Last Updated On Jan 2, 2017
This mobile application https://play.google.com/store/apps/details?id=com.pop.numbermall&hl=en (the "App") is owned and operated by NumberMall Private Limited, a company incorporated in India, having its registered office at 69, Nagarjuna Hills, Panjagutta, Hyderabad - 500082, Telanagana, India (the "Company", which expression would mean and include its officers, successors and permitted assigns). The Company is in the business of operating an online e-distribution for the purchase and sale of consumer goods including but not limited to food, grocery and household essential products and providing technology, marketing, warehousing, transport and logistics support to the goods manufactures or producers and buyers. Such online services made available through the App are hereinafter referred to as the "Services".
Applicability And Amendment Of Terms
Your use of the App or the Services will signify your acceptance of the Agreement and your agreement to be legally bound by the same. If you do not agree to or wish to be bound by the terms of the Agreement, you may not access or otherwise use the App or the Services.
Nothing in the Agreement should be construed to confer any rights to third party beneficiaries.
Your Account And Registration
You will be required to register on the App and create an account prior to the completion of any transaction / purchase through the App.
Use of the App is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the App. If you are a minor i.e. under the age of 18 years, you shall not register as a user of the App and shall not transact on or use the App. As a minor if you wish to use or transact through the App, such use or transaction may be made by your legal guardian or parents. The Company reserves the right to terminate your membership and / or refuse to provide you with access to the App if it is brought to the Company's notice or if it is discovered that you are under the age of 18 years.
Registration is only a one time process and if you have previously registered, you may login /sign in to your registered account using the same credentials as provided by you during the registration process.
Membership is free for all users. However, a fee may be charged for subscribing to any new/additional services offered by the Company exclusively to Members. The Company reserves the right to change the fee policy applicable to such paid membership. Changes to the fee policy will be posted on the App and such changes shall become effective immediately after they are posted on the App.
You are responsible for maintaining the confidentiality of your account and password or 6 digit PIN and for restricting and preventing unauthorized access to your account. You agree to accept responsibility for all activities that occur under your account or password.
You agree to (a) immediately notify the Company of any unauthorized use of your account information or any other breach of security, and (b) ensure that you exit from your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with these conditions. You may be held liable for losses incurred by the Company or any other user of or visitor to the App due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.
You shall ensure that the account details provided to us through the App are correct and complete at all times. We reserve the right to refuse access to the App, terminate accounts, remove or edit content at any time without notice to you.
The Company will endeavor to ensure that access to and availability of the App remains uninterrupted and error free. However, access to the App may occasionally be suspended or restricted to allow for updates, repairs, maintenance, or for the introduction of new facilities and services.
Limited License For Access
The Company grants you a limited license to access and make personal use of this App, but not to modify it (or any portion thereof), except with prior written consent of the Company and / or its affiliates, as may be applicable.
This license does not include any resale or commercial use of this App or its contents; any collection and use of any product listings, descriptions, catalog images or prices, any derivative use of this App or its contents, any downloading or copying of catalog images, account information for the benefit of your business, or any use of data mining, robots, or similar data gathering and extraction tools. You will not advertise or sell any products, services or otherwise (whether or not for profit) or solicit others (including without limitation solicitations for contributions or donations).
This Application or any portion thereof (including but not limited to any copyrighted material, trademarks, or other proprietary information) may not be reproduced, duplicated, copied, sold, resold, visited, distributed or otherwise exploited for any commercial purpose without prior written consent of the Company and / or its affiliates, as may be applicable.
You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Company and its affiliates without prior written consent. You will not use any meta tags or any other "hidden text" utilizing the Company's or its affiliates' names or trademarks without the prior written consent of the Company and / or its affiliates, as may be applicable. Any unauthorized use will terminate the permission or license granted by the Company and / or its affiliates, as may be applicable.
4.5.You shall not use the App in any way that causes, or may be likely to cause damage or impairment to the App or in any manner harms the Company or any other person or entity (as determined by the Company in its sole discretion) or interrupt free access to it in any way. You shall not use the App to host, display, upload, post, submit, distribute, modify, publish, transmit, update or share any information that:
belongs to another person and to which you do not have any right;
is grossly harmful, harassing, blasphemous defamatory obscene, pornographic, pedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the App and/or the Services or any connected network or any computer resource, or otherwise interferes with any entity's use or enjoyment of the App and/or the Services; and threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insults any other nation.
You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," "phishing" and "griefing" as those terms are commonly understood and used on the internet.
4.7.You will not delete or modify any content on the App and/or Services including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
Platform for Transactions and Communication
The App is a platform that users utilize to meet and interact with one another for their transactions. The Company is not and cannot be a party to or control in any manner any transaction between the platform's users.
5.2.All commercial/contractual terms are offered by Company include without limitation, price, date, period for delivery, warranties related to products and services and after sales services related to products and services. The Company does not make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased through the App. The Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services through the App. The Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
The Company is not responsible for any non-performance or breach of any contract. The Company cannot and does not guarantee that you and/or the Company will perform any transaction concluded through the App. The Company is not required to mediate or resolve any dispute or disagreement between you and the producers of the product.
The Company is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
It is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Company and you.
You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Company. Pricing on any product(s) as is reflected on the App may due to some technical issue, typographical error or product information published by the Company be incorrectly reflected and in such an event the Company reserves the right to refuse sale of the item(s).
The Company has a no questions asked return and refund policy which entitles all users who have purchased a product on the platform to return the product at the time of delivery if they are not satisfied with the quality of the product. In case you are not available at delivery to check the quality of the product(s), you may raise a complaint within 48 hours of delivery. To pass feedback to the relevant officers to improve the services, it is mandatory to share the images of the items which you were dis-satisfied with. Subject to acceptance, the Company may take the returned product back and grant credit/coupon/cash back in lieu of the value of the returned product. Such credit shall be available for use against a subsequent invoice for transactions on the platform.
However, the Company reserves the right of returns or refunds of the Products after the order has been accepted for delivery. Further, it is clarified that for products bought by you on promotional offer, no returns shall be accepted unless the product seal is intact (i.e. not broken) and the original invoice issued by the Company.
For any request for returns not conforming to the aforesaid, the Company may, upon request by you, but at its sole discretion, contact the relevant third party product manufacturer to accept the return of such product against the original invoice for the product(s), provided however that the Company shall not be responsible for the acceptance or rejection of such request by the respective product manufacturer.
Pricing And Product Availability
The Company will display on the App, information on price and availability of the products sold. Although prices of most of the products do not fluctuate on a daily basis, some of the commodities and fresh food prices may change on a daily basis. For any order the price shall be the price prevailing at the date on which the order is placed. The prices listed on the App are not negotiable.
Despite the best efforts of the Company, such information on the price and availability of products may be inaccurately displayed on the App. The Company reserves the right to correct any and all errors when they do occur and the Company does not honor inaccurate or erroneous prices. The prices on the App are also subject to change without notice.
Invoices for the products ordered through the App shall be raised by the Company. The Company will be collecting amounts due from you against an invoice.
The Company offers multiple payment options to you on the App, which may be updated from time to time: Online Payment: You can make online payments using your credit card or debit card, through net banking (RTGS/NEFT/IMPS), through wallets or other pre-paid instruments and payment options offered / recognized by the Company from time to time; Offline Payment: You can complete the order online and then make payments to the Company by cash on delivery to the delivery personnel. You can also make payments to the Company by cheques in the name of the Company.
General delivery of ordered goods will be delivered the next day to your verified delivery address only. A delivery fee shall be charged for orders placed through the App. However, the Company's guaranteed next day delivery is subject to the following terms;
a. Orders must be placed within the time frame mentioned on the product details page to avail next day delivery.
b. The next day delivery applies to attempted delivery by the promised date. Company will not be responsible to provide next day delivery if your business is in closed condition or you or your authorised representatives are not present at the delivery address to take the delivery.
c. On Sundays, and regional or national holidays, deliveries do not happen.
d. Next day delivery is not available to establishment addresses like offices and business premises. It is restricted only to residential addresses.
Shipping all items in an order together, may not always be possible due to product availability. The Company will intimate you in such cases through phone calls or short message service ("SMS") or in app notifications you hereby expressly consent to the Company contacting you on your registered mobile number for transaction related communications.
In the event that your order cannot be delivered on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by the Company for redelivery shall be claimed from you.
Promotional Offers, Schemes and Cash backs
The Company may, from time to time, provide Promotional Offers, Schemes and Cash backs on the products listed for sale through the App.
Copyright And Database Rights
All content included on the App, such as photographs, text, graphics, logos, button icons, images and software, is the exclusive property of the Company, its affiliates or its content suppliers.
The compilation of all content on this App is the exclusive property of the Company.
All software used on this App is the property of the Company or its software suppliers. You shall not systematically extract and/or re-utilize parts of the contents of the App without the Company's express written consent. In particular, you shall not utilize any data mining, robots, or similar data gathering and extraction tools to extract (either once or a number of times) for re-utilization of any substantial parts of this App, without the Company's prior and express written consent.
You shall not create and/or publish your own database that features substantial parts of this App (e.g. prices and product listings) without the Company's express written consent. Your personal and non-commercial use of this App shall be subjected to the following restriction (i) you may not modify any content of the App, including but not limited to, any public display, description, performance, sale, rental, pricing of the product; (ii) you may not decompile, reverse engineer, or disassemble the content, or (iii) remove any copyright, trademark registration, or other proprietary notices from the content. You further agree not to access or use this App in any manner that may be harmful to the operation of this App or its content.
NumberMall Private Limited and other marks indicated on the App are trademarks or registered trademarks of the Company in the Indian jurisdiction. All other trademarks not owned by the Company that appear on this App are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
Using the App or sending emails to the Company constitutes electronic communication by you with the Company. The Company communicates with you by email or by posting notices on the App. For contractual purposes, you consent to receive communications from the Company electronically and agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement stipulating that those communications be in writing. This condition does not affect your statutory rights.
You understand that once you register on the App, you will receive SMS messages from the Company on your registered mobile number. These messages could relate to your registration, transactions that you carry out through the App or any updates and promotions that are undertaken by the Company. Please note that the Company will send these SMS messages only to the registered mobile number or such other number that you may designate for any particular purpose. It is your responsibility to ensure that you provide the correct number for the transaction you wish to enter and that such number is not registered on the National Do Not Call Registry.
Further, the Company may also send notifications and reminders to you with respect to you activity on the App in relation to the Services. Please note that while the Company endeavors to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you.
The Company shall have the right to indefinitely suspend or block access to your membership on the App and/or refuse to provide you access to the App if:
you engage in or are suspected of engaging in any illegal, fraudulent or abusive activity; or
Upon suspension or termination, your right to avail the Services through the App shall immediately cease and the Company reserves the right to remove or delete information regarding you that is available with the Company, including but not limited to login, account information and information posted by you.
The information, content and materials on this App and / or the Services are provided on an "as is" and "as available" basis. The Company and all its subsidiaries, affiliates, officers, employees, agents, partners and licensors disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement.
The Company makes all reasonable efforts to display the products listed for sale on its App as accurately as possible. However the Company cannot guarantee that the users' monitor's display of any product color, texture or detail will be accurate. The Company does not warrant that product descriptions or other content are accurate, complete, reliable current or error free. While the Company makes every effort to ensure that the products are described and priced accurately, in the event that an item is deemed to be priced incorrectly, the Company reserves the right to refuse the sale of that item.
The Company does not warrant that the functions contained in content, information and materials on the App and/or Services, including, without limitation any third party sites or services linked to the App and/or Services will be uninterrupted, timely or error-free, that the defects will be rectified, or that the App or the servers that make such content, information and materials available are free of viruses or other harmful components.
Any material downloaded or otherwise obtained through the App and/or Services are accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your electronic device.
Indemnity And Limitation Of Liability
You hereby indemnify, defend, and hold the Company, the Company's affiliates, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, vendors and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives, harmless from and against any and all losses, damages, liabilities and costs arising from your use of the App or the Services and/or violation of the Agreement by you.
You expressly understand that under no circumstances, including, but not limited to, negligence, shall the Company be liable to you or any other person or entity for any direct, indirect, incidental, special, or consequential damages, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from circumstances, including but not limited to: (i) the use or the inability to use the App and/or Services; or (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the App and/or Services or (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the App and/or Services; or (v) any other matter relating to the App and/or Services.
In the event that any tax claims or demands are made against the Company in relation to any Company's and/or your tax liabilities, and the Company is required to pay any amounts with respect to aforesaid claims or demands, then the Company shall have a right to make an indemnity claim with respect to the same on you, as the case may be. We shall neither be liable nor responsible for any actions or inactions of the other users of the App nor any breach of conditions, representations or warranties by them. We do not take any obligation to mediate or resolve any dispute or disagreement between you and the other users of the App.
Further, none of the directors, officials or employees of the Company shall be personally liable for any action in connection with the App or the Services.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards that have been used to make payments on the App.
We will not be responsible in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond the Company's reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond the reasonable control of the Company. You further acknowledge and agree that the Company shall not be responsible or liable for (a) any incompatibility between the App and/or Services and any other website, application, service, software or hardware or (b) any delays or failures that users may experience with any transmissions or transactions relating to the Application in an accurate or timely manner.
In the event you come across any abuse or violation of the Terms or if you become aware of any objectionable content on the App, please report to firstname.lastname@example.org
If you have any grievance with respect to the App or the Service, including any discrepancies and grievances with respect to processing of information, you can contact our Grievance Officer at:
Governing Law And Jurisdiction
You have read these Terms & Conditions and agree to all of the provisions contained above
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and 1 other city in India