Introduction and Terms of Use
The terms and conditions contained hereinafter ("Terms of Use") shall apply to the use of Ninjacart (“Ninjacart” or "we" or "our"), a trade name owned and managed by 63Ideas Infolabs Private Limited. Ninjacart is an application in Apple & Android Store that facilitates users registered on Ninjacart, to buy fresh fruits and vegetables across cities in India ("Services"). Any person logging on to or using Ninjacart (even when such person does not make any purchase from Ninjacart) ("User" or "you") shall be presumed to have read these Terms of Use (which includes the Privacy Policy, separately provided on Ninjacart) and unconditionally accepted the terms and conditions set out herein and this constitutes a binding and enforceable agreement between the User and Ninjacart ("Agreement"). This Agreement does not alter in any way the terms or conditions of any other written agreement you may have with Ninjacart for other services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of Ninjacart. To the extend applicable, this Terms of Use shall apply to the website of Ninjacart and its visitors as well.
Membership Eligibility
Use of Ninjacart is available only to such 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 Ninjacart. If you are a minor i.e. under the age of 18 years, you shall not register as a User of Ninjacart and shall not transact on or use Ninjacart. As a minor if you wish to use or transact on Ninjacart, such use or transaction may be made by your legal guardian or parents on Ninjacart. Ninjacart reserves the right to terminate your membership and / or refuse to provide you with access to Ninjacart if it is brought to Ninjacart's notice or if it is discovered that you are under the age of 18 years. By accepting these Terms of Use, the User irrevocably declares and undertakes that he/she is of legal age i.e. 18 years or older and capable of entering into a binding contract and such usage shall be deemed to form a contract between Ninjacart and such User to the extent permissible under applicable laws.
Account and Registration Obligations
If you use Ninjacart, you shall be responsible for maintaining the confidentiality of your account and password and shall be responsible for all activities that occur in or throughout your account. We will not be liable to any person for any loss or damage which may arise as a result of any failure by you to protect your password or account. You should take all necessary steps to ensure that the password is kept confidential and secure. In case you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner, you should inform us immediately at queries@ninjacart.com. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, we shall have the right to indefinitely suspend or terminate or block access of your membership on Ninjacart and refuse to provide you with access to Ninjacart.
You also agree and confirm that you will:
(i) provide accurate, current and complete information whenever prompted by Ninjacart or when required by the Ninjacart's registration form (“Registration Data”).
(ii) provide information about and/or access to your social accounts to enable us to use such information solely for the purpose of providing services to you.
(iii) maintain and promptly update the Registration Data to keep it accurate, current and complete at all times. We reserve the right to confirm and validate the information and other details provided by you at any point of time. If you provide any information that is untrue, inaccurate, incomplete, or not current or if we have reasonable grounds to suspect that such information is not in accordance with the Terms of Use (whether wholly or in part thereof), we reserve the right to reject your registration and/or indefinitely suspend or terminate your membership and to refuse to provide you access to Ninjacart.
(iv) in order to ensure that we are not violating any right that you might have in your Registration Data, grant to us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights (but no other rights) that you have in the Registration Data, in any media now or in future known, with respect to your Registration Data solely to enable us and our service partners to use such Registration Data you have supplied to us.
Communications
When you use Ninjacart or send emails or other data, information or communication to us, you agree and understand that you are communicating with us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.
When you visit Ninjacart or send e-mails to us, you are communicating with us electronically. You will be required to provide a valid phone number while placing an order with us. We will communicate with you by e-mail, phone calls, SMS or by posting notices on Ninjacart. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Notwithstanding anything contained in this Agreement and subject to applicable laws, you consent to receive communications (including transactional, promotional and/or commercial messages), from us with respect to your use of the website and/or your order placed on Ninjacart.
Indemnity and Release
You shall indemnify and hold harmless Ninjacart, and/or any of its officers, directors, agents, employees and representatives from any claim or demand, or actions including reasonable attorney's fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms of Use or any document incorporated by reference, or your violation of any applicable laws, rules, regulations or the rights of any third party.
You hereby expressly release Ninjacart and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the third-party and specifically waive any claims or demands that you may have in this behalf under any statute, contract or otherwise.
Privacy
In order to avail the Services from Ninjacart, you will need to provide Registration Data prior to getting registered. As an account holder you are required to provide Ninjacart with accurate personal information. Any personal information collected by Ninjacart shall not be disclosed to any third party unrelated to Ninjacart unless such a disclosure is authorized or required by law, or you have expressly consented to such a disclosure. However, by accepting the terms and conditions, you grant Ninjacart an unconditional right to share your personal information with Ninjacart partners, affiliates, employees and agents for administrative purpose. You are requested to review the Privacy Policy before using Ninjacart. If you have any objection to the terms of our Privacy Policy, you are requested not to use Ninjacart.
Credit Cards/ Financial Wallets / UPI/ Banking A/c No or any other Financial Information.
You agree, understand and confirm that the financial details provided by you for availing of Services of Ninjacart will be correct and accurate and you shall not use any financial payment option which is un-lawfully owned by you or outside the purview of the law of the country of India. Thus, you must not pay or attempt to pay for Services using fraudulent financial information and through illegal payment option as per law of India. You further agree and undertake to provide the correct and details to Ninjacart.
Further the said information will not be utilized and shared by Ninjacart with any third parties unless required for fraud verifications or by law, regulation or court order. Ninjacart will not be liable for any kind of financial fraud. The liability for use of a financial payment option will be on you and the onus to 'prove otherwise' shall be exclusively yours.
User Liability
The User, by the act of logging onto Ninjacart is deemed to have consented to and has expressly/impliedly and irrevocably authorized Ninjacart to use, reveal, analyze, display or transmit all information required by Ninjacart. The User represents and warrants that all the information provided by him/her are true, correct and complete and if such information is found to be untrue, incorrect or incomplete, Ninjacart has the right to take any action it deems appropriate in relation to the particular circumstances without any limitations.
Representations, Warranties and Covenants
You shall not, directly or indirectly attempt to gain unauthorized access to Ninjacart, other Users' account(s), computer systems and/or networks connected to Ninjacart through hacking, phishing, password mining and/or any other means (whether now known or hereafter developed or invented) or obtain any material or information through any means not intentionally made available to User.
You understand and undertake that you shall be solely responsible for the Registration Data and undertake to not host, display, upload, modify, publish, transmit, update or share any information that:
(I) belongs to another person and to which you do not have any right to;
(II) is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, seditious, 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;
(III) harms minors in any way;
(IV) infringes any patent, trademark, copyright or other proprietary rights of any person anywhere in the world;
(V) violates any law for the time being in force;
(VI) deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
(VII) impersonates another person;
(VIII) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
(IX) 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 insulting to any other nation;
(X) creates liability for Ninjacart or causes Ninjacart to lose (in whole or in part) the services of Ninjacart's ISPs or other service providers;
(XI) is in the nature of political campaigning, unsolicited or unauthorized advertising, promotional and/ or commercial solicitation, chain letters, pyramid schemes, mass mailings and/or any form of 'spam' or solicitation; or
Complaint against Objectionable Content
If you believe that any content on Ninjacart is illegal, offensive (including but not limited to material that has sexually explicit content or which promotes racism, bigotry, hatred or physical harm etc.), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libellous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or friendly relations with foreign States; or objectionable or otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses, (“Objectionable Content”), please notify us immediately on queries@ninjacart.com. We will take reasonable steps to ensure that such Objectionable Content complained about is reviewed and removed (if required) within a reasonable time.
Intellectual Property Rights
The information, content and compilation provided in Ninjacart is our exclusive property and is protected under the applicable Indian and international intellectual property laws. No person shall use, copy, transmit, reproduce, publish, modify, distribute any contents of the website or any part thereof without our express written permission. Further, without the express written consent of Ninjacart, no person shall create and/ or publish his/her own database that features substantial (e.g. prices and product listings) portions of the contents of Ninjacart.
Intellectual Property Claims
Ninjacart respects the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please bring it to our notice by sending an email at queries@ninjacart.com. We will envisage to address your concerns and take necessary steps, if required.
required. Alteration of Service or Amendments to the Conditions
We reserve the right to make changes to Ninjacart, its policies and these Terms of Use at any time. You will be subject to the policies and Terms of Use in force at the time that you use Ninjacart. If any of these terms are deemed invalid, void, or for any reason unenforceable, that term will be deemed severable and will not affect the validity and enforceability of any remaining condition of this Terms of Use.
Waiver
Neither failure nor delay on the part of Ninjacart to exercise or enforce any right, remedy, power or privilege contained hereunder nor course of dealing between the parties shall operate as a waiver thereof, or of the exercise of any other right, remedy, power or privilege. No part of these Terms of Use shall be deemed waived, and no breach consented to, unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No waiver of any rights or consent to any breaches shall constitute a waiver of any other rights or consent to any other breach.
Limitation of Liability
In no event shall Ninjacart be liable for any special, incidental, indirect or consequential damages of any kind in connection with these Terms of Use, even if the User has been informed in advance of the possibility of such damages.
Governing law and Jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of India (“applicable laws” or “laws”). The courts at Bengaluru, India shall have exclusive jurisdiction in relation to any proceedings arising out of or in connection with these Terms of Use.