User Agreement

User Agreement

This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy, and user agreement or usage of the website www.softberry.in

Your use of www.softberry.in and services are governed by the following terms and conditions as applicable to the website including the applicable policies which are incorporated herein by way of reference. If you transact on the website, you shall be subject to the policies that are applicable to the website for such transactions. By mere use of the website, you shall be contracting with Softberry Technology Private Limited and these user agreements including the policies constitute your binding obligations, with Softberry.

In using the www.softberry.in shopping service, The User(s) are deemed to have accepted the terms and conditions listed below. Softberry reserves the right to add, delete, alter, or modify these terms and conditions at any time. The User is therefore advised to read carefully these terms and conditions each time he or she uses the shopping service(s) of Softberry.

All products/services and information displayed on www.softberry.in shopping constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the terms and conditions listed below. Softberry reserves the right to accept or reject your offer.

User Eligibility

Usage of our website is only available to persons/ sole proprietors, firms, companies, corporations, government, state or agency of a state or any association, trust, joint venture, consortium, or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India 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 un-discharged insolvents, etc. are not eligible to use the Website. If you are a minor i.e. under the age of 18 years, you may use the Website or access content on the Website only under the supervision and prior consent/ permission of a parent or legal guardian.

Your Account and Registration Obligations

While registering on the Website, the User will have to choose a password to access that User account, and the User shall be solely responsible for maintaining the confidentiality of both the password and the account as well as for all activities on the account. It is the duty of the User to notify Softberry immediately in writing of any unauthorized use of their password or account or any other breach of security. Softberry will not be liable for any loss that may be incurred by the User as a result of unauthorized use of the password or account, either with or without the User’s knowledge. The User shall not use anyone else's account at any time.

Softberry will not be responsible for any damage suffered by users from the use of the services on this site. This without limitation includes loss of revenue/data resulting from delays, non-deliveries, missed deliveries, or service interruptions as may occur because of any act/omission of the seller. This disclaimer of liability also applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction, or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action.

Use of website and communication

www.softberry.in is a website meant to be used by users for lawful use as per the Indian Government. The User Agreement grants a limited, non-exclusive, non-transferable right to use this Website as expressly permitted in this User Agreement. The User agrees not to interrupt or attempt to interrupt the operation of the Website in any manner whatsoever. Any information you provide to us or other users of the Website ("Users") in the registration, buying, or listing process, in the feedback area or through any e-mail feature. You are solely responsible for your information and we act only as a passive conduit for the online distribution and publication of your information.

Disclaimer: You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Website. We shall neither be liable nor responsible for any actions or inactions of Sellers nor any breach of conditions, representations, or warranties by the Sellers or manufacturers of the products and hereby expressly disclaim any and all responsibility and liability in that regard.

Content on the website

You understand and agree that www.softberry.in merely provides hosting services to its registered users and persons browsing/ visiting the Website. All items advertised/ listed and the contents therein are advertised and listed by registered users. www.softberry.in neither originates nor initiates the transmission nor selects the sender and receiver of the transmission nor selects or modifies the information contained in the transmission. All prices and availability of products are subject to change without prior notice at the sole discretion of Softberry.

The agreement between you & Softberry shall be subject to the following terms and conditions-

1. These terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the Shopping services of Softberry you agree to be bound by the Terms and Conditions.

2. All prices are indicated in Indian Rupees.

3. All prices and availability of products are subject to change without prior notice at the sole discretion of Softberry.

4. Softberry reserves the right to refuse or cancel any order placed for a product that is listed at an incorrect price. This shall be regardless of whether the order has been confirmed and/or payment has been levied. In the event, the payment has been processed by Softberry the same shall be credited to your account and duly notified to you by email.

5. In a debit/ credit card transaction, you must use your own debit/ credit card. Softberry will not be liable for any debit/ credit card fraud. The liability to use a card fraudulently will be on the user and the onus to 'prove otherwise shall be exclusively on the user.

6. In the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name, address or information) any extra cost incurred by Softberry for redelivery shall be claimed from the User placing the order.

7. Softberry shall not be liable for any delay / non-delivery of purchased goods by the sellers, trade organization/s, manufacturers/shop, etc. In case of flood, fire, war, acts of God, or any cause that is beyond the control of Softberry.

8. All products are duly screened and assured by the sellers to ensure that the products are of the standard, quality, composition, style, or model that they represent.

9. Notwithstanding anything contained herein Softberry acts only as a booking agent to facilitate/integrate transactions between the buyers and sellers through various platforms (online web store, call center, mail order catalogs, SMS., etc.) for various sellers and shall in no way be responsible for any quality of product, damages, losses, expenses and/or taxes incurred by Users and the products. In no event shall Softberry, its directors, officials, representatives, and employees be liable for any damages relating to products sold through its various platforms.

10. In case of non-availability of the product in stock, Softberry has the right to send a similar or higher-value product.

11. The User agrees to use the services provided by Softberry, its affiliates, consultants, and contracted companies, for lawful purposes only.

12. The User agrees to provide authentic and true information. Softberry reserves the right to confirm and validate the information and other details provided by the User at any point in time. If upon confirmation such User details are found not to be true (wholly or partly), Softberry has the right in its sole discretion to reject the registration and debar the User from using the Services of www.softberry.in shopping, and/or other affiliated websites without prior intimation whatsoever.

Communications

1. Softberry will send product confirmation, cancellation, payment confirmation, refund status, or any such other information relevant to the transaction made by the User, via SMS, voice call, e-mail or any other alternate communication detail provided by the User at the time of purchase.

2. The User hereby unconditionally consents that such communications via SMS, voice call, email or any other mode by Softberry.

3. The User will indemnify Softberry against all types of losses and damages incurred by Softberry due to any action taken by the Telecommunications Regulatory Authority (TRA) or such other relevant authority in the relevant jurisdiction, Access Providers or any other local authority due to any erroneous complaint raised by the User on Softberry with respect to the communications mentioned above or due to a wrong number or email id being provided by the User for any reason whatsoever.

Privacy

Users shall also refer to Softberry’s Privacy Policy available at https://www.softberry.in/privacy-policy which governs the use of the websites. By using the Website, the User agrees to the terms of the Privacy Policy and accordingly consents to the use of the User’s personal information by Softberry and its affiliates in accordance with the terms of the Privacy Policy.

Right to cancel the order

Softberry retains the right to cancel any order placed by the Buyer, at its sole discretion and the Buyer shall be intimated of the same by way of an email/SMS. Any transaction price paid by the Buyer in case of such cancellation by Softberry or Seller shall be refunded to the Buyer.

The User expressly undertakes to provide Softberry with correct and valid information while making use of the Website under this User Agreement, and not to make any misrepresentation of facts. Any default on the part of the User would debar the User from availing of the services from Softberry.

Call / Email Abuse & Threat Policy

Softberry’s authorized representatives or employees will never contact a user asking for his / her debit/ credit card number, expiry date, CVV, net banking login, password, OTP, UPI password, etc. nor will they ever request a fund transfer to a person or an individual bank account. Further, they will also not ask a User to install any third-party applications that enable them to view a User’s mobile or computer screen. Acting on any of these requests may make you a victim of fraud, and may potentially lead to the loss of your valuable money or information. If anyone asked for the aforesaid information, please email us immediately at support@softberry.in.

Indemnification

You shall defend, indemnify and hold harmless Softberry its owners, sellers, and their respective officers, directors, agents, and employees (" Indemnified Parties"), from and against any losses, claims, liabilities, demands, damages, obligations, penalties or actions (including reasonable attorneys' fees) made by any third party against the Indemnified Parties or imposed against the Indemnified Parties, due to or arising out of, resulting from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User. This indemnification obligation will survive the expiry or termination of these Terms and/or your use of the Service.

General Provisions

The User expressly agrees that the use of service(s) www.softberry.in Shopping is at the User's sole risk. The Service(s) of www.softberry.in Shopping is provided on an "as is" basis without warranties of any kind, whether express or implied. Softberry its affiliates, employees, agents, consultants, and contracted companies make no warranties of any kind, whether expressed or implied, for the service, it is providing or as to the results that may be obtained from the use of the Service, or as to the accuracy, reliability or content of any information, service, or merchandise provided through this Service. Softberry does not represent or warrant maintaining the confidentiality of information; although Softberry current practice is to utilize reasonable efforts to maintain such confidentiality. It is also clearly understood that all warranties, implied or express take place between the sellers and the User.

• This agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi shall have exclusive jurisdiction in any proceedings arising out of this agreement.

• The delivery of products will take a minimum of 15 working days as customizing & packaging require a lot of time from sellers.

• In case of any delay in delivery, Softberry will not be responsible for any delay as delivery is taken care of by the logistics department.

Grievance Officer: In accordance with the Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are published herewith:

Grievance and Nodal Officer

Mr __________________________

(Manager)

Softberry Technology Private Limited

Address: 2nd Floor, 108-CB, Scheme 140, Indore 452016 MP India

CIN No. - ____________________________

E-mail ID -grievance@softberry.in