and "Us", refers to our Company. "Party", "Parties", or "Us", refers to both the Customer and ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Customer in the most appropriate manner for the express purpose of meeting the Customer’s needs in respect of provision of the Company’s stated services, in accordance with and subject to, prevailing law of India. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
As part of the registration process on the Platform, MyBerri may collect the following personally identifiable information about you: Name including first and last name, email address, mobile phone number and contact details, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Platform you visit/access, the links you click on the Platform, the number of times you access the page and any such browsing information.
Services of the Platform would be available in Bengaluru, Karnataka, India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years you may use the Platform only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
All shoppers must register and login for placing orders on the Platform. Shoppers may also call or chat to place an order. You must keep your account and registration details current and correct for communications related to your purchases from the Platform. By agreeing to the Terms of Use, the shopper agrees to receive promotional communication and newsletters upon registration. The Customer can opt out either by unsubscribing using our email service or by contacting the Customer service.
The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Company by third-party sellers. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.
Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Marketplace will be sold at a price higher than its MRP (Maximum Retail Price).
Payment for an order is made online through our Platform. You must pay for the Products at the time of placing your order using the Platform. MyBerri accepts Visa, MasterCard, UPI payments, Net-Banking, Card on Delivery and on exception Cash on Delivery. You must comply with the relevant Terms of Use of the respective banking partners or providers.
A. Cancellation :
MyBerri provides an easy and hassle-free cancellation policy. You as a Customer can cancel your order any time before the order status is ‘Ready to Deliver’ by calling our Customer service. In such a case we will refund any payments already made by you for the order. For your convenience you can also call us to decrease or increase the quantity of products or Add or Remove any product before the order is ‘Ready to Deliver’.
We reserve the sole right to cancel your Order without any liability on our part in the following circumstances:
B. Return :
At MyBerri, our Customer can either Return or Exchange the product. Here, Return means the product can be returned by the Customer and refund will be provided for the same, subject to the terms mentioned in this agreement; and Exchange means Replacing the product of equal value.
COVID-19 NOTE: As a Covid-19 safety and hygiene measure, we will avoid picking up items post-delivery. We request all our Customers to thoroughly check the products at the time of delivery.
C. Refund
You shall be entitled to a refund only if you pre-pay for your Orders at the time of placing your Order on the Platform and only in the event of any of the following circumstances
OUR DECISION ON REFUNDS, ITS APPLICABILITY, ETC IN ALL CASES SHALL BE AT OUR SOLE DISCRETION AND SHALL BE FINAL AND BINDING.
D. Chargeback :
The concept of the chargeback system is relatively simple: if a Cardholder Customer has an issue with a transaction that cannot be resolved dealing directly with MyBerri FIRST, then the said Cardholder Customer can appeal directly to the Card Network or the Bank. But that is the concept; the actual chargeback process is much more involved. Even a straight-forward case involves multiple interactions between the parties: Cardholder, Issuing Bank, Acquiring Bank, Merchant & Payment Gateway. The chargeback must be initiated by the Customer within a period of 180 days. In case of the Chargeback when initiated by the Customer, it will take 45-90 working days for the money to show in your bank account depending on your bank’s policy. The transaction amount or the chargeback fees will be credited from Customers’ account. To manage the chargeback process more effectively MyBerri ensures clear record of every transaction, maintains proof of fulfilment of each transaction, a smooth resolution experience for the Customer, and better communication practices.
E. Dispute Resolution :
MyBerri believes in Customer Service. In the event of a dispute with respect to returns, refunds or cancellation we urge the Customer to approach MyBerri first.
You may not use the Platform for any of the following purposes:
9. Cookies :
We employ the use of cookies. By accessing MyBerri, you agreed to use cookies in agreement with MyBerri Privacy Policy and Terms of Use.
Platform uses cookies to let us retrieve the user’s details for each visit. Cookies are used by our Platform to enable the functionality of certain areas to make it easier for people visiting our Platform. Some of our affiliate / advertising partners may also use cookies.
10. License :
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Platform is owned, controlled or licensed by or to MyBerri Retail Solutions Private Limited, and is protected by copyright, patent and trademark, and various other intellectual property rights and laws.
Except as expressly provided in these Terms of Use, no part of the Platform and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise.
This Agreement shall begin on the date hereof.
Parts of this Platform offer an opportunity for users to post and exchange opinions and information in certain areas of the Platform. MyBerri does not filter, edit, publish, or review Comments prior to their presence on the Platform. Comments do not reflect the views and opinions of MyBerri, its agents and/or affiliates. Comments reflect the views and opinions of the person who post their views and opinions. To the extent permitted by applicable laws, MyBerri shall not be liable for the Comments or for any liability, damages or expenses caused and/or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Platform.
However, MyBerri reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms of Use.
You warrant and represent that :
11. LIMITATIONS OF LIABILITY :
We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any third-party businesses or individuals, or the content of their Platforms. We do not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share Customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
12. Hyperlinking to our Content :
The following organizations may link to our Platform without prior written approval:
These organizations may link to our home page, to our publications or to another Platform information so long as the link:
We may consider and approve other link requests from the following types of organizations:
We will approve link requests from these organizations if we decide that :
If you are one of the organizations listed in the paragraph above and are interested in linking to our Platform, you must inform us by sending an email to [email protected] Include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Platform, and a list of the URLs on our site to which you would like to link. We shall revert in 15 days with our decision.
Approved organizations may hyperlink to our Platform as follows:
No use of MyBerri logo or other artwork will be allowed for linking in absence of a trademark license agreement.
13. iFrames :
Without prior approval and written permission, you may not create frames around our Web Pages that alter in any way the visual presentation or appearance of our Platform.
14. Content Liability :
We shall not be held responsible for any content that appears on your Platform. You agree to protect and defend us against all claims that are rising on your Platform. No link(s) should appear on any Platform that may be interpreted as libellous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
15. Your Privacy :
Refer to MyBerri Privacy Policy on our Platform.
16. Reservation of Rights :
We reserve the right to request that you remove all links or any link to our Platform. You approve to immediately remove all links to our Platform upon request. We also reserve the right to amend these Terms of Use and it’s linking policy at any time. By continuously linking to our Platform, you agree to be bound to and follow these linking Terms of Use.
Removal of links from our Platform:
If you find any link on our Platform that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links, but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this Platform is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the Platform remains available or that the material on the Platform is kept up to date.
17. Disclaimer :
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Platform and the use of this Platform. Nothing in this disclaimer will:
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:
If the Platform and the information and services on the Platform are provided free of charge, we will not be liable for any loss or damage of any nature.
The Platform may be under constant upgrades, and some functions and features may not be fully operational.
We expressly disclaim all liabilities that may arise because of any unauthorized use of our payment channel including but not limited to credit cards, debit cards, Net Banking, UPI payments or similar.
You acknowledge that third party services are available on the Platform. We may have formed partnerships or alliances with some of these third parties from time to time to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, damages or injuries, or impairment experienced by you or any third party directly or indirectly. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s / manufacturers/ producers/ vendors’ services.
MyBerri disclaims all liability that may arise due to any issues with respect to the products available on the Platform. MyBerri is not responsible for any warranty, guarantee, post-sale claims, genuineness of listings, content, products, and services as MyBerri is just a retailer that procures the products from the manufacturer or producer or vendor. All the claims relating to the products including but not limited to product liability claims, damages and injuries which may happen due to consumption shall be referred to the concerned manufacturer/ producer/ vendor, and MyBerri shall be absolved for any liability arising out of such claim. Customers can seek MyBerri ‘s assistance for giving additional information if required provided the same is available with MyBerri.
While the materials provided on the Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in functionality of the Platform. As a result, we do not represent that the information posted is correct in every case.
The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will we or our employees, affiliates, authors, or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
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In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
18. Modification of Terms of Use of Service :
MyBerri may at any time modify the Terms of Use of the Platform without any prior notification to you. You can access the latest version of these Terms of Use at any given time on the Platform. You should regularly review the Terms of Use on the Platform. In the event the modified Terms of Use is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms of Use of this Platform.
The headings of the paragraphs of this Agreement are inserted solely for the convenience of reference. They will in no way define, limit, extend, or aid in the construction of the scope, extent, or intent of this Agreement.
No provision of this Agreement may be amended or waived unless agreed and issued by MyBerri.
This Terms of Use agreement and any exhibits if attached to it contain the entire understanding between the parties and supersede all prior agreements and understandings relating to the subject matter of the Agreement.
19. Governing Law & Dispute Resolution :
MyBerri agrees to cooperate fully and to provide support in resolution of any complaints, claims, actions, or proceedings that may be brought by or that may involve the Customer.
Any dispute that may arise regarding this agreement shall be resolved, by mutual discussion and understanding. If the issue has not been resolved, the same shall be referred to arbitration. Any legal notice or other communication will be deemed to be properly given only when sent via the Indian Postal Service or a nationally recognized courier, addressed as shown in the last page of this Agreement.
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bengaluru, Karnataka, India.
MyBerri Retail Solutions Private Limited
CIN: U52190KA2020PTC136618
Officer:
Mr. Manoj Madhavan Pillai
Address:
Soul Space Arista,
2B-404, Doddanekundi, Outer Ring Road,
Bengaluru 560037, Karnataka, India.
Phone:
+91 7760708000
Email:
[email protected]
Select from our wide range of goods & services for all or any of your daily needs & essentials.
Pay through credit card, debit card, net banking, UPI. You can even choose to pay cash on delivery.
At MyBerri we give highest priority to quick & contactless delivery, thus ensuring safety & security of our customers and partners.