Terms and Conditions
WELCOME TO WISTAR CORPORATION AND THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT BECAUSE, BY ACCESSING THIS WEBSITE, BY PLACING AN ORDER WITH US BY THROUGH THIS WEBSITE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO DELIVER TO YOU.
By placing an order with Wistar Corporation by online, you agree to the terms of this Agreement (the “Agreement”) which shall cover the terms of our deliveries to you and your use of our website.
This Agreement is between you and Wistar Corporation (the “Company”) that states the terms and conditions under which you may use the Site and receive deliveries from us. Wistar Corporation is the owner of the following trademarks: Wistar Corporation, http://www.groceryplus.com This Agreement is binding on you whether you purchase from us via the our website.
- SERVICES OVERVIEW :- As part of the Access and registration process on the Site, Wistar Corporation may collect the following personally identifiable information about you i.e. Name including first and last name, alternate 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 site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
- ELIGIBILITY :- Services of the Site would be available to only select geographies in Pune Maharashtra. 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 Site. If your age is below 18 years your parents or legal guardians can transact on behalf of you. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.
- LICENSE & SITE ACCESS :-Wistar Corporation grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Wistar Corporation. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Wistar Corporation. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Wistar Corporation and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing the Site’s or Wistar Corporation name or trademarks without the express written consent of Wistar Corporation. Any unauthorized use terminates the permission or license granted by Wistar Corporation.
- OUR DELIVERY SERVICE:- When you place an order, we use all reasonable efforts to deliver to you at the time of your choosing or within 1 to 4 hour on the day of your arrival. Once you place your order by online, we will act as bailee for the ordered products. You can modify an existing order within 30 minute by online.
- Please note that we reserve the right to refuse service to anyone. We reserve the right to change the cost of deliveries and/or our delivery fees at any time.
- PRICE AND AVAILABILITY :-All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery not additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
To receive delivery, you do not need to be present to receive your order from our driver. In the case of bad weather or unforeseen delivery complications, deliveries may be delayed. We will make every effort to get your groceries to you by 7:00 pm on the date of your arrival.
Your order will arrive with an invoice that will list all of the items you have received and were billed for. If something is missing from your order, please call us so that we can do everything reasonable in our power to ensure your satisfaction. In the case where you fail to pay for the products ordered, you agree to forfeit to the Company any right, title, or interest you may have in the products.
Product information contained on the website or in our advertisements is offered as a convenience and should not be deemed as accurate. Information contained on the website or in our advertisements should not be used by you to evaluate ingredient information, nutritional values, or potential food allergies. The Company assumes no responsibility for such information.
- PAYMENT:-We accept only online banking, credit/debit cards, online app. In the event your Payment is declined, we reserve the right to collect funds for any uncollected transactions owed us should a payment made via online banking, credit/debit cards, online app be declined. If you fail to pay any fees or charges when due, we may charge such amount directly to the online banking, credit/debit cards, online app identified in your Customer Account Information and we may suspend or terminate your access to our Service. You shall be responsible and liable for any fees, including but not limited to attorney’s fees and collection costs, that we may incur in our efforts to collect any unpaid balances from you. From time to time, we may permit you to order and receive products from businesses that we don’t use on a regular basis. In such instances, we act only as the link between you and such businesses. The purchase, payment, warranty, guaranty, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. We make no representations or warranties of any kind, express or implied, regarding the merchandise received from these businesses and the fact that we make such products available should not be construed as an endorsement of these businesses or the products they provide.
- CANCELLATION BY SITE / CUSTOMER:-You as a customer can cancel your order up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case it is sole discretion of Wistar Corporation to accept the cancellation, in case Wistar corporation accept the cancellation, Wistar Corporation will issue a credit note for the value of the Cancellation products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
- RETURN & REFUNDS :-We have a “no return and refund policy”. In the event the products are not accepted by the Customer due to any wrong / damaged products dispatched, then the same shall be replaced by the us at no extra cost to the aggrieved customer. Further there is anther option that We will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills.
- YOU AGREE AND CONFIRM:-
i. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Wistar Corporation for redelivery shall be claimed from you.
ii. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
iii. You will provide authentic and true information in all instances where such information is requested of you. Wistar Corporation reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
- You authorize Wistar Corporation to contact you for any transactional purposes related to your order/account.
- That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
- That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
vii. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
YOU MAY NOT USE THE SITE FOR ANY OF THE FOLLOWING PURPOSES:-
- Disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
- 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.
- Gaining unauthorized access to other computer systems.
- Interfering with any other person’s use or enjoyment of the Site.
- Breaching any applicable laws;
- Interfering or disrupting networks or web sites connected to the Site.
- Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
- You agree not to engage in unacceptable use of our service, site, or systems. Among other things, you agree not to: (i) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (ii) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (iii) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property rights of any person; (iv) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (v) interfere with, disrupt, or attempt to gain unauthorized access to other accounts; (vi) disseminate or transmit viruses, or any other malicious code or program; or (vii) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement.
- COLOURS:-We have made every effort to display the colours of our products that appear on the Website as accurately as possible. However, as the actual colours you see will depend on your monitor, we cannot guarantee that your monitor’s display of any colour will be accurate.
- MODIFICATION OF TERMS & CONDITIONS OF SERVICE:-Wistar Corporation may at any time modify the Terms & Conditions of Use of the Website without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions 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 & Conditions of Use of this Site.
- GOVERNING LAW AND JURISDICTION:-This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Pune shall only have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Wistar Corporation and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 2019 as amended from time to time. The arbitration shall be held in Pune. The High Court of judicature at Mumbai alone shall have the jurisdiction and the Laws of India shall apply.
- REVIEWS, FEEDBACK, SUBMISSIONS:-All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the “Comments”) shall be and remain the property of Wistar Corporation. Such disclosure, submission or offer of any Comments shall constitute an assignment to Wistar Corporation of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Wistar Corporation owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Wistar Corporation will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. Wistar Corporation is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of “spam”. Wistar Corporation does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant Wistar Corporation the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify Wistar Corporation and its affiliates for all claims resulting from any Comments you submit. Wistar Corporation and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- COPYRIGHT & TRADEMARK:-Wistar Corporation expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Wistar Corporation or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to Wistar Corporation. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of Wistar Corporation. You may not modify, distribute or re-post anything on this website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Wistar Corporation, its affiliates, its partners. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Wistar Corporation endorsement, sponsorship or recommendation of the third party, information, product or service. Wistar Corporation is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Wistar Corporation and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by Wistar Corporation, one of its affiliates or by third parties who have licensed their materials to Wistar Corporation and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of Wistar Corporation and is also protected by Indian and international copyright laws.
- OBJECTIONABLE MATERIAL :-You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Wistar Corporation and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
- INDEMNITY:-You agree to defend, indemnify and hold harmless Wistar Corporation, its Partners, employees, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Wistar Corporation or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
- WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION:-You expressly agree that use of our service, the site, and the internet is entirely at your own risk. Our service, the site, and its contents are provided on an “as is”, “as available” basis. To the extent permitted by applicable law, we disclaim all representations and warranties of any kind, whether express or implied, including, without limitation, the warranties of merchantability or fitness for a particular purpose, with respect to our service, the site, or its contents or with respect to any information, services, and products provided through or in connection with our service; we do not adopt any representation or warranty of any manufacturer or merchant of any such information, service, or products. We make no representations or warranties of any kind as to the availability, accuracy, or content of any information, services, or products obtained through the site or the service. We do not warrant that the functions provided by the site will be uninterrupted or error free, or that this site or the server that makes it available is free from viruses or other harmful components.
- Neither the Wistar Corporation nor any of its owners, employees, affiliates, agents, representatives, third-party information providers, merchants, or licensors shall be liable for any damages of any kind, including, without limitation, compensatory, direct, indirect, special, incidental, consequential, or punitive damages; loss of data, income, or profit; or loss or damage to property, arising out of or in connection with the use of our service, or the inability to use, the site, the resort delivery service, or the internet. The material in the Site is provided for lawful purposes only. You agree to defend, indemnify, and hold Wistar Corporation harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney’s fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.
- TERMINATION:-This User Agreement is effective unless and until terminated by either you or Wistar Corporation. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Site. Wistar Corporation may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Wistar Corporation. Upon any termination of the User Agreement by either you or Wistar Corporation, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Wistar Corporation right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
- MISCELLANEOUS:-This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Wistar Corporation may suspend or terminate this Agreement or the Wistar Corporation Service or remove or disable access to any portion of our service at any time for any reason with or without notice to you. If you do not agree with the terms of this Agreement, you may terminate your acceptance by emailing us at email@example.com and by no longer accessing our website. Wistar Corporation reserves the right to collect fees and charges incurred before you cancel your service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.
- NOTICES:- We may give notice to you of a change in this Agreement and any other matter through a general posting on the Wistar Corporation Site, or other means determined by the Wistar Corporation.
- FUTURE AMENDMENTS:- Wistar Corporation may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective at the time they are initially posted on our Site. By accessing this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. Customers who prefer to place order by online agree to be bound by the terms of this Agreement, as amended from time to time. In all cases, as a condition of making deliveries to you, you agree to review this Agreement from time to time.