This document is an electronic record and published in accordance with the provisions of the Information Technology Act 2000 and the rules thereunder and generated by a computer system and does not require any physical or digital signatures.
A. This website www.Treatz.in (Website) and mobile application ‘Treatz’ (App) (Website and App
collectively referred to as the “Platform”) is operated and managed by Rootez Technologies Private Limited. The term Company shall collectively and individually refer to each company which
operates and manages the Platform for undertaking retail business with respect to the respective
cities.
B. These terms of use (“Terms”) govern Your use of the Platform, and for the purpose of these Terms
the Company may wherever context so require, be also referred to as, “Treatz”, "We", "Us", or "Our"
and the terms “You”, “Your” or “User” refer to user of the Platform. We value the trust You place in
Us. That’s why, We maintain reasonable security standards for securing the transactions and Your
information.
C. Please read these Terms carefully before You use the Platform. If You do not agree to these
Terms, You may not use the Products and Services (defined hereinafter) on the Platform, and We
request You to uninstall the App. By even merely using/accessing the Platform, You shall be
contracting with Treatz and You signify Your acceptance to these Terms and other Treatz policies
(including but not limited to the cancellation & refund policy of the Company and published privacy
policy (‘Privacy Policy’)) as posted on the Platform and amended from time to time, which takes
effect on the date on which You use the Platform, and thereby create a legally binding arrangement
to abide by the same. Further, by furnishing Your personal information, You consent to Treatz
accessing Your personal information for the purpose of supplies, You also agree that You are
interested in availing the supplies through the Platform in accordance with these Terms.
D. Treatz retains an unconditional right to modify or amend these Terms. You can determine when
these Terms were last modified by referring to the “Last Updated” legend above. You can access the
latest version of these Terms at any given time on the Platform. You should regularly review the
Terms on the Platform. Your continued use of and access to the Platform shall be Your consent to
such changes. In the event the modified Terms are not acceptable to You, You should discontinue
accessing the Platform.
1. Products and Services
1.1. You acknowledge that the Platform allows You to purchase/avail the following Products/Services
including
1.1.1. a personal, limited, non-exclusive, non-transferable, and revocable privilege to access and
use the Platform for the purposes of purchasing select products including consumer goods such as
food items, grocery products (collectively, “Product(s)”) from the Company, sold on a business to
consumer (B2C) basis for personal consumption and not for resale. The Company does not provide
services such
as handling of Products, last mile delivery services including late night delivery and other
services (collectively, “Services") without purchase of Products on Platform and the fee may be
charged for the same.
1.1.2. promptly and efficiently responding to Your queries or issues relating to Your Account and
the supplies availed by You, using the Platform.
1.2. commercial use of the Platform or its Content (as defined below), in any manner. The Company
may, at its discretion, add, modify, or remove any of the Products and/or Services listed above from
time to time without notice. The Company may also make applicable, at its discretion, additional
terms and conditions specific to any category or section of Products in addition to these Terms and
Your purchase of any of such category or section of Products shall also be governed by such
additional terms and conditions. The Company reserves the right to provide the supplies in any area
or city in India, as may be determined by the Company in its sole discretion. Before applying or
registering for availing any of the supplies, we request You to please check if the supplies are
available in Your area or city. The Company provides last mile delivery of Products by itself. by
engaging third party pick-up and delivery service providers.
1.3. The Company does not: (i) adopt any ‘unfair trade practices’ either on the Platform or
otherwise with respect to the Products and Services; (ii) discriminate between Users of the same
class or make any arbitrary classification of the Users; or (iii) discriminate between the
third-party delivery service providers.
2. Eligibility to Use
2.1. The supplies are not available to minors i.e., persons under the age of
18 (eighteen) years, undischarged insolvent, or to any Users who are not competent to enter into a
contract under the Indian Contract Act, 1872, unless otherwise provided hereunder. You hereby
represent that You are: (i) of legal age to form a binding contract, (ii) not a person barred from
receiving the supplies from the Platform under the applicable laws; and (iii) competent to enter
into a binding contract. If You are under the age of 18, You shall use and access the Platform only
with the express consent of a parent or guardian and under their supervision.
2.2. You will not discriminate against third-party delivery service providers based on race,
religion, caste, creed, national origin, disability, sexual orientation, sex, marital status, gender
identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible
proof of such discrimination, including any refusal to receive supplies based on the above metrics,
whether alone or in conjunction with any other metric, shall render you ineligible, leading to
suspension of access to the Platform.
The said revocable privilege to access does not include/permit resale or You will not have any claim
towards, and we will not have any liability towards any suspension which
is undertaken as a result of the aforementioned event.
3. User Account, Password, and Security
3.1. In order to access the supplies on the Platform, You will have to register and create an
account on
the Platform by providing details as may be required in the Privacy Policy (“Account”). 3.2. You are
solely responsible for the information You provide to Us. You shall ensure and confirm that the
Account
information and all information provided by You is complete, accurate and up-to-date. If there is
any
change in the Account information, or if any information is found to be incomplete or incorrect, You
shall promptly update Your Account information on the Platform or request Treatz for information
revision or update. If the information provided by You is untrue, inaccurate, unauthorised, not
current,
or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Treatz reserves the
right
to refuse any and all the supplies, if Treatz has reasonable grounds to suspect that such
information is
untrue, inaccurate, not current, or incomplete.
3.3. You will be responsible for the confidentiality of the Account information provided and fully
responsible for all activities that take place on Your Account. You agree to immediately notify
Treatz of any unauthorised access of Your Account. You may be held liable to pay damages for losses
caused
due to unauthorised use of Your Account as a result of Your failure to keep Your Account information
secure and confidential.
4. Payment related Information
4.1. The information relating to the accepted payment methods on the Platform shall be displayed
during
the purchasing process.
4.2. To the extent permitted by applicable law and subject to the Privacy
Policy, You acknowledge and agree that the Company may use certain third-party vendors and service
providers, including payment gateways, to process payments and manage payment card information. The
Company can ensure such third-party vendors and service providers possess necessary licenses from
the appropriate authority.
4.3. In order to avail the supplies, You undertake to use and provide valid
bank
details or other details required for facilitating payment towards the supplies (“Payment Details”).
By providing the Payment Details, You represent, warrant, and covenant that: (a) You are legally
authorized to provide such Payment Details; (b) You are legally authorized to perform payments using
such
Payment Details; and (c) such action does not violate the terms and conditions applicable to Your
use of
such Payment Details or applicable law. You may add, delete, and edit the Payment Details You have
provided from time to time through the Platform.
4.4. Except to the extent otherwise required by applicable law, the Company is not liable for any
payments authorized through the Platform using Your Payment Details. Particularly, the Company is
not
liable for any payments that do not complete because:(a) Your bank account or any other payment did
not
contain sufficient funds to complete the transaction; (b) You have not provided the Company with
correct
Payment Details; (c) Your payment card has expired; or (d) circumstances beyond the Company’s
reasonable
control (such as, but not limited to, power outages, interruptions of cellular service, or any other
interferences from an outside force) which prevent the execution of the transaction.
4.5. The Company shall not be responsible for any unauthorised transactions conducted on the
Platform
using Your Payment Details. The Company shall not be obligated to refund any money to You in such
instances. 4.6. The payment facility provided by Company is neither a banking nor a financial
service
but is merely a facility providing an electronic, automated online electronic payment system, and
receiving payment on delivery for the transactions on the Platform using the existing authorized
banking
infrastructure and card payment gateway networks, as may be applicable. For some payment methods,
Your
issuer may charge You certain fees, such as transaction fees or other fees, relating to the
processing
of Your transaction.
5. Prices of Products
5.1. The ownership of the Products is transferred to You upon delivery of Products at the
address/location specified by You.
5.2. The prices of each of the Products may vary due to various factors and You may check the price
on the Platform before placing an order. By placing an order You agree to pay the prices mentioned
therein. All the Products listed on the Platform will be sold at Indian Rupees either at Maximum
Retail Price
(MRP) (inclusive of all taxes) or at a discounted price unless otherwise specified. The prices of
the Products may be modified from time to time. The Company endeavours to make available the
Products at
the best prices as possible on the Platform. There can be an unintended error with respect to the
Prices
and other information of the Products. You may bring it to Our notice of such errors and we shall
effect
necessary corrections.
5.3. The Users will be informed about all the charges, fees, and costs (including, delivery fee)
that may be levied on the purchase of the Products on the Platform at the checkout page during a
transaction. The Company does not manipulate the price of any Products offered on the Platform.
6. Delivery, delivery fee, other fee and delivery time
6.1. Last mile delivery services is part of sale of Products purchased by You on the Platform. The
Company shall provide delivery of the Products upon purchase during such time period as communicated
to You through the Platform. The Company endeavours to show the estimated delivery time for every
order, however, the Company does not guarantee the delivery within the said time, since the exact
delivery
time of each order may vary due to various factors such as availability of third party delivery
service
providers, demand, traffic and weather conditions, a force majeure event, etc,. Further, You can
check the estimated time of arrival (ETA), when You go to the homepage of the App even before
placing an
order, to ensure that You are aware of the ETA before proceeding with placing an order. You agree
that the Company reserves the right to charge You, fee for rain, peak hours and/or very high demand,
late
night fee, packing handling charges, convenience/platform fee, small cart fee, any other fee in
addition to the delivery fee towards the delivery of the orders, which you can see on the view bill
section
before check out page on the App.
6.2. The delivery of the Products will be made to the delivery address specified by You while
placing
the order for the Products on the Platform. You are solely responsible for providing a complete and
correct delivery address and, if applicable, further instructions for delivery. The Company shall
not be
responsible for any delay in delivering the order placed by You on the Platform caused due to the
incorrect or incomplete address provided by You.
6.3. The goods will ordinarily be delivered when an appropriate person is able to receive the order
at
the address provided by You. If You request to leave a delivery unattended at Your address, You
expressly disclaim the Company from all the liabilities which may arise by virtue of the Products
being
left unattended for a period of time. This includes but is not limited to theft, tampering,
contamination, and the result of any change in temperature of the items which need to be kept
chilled or
frozen.
7. Returns, Cancellations, and Refunds, 7.1 Returns
7.1.1 You may return the Product in an order, subject to the following, conditions:
7.1.1.1 wrong item being delivered other than what You had ordered in an order or
7.1.1.2 Items substantially damaged or deteriorated in quality at the time of delivery. You agree
that
You shall give Us all the requisite proofs including but not limited to images of Products having
issues.
7.1.2 return with the requisite proofs on the Platform. You may exchange or return the product by
contacting Our customer care also. IT IS HEREBY CLARIFIED THAT NO EXCHANGE OR RETURNS SHALL BE
ACCEPTED
IF THE PRODUCT PACKAGING IS OPENED OR PRODUCT IS USED/CONSUMED EITHER IN PART OR OTHERWISE.
7.1.3 You may request exchange or return the Products, purchased from Us provided the Products are
sealed/unopened/unused and in original condition and on the same day of delivery. Please note, the
requests for exchange or returns will not be accepted from the day following the day when We had
delivered the Product/s to You. We may request You to dispose off the Products for which We have
processed a refund.
7.2 Cancellations: You may cancel an order without charge at any time before the Company accepts the
order. You cannot cancel the order post acceptance of order by the Company. The Company may cancel
an
order (in full or partially) for the reasons including shortage or unavailability of certain
Products or
force majeure events. In case the Company cancels any order, You will not be charged for such
cancellations, and the Company will refund You for any payment already made.
7.3 Refunds:. Please be informed that when You opt to cancel or return the Products, upon our
verification of the Products and the documents relating thereto, the refund amount for such Products
which are eligible for return as per these Terms, will be processed within a period of seven (7)
business days from the date of us verifying and confirming the refund request. Your refund will be
processed only when the conditions as may be stipulated by Us are fulfilled. You acknowledge that
after
initiation of refund, it may take additional time for Your refund to reflect in Your account which
is
subject to Your financial institution or payment gateway service provider terms and conditions.
7.4 The terms for acceptance of returns, cancellation and refunds shall be subject to reasonable
additional conditions and shall be communicated to the User, from time to
You shall check the Products upon delivery and initiate exchange or time, through the push
notifications
on the Platform, or any other mode of communication as specified in these Terms or as determined by
the
Company.
8. User care:
8.1 The warranty and guarantee, if any, applicable to the Products shall be that of the manufacturer
and
You may directly reach out to the manufacturer through the customer care details made available on
the
Product packaging. The Company is merely a reseller and disclaims any liability with respect to the
manufacturing defects, quality, taste, performance of the Products sold.
8.2 You agree and understand that the Product images are representation of the Product and not
actual
image of the Product sold to You and You shall read the physical product label for the calorific and
nutrition value, using instructions, batch, manufacture date, content, weight, manufacturer and the
customer care details, as may be relevant, before consumption of the Products. WHILE EVERY
REASONABLE
EFFORT IS MADE TO MAINTAIN ACCURACY OF INFORMATION ON THE PLATFORM, ACTUAL PRODUCT PACKAGING, MAY
CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN WHAT IS SHOWN ON THE PLATFORM. IT IS RECOMMENDED TO
REFER
THE INFORMATION PRESENTED ON THE ACTUAL PRODUCT PACKAGING.
8.3 Company reserves its right to refuse to process transactions by Users with a prior history of
questionable transactions including without limitation breach of any agreements by User with Company
or
breach/violation of any law or any charges imposed by bank or breach of any policy without giving
any
reasons. Company may do such checks as it deem fit before approving the User's order for security or
other reasons at the discretion of Company. As a result of such checks, if the Company is not
satisfied
with the credibility of the User or genuineness of the transaction, it will have the right to reject
such an order. Company may delay the dispatch or cancel any transaction at its sole discretion, if
it is
suspicious of any User's authenticity or activity or if the User is conducting high transaction
volumes,
to ensure safety of the transaction.
8.4 Beware of fraud:
8.4.1. Please do not share Your debit/credit card number, CVV number, OTP, UPI/ATM pin and other
sensitive information with anyone claiming to be a Company representative. Company or its authorised
representatives will NEVER ask You to share the aforesaid details. Beware of fraudsters and please
report incidents immediately to Your bank, the nearest police station and at
https://cybercrime.gov.in/.
8.4.2. For assistance on a Treatz order or refund related issues, click on the ‘Get Help’ section on
the
App.
8.4.3. Please exercise caution to verify the portals/website links claiming to be Treatz or a
lookalike
or a payment link shared over social media or a social messaging apps claiming to be Treatz
discounts or
offers and proactive calls from unauthorised numbers requesting for personal/financial information.
9. Use of Platform
9.1. Subject to compliance with the Terms, the Company hereby grants You a
personal,
non-exclusive, non-transferable, limited, revocable privilege to access and use the Platform. You
agree
to use the Platform only: (a) for purposes that are permitted by the Terms; (b) in accordance with
any
applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the
supplies through the Platform. You agree not to engage in activities that may adversely affect the
use
of the Platform by the Company and/or other Users.
9.2. You agree that the Platform or any portion of the Platform shall not be reproduced, duplicated,
copied, sold, resold or otherwise exploited for commercial purposes.
9.3. You agree to not frame or utilise the framing techniques to enclose any trademark, logo or any
other proprietorship information of the Platform.
9.4. You agree not to access (or attempt to access) the Platform by any means other than through the
interface that is provided by the Company. You shall not use any deep- link, robot, spider or other
automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to
access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Platform, materials or any Content, to
obtain or attempt to obtain any materials, documents or information through any means not
specifically
made available through the Platform.
9.5. Further, You undertake not to host, display, upload, modify, publish, transmit, store, update
or
share any information that:
9.5.1. belongs to another person and to which the User does not have any right;
9.5.2. is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including
bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically
objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with
or
contrary to the laws in force;
9.5.3. is harmful to child;
9.5.4. infringes any patent, trademark, copyright, or other proprietary rights;
9.5.5. violates any law for the time being in force;
9.5.6. impersonates another person;
9.5.7. 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 cognisable
offence
or prevents investigation of any offence or is insulting other nation;
9.5.8. contains software virus or any other computer code, file or program designed to interrupt,
destroy, or limit the functionality of any computer resource;
9.5.9. is patently false and untrue, and is written or published in any form, with the intent to
mislead
or harass a person, entity, or agency for financial gain or to cause any injury to any person;
9.5.10. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems
resources, accounts, passwords, servers, or networks connected to or accessible through the Platform
or
any affiliated or linked sites;
9.5.11. violate the Terms contained herein or elsewhere; and
9.5.12. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish,
license, create derivative works from, transfer, or sell any information or software obtained from
the
Platform.
9.6. You shall solely be responsible for maintaining the necessary computer equipment, gadgets and
internet connections that may be required to access, use, and transact on the Platform.
9.7. You understand and acknowledge that by using the Platform or any of the supplies, You may
encounter
Content that may be deemed by some Users to be offensive, indecent, or objectionable, which Content
may
or may not be identified as such. You agree to use the Platform and any supplies at Your sole risk
and
that to the fullest extent permitted under applicable law. The Company shall have no liability to
You
for Content that may be deemed offensive, indecent, or objectionable to You.
10. Intellectual Property Rights
10.1 The Platform and the processes, and their selection and arrangement, including but not limited
to,all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any),
artwork
and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is
licensed to the Company and the design, structure, selection, coordination, expression, look and
feel and
arrangement of such Content is protected by copyright, patent and trademark laws, and various other
intellectual property rights.
10.2 The trademarks, logos and service marks displayed on the Platform (“Marks”) are the licensed
property of the Company or owned by third parties. You are not permitted to use the Marks without
the
prior consent of the Company or the relevant third party (which is the owner of the Marks)
respectively
. Access or use of the Platform does not authorise any party to use trademarks, logo, or any other
mark
in any manner.
10.3 The Company disclaims to hold any right, title, or interest in and to the intellectual property
rights arising out of or associated with the Products.
10.4 References on the Platform of any name, mark, services or products of third parties has been
provided after the express consent of such third party for Your convenience, and in no way
constitutes
an endorsement, sponsorship or recommendation, whether express or implied.
11. Disclaimer of Warranties & Liability
11.1 You expressly understand and agree that, to the maximum extent permitted by applicable law:
11.1.1 The Platform and other Content are provided by the Company on an “as is” basis without
warranty
of any kind, express, implied, statutory, or otherwise, including the implied warranties of title,
non-infringement, merchantability, or fitness for a particular purpose. Without limiting the
foregoing,
the Company makes no warranty that the Platform or supplies will meet Your requirements, or Your use
of
the Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether
oral or written, obtained by You from the Company shall create any warranty not expressly stated in
the
Terms.
11.1.2 Company will not be liable for any loss that You may incur as a consequence of unauthorized
use
of Your Account or Account information in connection with the Platform either with or without Your
knowledge. 11.1.3 Company has endeavoured to ensure that all the information on the Platform is
correct,
but the Company neither warrants nor makes any representations regarding the quality, accuracy or
completeness of any data, information regarding the supplies or otherwise. The Company shall not be
responsible for the delay or inability to use the Platform or related functionalities, the provision
of
or failure to provide functionalities, or for any information, software, functionalities, and
related
graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether
based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not
be
held responsible for non-availability of the Platform during periodic maintenance operations or any
unplanned suspension of access to the Platform that may occur due to technical reasons or for any
reason
beyond the Company’s reasonable control.
11.2 image on the Platform as accurately as possible. However, the actual colours of the Products
You
see will depend on Your monitor or device, and the Company does not provide any guarantee in respect
of
such display and will not be responsible or liable for the same.
11.3 The Company makes no representation that the Content on the Platform is appropriate to be used
or
accessed outside the Republic of India. Any Users who use or access the Platform from outside the
Republic of India, do so at their own risk and are responsible for compliance with the laws of such
jurisdiction.
11.4 The Terms do not constitute, nor may the Terms be used for or in connection with any
promotional
activities or solicitation by anyone in any jurisdiction in which such promotional activities or
solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
12. Indemnification and Limitation of Liability
12.1 You agree to indemnify, defend and hold harmless Treatz and its affiliates including but not
limited to its (and its affiliates’) officers, directors, consultants, agents, representatives and
employees; and its third party partners (“Indemnitees”) from and against any and all losses,
liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted
against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue
of,
any breach or non-performance of any representation, warranty, covenant or agreement made or
obligation
to be performed by You pursuant to these Terms and/or the Privacy Policy. Further, You agree to hold
the
Indemnitees harmless against any claims made by any third party due to, or arising out of, or in
connection with, Your use of the Platform, any misrepresentation with respect to the data or
information
provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable
laws, or Your violation of any rights of another, including any intellectual property rights.
12.2 In no event shall the Company and its directors, officers, partners, consultants, agents, and
employees and its third party partners, be liable to You or any third party for any special,
incidental,
indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your
use
of or access to the Platform or Content on the Platform.
While the Company has made best efforts to display the colours of the Product
12.3 The limitations and exclusions in this Section apply to the maximum extent permitted by
applicable
laws.
13. Violation of these Terms
13.1 You agree that any violation by You of these Terms will likely cause irreparable harm to the
Company, for which monetary damages would be inadequate, and You consent to the Company obtaining
any
injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These
remedies are in addition to any other remedies that the Company may have at law or in equity.
14. Suspension and Termination
14.1 The Terms will continue to apply until terminated by either You or the Company as set forth
below.
If You object to the Terms or are dissatisfied with the Platform, You may(i) close Your Account on
the
Platform; and/or (ii) stop accessing the Platform.
14.2 The Company may disable Your access or block Your future access to the Platform or suspend or
terminate Your Account if it believes, in its sole and absolute discretion, that You have violated
any
term of these Terms or the Privacy Policy or in any way otherwise acted unethically. Notwithstanding
anything in this Clause, all terms which by their nature are intended to survive such termination,
will
survive indefinitely unless and until the Company chooses to terminate them.
14.3 Any such termination under clause 14.1 and 14.2 above shall not cancel Your obligation to pay
for a
Product purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and
relates to the period, prior to termination.
14.4 You shall be liable to pay any fees or charges, if applicable in respect of the supplies until
the
date of termination by either party whatsoever.
15. Governing Law and Jurisdiction
15.1 These Terms shall be governed by and constructed in accordance with the laws of India without
reference to conflict of laws principles and disputes arising in relation hereto shall be subject to
the
exclusive jurisdiction of courts at Chennai, India.
16. Grievance Redressal Mechanism
16.1 Grievance Handling:
16.1.1 For any order related issue, You may first reach out to Us via chat support on the App for
real
time basis resolution.
16.1.2 You may also write to Us at hello@justTreatz.in and We will strive to resolve Your order
related
grievance within the timelines prescribed under applicable laws. 16.1.3 If You still have any
grievances, or complaints or concerns with respect to the Platform or order or are not satisfied
with
the resolution, the Content, or the supplies, You can contact the designated Grievance cum Nodal
Officer
of the Company, can be accessed [here]. Details of the Grievance cum Nodal Officer is provided in
compliance of (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer
Protection (E-Commerce) Rules 2020, as amended time to time.
16.2 The Grievance Officer of the Company shall endeavour to acknowledge the User grievances, or
complaints or concerns with respect to the Platform, the Content, or the supplies, within 48 hours
of
receipt of the same and shall endeavour to redresses the same at the earliest and in no event later
than
30 (thirty) days of receipt of such request. By lodging a complaint or grievance, You agree to
provide
complete support to the Grievance Officer and such reasonable information as may be sought by them
from
You.
17. Communications
17.1 You hereby expressly agree to receive communications by way of SMS, telephone or VOIP calls,
messaging app like WhatsApp on the registered mobile phone number /or electronic communications like
e-mails from the Company and other third parties duly authorised by the Company. You hereby
expressly
consent to the monitoring and recording, by the Company of any and all communications between You
and
the Company or its agents, employees, consultants, contractors, or representatives of the Company or
of
their authorised partners, and such monitoring or recording waives any further notice or consent
requirement under the applicable laws.
17.2 You can unsubscribe or opt-out from receiving communications from the Company. In which case,
the
Company will only send communications solely required for the purposes of availing the supplies by
You.
18. General Provisions
18.1 Notice: All notices from the Company will be served by email to Your registered email address
or by
messaging app on the registered mobile phone number or by general notification on the Platform.
18.2 Assignment: You cannot assign or otherwise transfer any rights granted hereunder to any third
party. The Company’s rights under the Terms are freely transferable by the Company to its successor
or
any third party without the requirement of seeking Your consent.
18.3 Severability: If, for any reason any provision of the Terms, or any portion thereof, to be
unenforceable, that provision shall be enforced to the maximum extent permissible so as to give
effect
to the intent of the parties as reflected by that provision, and the remainder of the Terms shall
continue in full force and effect. 18.4 Force Majeure: The Company and/or the Platform shall not be
liable to You for its failure to perform or for delay in providing You access to Your Account or to
the
Platform or any supplies thereof, to the extent such failure or delay results from causes beyond its
reasonable control, including, without limitation, acts of God, fires, explosions, wars or other
hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic,
epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or
controls
or a failure by a third party hosting provider or internet service provider or on account of any
change
or defect in the software and/or hardware of Your computer system.
19. IP Infringement
19.1 If You believe the Platform violates Your intellectual property, You must promptly notify the
Company in writing at hello@justTreatz.in. These notifications should only be submitted by the owner
of
the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim
by
You may result in the termination of Your access to the Platform.
19.2 You are required to provide the following details in Your notice:
19.2.1 the intellectual property that You believe is being infringed with proof of Ownership;
19.2.2 the item that You think is infringing and include sufficient information about where the
material
is located on the Platform;
19.2.3 a statement that You believe in good faith that the item You have identified as infringing is
not
authorized by the intellectual property owner, its agent, or the law to be used in connection with
the
Platform;
19.2.4 Your contact details, such as Your address, telephone number, and/or email;
19.2.5 a statement, under penalty of perjury, that the information You provided in Your notice is
accurate, and that You are the intellectual property owner, or an agent authorized to act on behalf
of
the intellectual property owner whose intellectual property is being infringed; and
19.2.6 Your physical or electronic signature.
19.2.7 Please note: Company shall not consider an incomplete request.
20. Advertisements
20.1. As part of the supplies provided by Us; We may facilitate and allow third party advertisers
(“Third Party Advertisers”) to place advertisements on the Platform. You understand that any content
put
out by Third Party Advertisers is not edited, reviewed or otherwise endorsed by the Company and we
disclaim to the fullest extent permitted by law any liability for the content published by the Third
Party Advertisers.
20.2. To the extent You are a Third Party Advertiser You understand that in addition to these Terms
You
will also be required to agree to the Company’s policies and other contractual agreements that You
will
need to execute for placing Your advertisement. As a general principle the content in the
advertisements
should not be misleading or in violation of applicable law or guidelines issued by the Advertising
Standards Council of India or any other self-regulating body. You also acknowledge that we have the
sole
right at our discretion to remove any Third Party Advertisement or require You to prove factual
substantiation if we are of the view that it is in violation of applicable law or any
self-regulating
industry body guidelines or is otherwise misleading.
20.3. If You are of the view that the content of a third party advertiser is inappropriate or in
violation of applicable law, please write to us at the email address provided above.