TERMS OF USE

Version 2.0 | Updated 20-Oct-2020

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.

1. Introduction

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).

2. Agreement

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.

3. Reference

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.

4. Overview

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.

5. Eligibility

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.

6. Account & Registration Obligations

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.

7. Pricing

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).

8. TERMS ABOUT PAYMENT

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.

  1. The payee must match either the billing or shipping recipient; and
  2. You authorise us to debit the amount payable for an accepted order from your nominated account when you pay using the payment gateway.

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:

  1. In the event of an item on your Order being unavailable, we will contact you on the phone number or email address provided to us at the time of placing the Order and inform you of such unavailability. In such a case we will refund any payments already made by you for the order
  2. If we suspect any fraudulent transaction by any Customer or any transaction which defies the Terms of Use of using the Platform, we at our sole discretion could cancel such orders
  3. In the event if the designated address falls outside the delivery zone offered by us
  4. Failure to contact you by phone or email at the time of confirming the Order booking
  5. Failure to deliver your Order due to lack of information, direction, or authorization from you at the time of delivery
  6. Unavailability of all the items Ordered by you at the time of booking the Order;
  7. In case the delivery person is not allowed inside your compound, community or society or any other reason beyond control causing movement of the delivery person including but not limited to law and order situation; or
  8. Due to unforeseen circumstances beyond our control.

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.

  1. Exchange is possible only for those products where the Customer had chosen the wrong item during the order or if the item was broken or substantially damaged during delivery.
  2. No returns or exchange shall be accepted after the packaging of product is opened or product is consumed either in part or whole by the Customer.
  3. Our Customers can return the product at the time of delivery. If due to some reason Customer is not satisfied with the products delivered for reasons such as wrong order being delivered, substitute item is delivered, item delivered is leaking or substantially damaged in transit, or deteriorated in quality.
  4. We will take the returned product back with us and issue a credit note for the value of the returned products which will be credited to your bank account within 3-21 days depending on your bank’s policy. Timelines will also be subject to the mode of payment used.
  5. Items such as Milk, Curd, Home Cooked Food & other similar perishable items cannot be returned.
  6. Acceptance of returns post-delivery is subject to a satisfactory inspection by our Customer service team. Get in touch with our Customer Service on +91 7760708000 for any such requests within 24 hours. In such cases, MyBerri Customer Service will review on case-to-case basis and decide the best approach as per the Terms of Use policy. Such decision shall be final and binding.

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

  1. Packaging has been tampered or damaged or spilled at the time of delivery and you have not accepted the delivery
  2. MyBerri cancelling your Order due to:
    1. your delivery location is outside our designated delivery zones;
    2. failure to contact you by phone or email at the time of confirming the Order booking; or
    3. unforeseen natural, political, or environmental circumstances.
  3. All refunds will be credited to your bank account. It will take 7-21 working days for the money to show in your bank account depending on your bank’s policy
  4. In case of payment at the time of delivery referred to as ‘Cash on delivery’ or ‘Card on delivery’, you will not be required to pay for:
    1. Orders where the packaging has been tampered or damaged or spilled by us; or
    2. Wrong order has been delivered or to the extent of the value of the item/s, missing from your Order at the time of delivery.

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.

  1. MyBerri will ensure a smooth and prompt response to the situation;
  2. In the event the dispute is not resolved, it shall be resolved by arbitration; and
  3. The arbitration will occur under the laws of the High Court Judicature, Bengaluru, Karnataka, India.

You may not use the Platform for any of the following purposes:

  1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material
  2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations, or code of practice
  3. Gaining unauthorized access to other computer systems
  4. Interfering with any other person's use or enjoyment of the Platform
  5. Breaching any applicable laws
  6. Interfering or disrupting networks or web sites connected to MyBerri network or Platform
  7. Making, transmitting, or storing electronic copies of materials protected by copyright without the permission of MyBerri.

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 :

  1. You are entitled to post the Comments on our Platform and have all necessary licenses and consents to do so
  2. The Comments do not invade any intellectual property right, including without limitation copyright, patent, or trademark of any third party
  3. The Comments do not contain any defamatory, libellous, offensive, indecent, or otherwise unlawful material which is an invasion of privacy
  4. The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity and
  5. You hereby grant MyBerri a non-exclusive license to use, reproduce, edit, and authorize others to use, reproduce and edit any of your Comments in all forms, formats, or media.

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:

  1. Government agencies;
  2. Search engines;
  3. News organizations;
  4. Online directory distributors may link to our Platform in the same manner as they hyperlink to the Platforms of other listed businesses; and
  5. System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Platform.

These organizations may link to our home page, to our publications or to another Platform information so long as the link:

  1. is not in any way deceptive;
  2. does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and
  3. fits within the context of the linking party’s site.

We may consider and approve other link requests from the following types of organizations:

  1. commonly known consumer and/or business information sources;
  2. dot.com community sites
  3. associations or other groups representing charities;
  4. online directory distributors;
  5. internet portals;
  6. accounting, law, and consulting firms; or
  7. educational institutions and trade associations.

We will approve link requests from these organizations if we decide that :

  1. the link would not make us look unfavourably to ourselves or to our accredited businesses
  2. the organization does not have any negative records with us
  3. associations or other groups representing charities
  4. the benefit to us from the visibility of the hyperlink compensates the absence of MyBerri and
  5. the link is in the context of general resource information.

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:

  1. By use of our corporate name; or
  2. By use of the uniform resource locator being linked to; or
  3. By use of any other description of our Platform being linked to that makes sense within the context and format of content on the linking party’s site

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:

  1. limit or exclude our or your liability for death or personal injury
  2. limit or exclude our or your liability for fraud or fraudulent misrepresentation
  3. limit any of our or your liabilities in any way that is not permitted under applicable law or
  4. exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer:

  1. limit or exclude our or your liability for death or personal injury
  2. are subject to the preceding paragraph; and
  3. govern all liabilities arising under the disclaimer, including liabilities arising in contract, and for breach of statutory duty.

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.

s 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.

In case of any grievances you can contact:

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]

How MyBerri Works?


Select Items

Select from our wide range of goods & services for all or any of your daily needs & essentials.

Place Order

Pay through credit card, debit card, net banking, UPI. You can even choose to pay cash on delivery.

Get it Home

At MyBerri we give highest priority to quick & contactless delivery, thus ensuring safety & security of our customers and partners.

Brand Store


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