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Terms & Conditions

BEGINVIYANT ENTERPRISES LLP (“BE”) is the owner of www.beviyant.com (“The Website”).  This is an internet-based retail offline and online portal basically based to provide best services of home essentials of vegetables and fruits to the customer under the laws of India.  The website is fully owned and operated by BE, a Limited Liability Partnership firm having its address at “B-3, GAUTAM SAMTA SEVA SANGH, BEHIND COMMUNITY HALL, GOVT. COLONY, BANDRA (EAST), MUMBAI – 400051.

The Company holds a FSSAI License Registration Certificate, Bearing No.: 21519020001625.

It is strongly recommended that you read and understand these ‘Terms & Conditions of Use’ carefully, as by accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). If you do not agree with this User Agreement, you should not use or access the Website for any purpose whatsoever.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Website, each time you access and/or use the Website.

For the purpose of these Terms of Use, wherever the context so requires “You”, “Your”, “User” or “Customer” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems.  The users are required to register on our website to purchase on the Website.  The term “We”, “Us”, “Our”, “Company” or “BE” shall mean Beginviyant Enterprises LLP.

Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at contact@beviyant.com

Introduction
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provision pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record does not require any physical or digital signature. This document is published in accordance with the provision of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access and usage of www.beviyant.com.

These Terms and Conditions shall be effective and binding on registered users as well as guest users on your acceptance of the following terms and conditions, rules & regulations, privacy policies and returns. BE may amend Terms and Conditions and/or Rules and Policies as and when required and necessary as per amended laws of India. 

Customer Registration and Privacy Policy

The website provides for registration process to serve its Customer better and may now or in the future collect the following personally identifiable information to serve you better:

Name including first and last name;

Email address & Alternate Email address;

Mobile phone numbers and contact details;

Postal Pin code;

Personal demographic profile like your age, gender, occupation, location, education, address

Bank details etc.,

By completing the registration or placing an order, the Customer agrees to receive promotional and transactional communication, text messages, mobile notifications, phone calls and newsletters. The Customer can opt out by contacting the customer service at contact@beviyant.com. We will never sell or provide your information to third party companies or outside agencies for commercial purposes. However, the website may contain links to other websites that we do not manage directly such as Google Analytics used to understand and optimize user behavior. BE shall not be responsible for the privacy policies of such external websites.

These Terms and Conditions shall be effective and binding on registered users as well as guest users on acceptance of the following terms and conditions, rules & regulations, privacy policies and returns. BE may amend Terms and Conditions and/or Rules and Policies as and when required and necessary as per amended laws of India.

PART I: RULES & REGULATIONS

 

Sign-Up Eligibility:

BE Terms and Conditions for acceptance are available to persons who are eligible to enter into contracts under The Indian Contracts Act, 1872. According to The Indian Contract Act, 1872 persons who are minor, lunatic, unsound minded and insolvents etc. are incompetent and are restricted to enter into any type of contracts. A criterion to enter into any type of contract is minimum 18 years an above or any legal guardian/parent of the minor shall register as a user on behalf of the minor. Under any circumstances if it is discovered or brought to BE’s notice that you are under the age of 18 years, BE has full right to cancel and terminate your existing registration. No registration will be given if you are registering as a business entity or representing on behalf of your company until and unless you satisfy BE with documentary proof or evidence of your authorization by your business entity to accept this Terms and Conditions and authorized to bind that business entity to this Terms and Conditions.

Therefore, any person can sign up for services provided he or she is competent to enter into a contract. Section 11 of the Indian Contract Act, 1872 specifies that every person is competent to contract provided he or she has attained the age of 18 years, is of sound mind and not disqualified from contracting by any other law to which he or she is subject to.

Account and Registration Obligations

On acceptance of this Terms and Conditions as a user, you will be fully liable for the confidentiality and safety of your created user id and password. On acceptance of this Terms and Conditions as a Guest User, you will be fully liable for confidentiality and safety of your email id and phone/cell number. It will be your responsibility to restrict to access your computer and computer system/network. You agree to take full responsibility for all activities that may occur under your user id, password, email id and phone/cell number as the case may be. You agree to provide true, accurate, current and complete information about yourself such as name, address, age, gender, contact number etc. whenever prompt by BE. It is suggested by BE that you should give full and complete address with proper pin code of the state to avoid returns and penalty charges. Please do note that courier companies charge penalty for incorrect shipping addresses, wherein the address or pin code do not match. Such type of charges and penalties will be paid by you and not BE to the courier company. You agree that charges of re-shipment of the same order will be payable by you. Rectification/change of address will only be allowed before ordering/dispatch of your order. Once your order is dispatched rectification/change of address will not be granted. If you provide any information that is untrue, incomplete, inaccurate, misrepresented and on such suspect and grounds that such information provided by you is untrue, incomplete, inaccurate, misrepresented BE has full right to terminate, block your access to the website and shall cancel this Terms and Conditions as well as your registration.

Terms of Site access

BE grants customers limited access rights for personal use on this site and not to download (other than page caching) or edit any portion of it.  The access to this site is for personal use of the Customer and not for any commercial use or to access its contents to collect and use of product listings, descriptions, or prices; any derivative use of this site or any use of data mining, robots, or similar data gathering and extraction tools. No portions of this site may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of BE. 

Further no Customer is authorized to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Website without express written consent.  Any unauthorized use automatically terminates the permission granted by BE.

Electronic Communications

You agree to receive any communications via electronic method from BE periodically and as and when required. You also agree and able to understand the mode of communication will be through electronic records.

PRICING

Prices of all products are described on BE and are incorporated into these Terms by reference. Prices, products and services may change as per BE’s discretion.  Prices displayed for all the products on www.beviyant.com exclude GST. The prices of all products mentioned at the time of ordering will be charged on the date of the delivery.

 

ORDER CANCELLATION 

A Customer can opt to cancel order upto delivering of placed order to his/her by calling our customer service phone number 022 3557 5602 and receive refund of advance paid if any.  BE reserves the right to cancel any order if it suspects any fraudulent transaction by a Customer or breaches the terms & conditions of using the website.

RETURN, REPLACEMENT & REFUNDS 

BE believes in Centum Customer satisfaction and “No questions asked return and refund policy” for issues relating to quality, quantity or freshness of its supplies. For any reason if customer is not completely satisfied with our products, Beginviyant Enterprises LLP “BE” will refund the money or replace the products based on customer’s satisfaction.  Refunds will be processed within 24 hours and will be credited to the customer wallet within 24 – 48 hours and mode of refund will be same through which the original payment was made to us.

To make your shopping easy our terms of return policy assists you, when due to some unforeseen situation you are not happy with the product/item purchase. The following terms of return policy is applicable to resolve and improve the situation. Special care is taken for every purchase of you to avoid the implementation of the following terms of this return policy. More than one check method is followed by our team before your product/item is/are dispatched to avoid unnecessary harassment and dissatisfaction to you.

  1. Execution of the terms of this policy is required only when an unintentional situation occurs such as:

If you have received a damaged product/item;

Received product/item was not what you ordered or not included in your package;

If it was misrepresented on our website;

If any one item/accessory not received in a packed box what you ordered.

  1. Non-Replacement Category or Products/Items which will not be replaced:

If the product/item is/are sent back to us prior any permission granted or instructions given to you by our team.

If the price tag is removed or cut which is attached to the product/item, removal or lost of price tag will not be considered for replacements.

If the product/item which is/are worn, washed, used, altered or modified shall not be replaced in any condition whatsoever.

  1. Product/Item in a package availability failure:

In case you have paid for a product/item which is unavailable to deliver you may select any other option of your choice of same amount and if alternate option is not according to your desire then the amount will be fully refunded to BE wallet for non-delivered of goods and services within 24 – 48 hours and mode of refund will be same through which the original payment was made to us.

SERVICES AND FEES STRUCTURE:

There are no fees charged for Registration/Sign up and to access the website. BE reserves full right to charge fees on several additional services and may its discretion introduce new services or all the existing services offered on the website. You agree and shall make the payments of these invoices in the name of Beginviyant Enterprises LLP. Your payment to BE with full compliance of all applicable laws shall be sufficient to discharge you from your obligations towards BE regarding payment against raised invoices.

You agree and shall be responsible of all applicable laws in India to make payments to BE including those members residing in India all well as members residing outside the territory of India. The website provides various types of services through the website which enables users to purchase vegetables and fruits as of now but in future customers can purchase basic non branded food groceries like regular grocery items for every month i.e. Rice, Wheat, Pulses, Beans, Other grocery items, Snacks and Other branded items. Products can be purchased from the website through various steps/methods of payment available with the website. The personal details provide by you to enable/access payment facilities available shall solely be at your own discretion and at your own risk. For the safety and protection of your personal details all required precautions have been taken, but no indemnity or surety is given to registered users or guests for any type data leakage due to any mishap which is not in our control. Products once sold shall be governed by specific policies such as return/refund/replace/cancellation policy.

DELIVERY

All deliveries made as per your orders placed shall be subject to delivery charges as decided by BEGINVIYANT “BE” from time to time plus government taxes as applicable. BE reserves the right to change its Fee Policy from time to time. Any changes in the delivery charges shall be posted on our website. Delivery will be made to the address specified by you on the order form. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If you are not at home or unavailable when we reach, we will schedule a re-delivery for you at an additional cost.

We will deliver your order to the main entrance of the delivery address. We always reserve the right to deliver only to the main entrance of the delivery address. We shall not be liable directly or indirectly for any special request by you to our delivery associate to deliver the order to any other place than the main entrance of the delivery address.

CANCELLATION BY SITE / CUSTOMER

You as a customer can cancel your order anytime before delivering an order at your doorstep which you have placed by calling our customer service. In such a case we will refund any payments already made by you for the order. 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.

BUYER’S ARRANGEMENT WITH ISSUING BANK

All Valid Credit / Debit/ Cash Card/ Wallet services and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

YOU AGREE AND CONFIRM

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 BE for redelivery shall be claimed from you.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

That before placing an order you will check the product description carefully. By placing an order for product you agree to be bound by the conditions of sale included in the item’s description.

PRODUCT IMAGES AND DESCRIPTION

Product images that you see on our website are for representation only to enable you to get fair idea about the products you want to order. The actual product could vary in terms of appearance, packaging etc. The product images and description provided on the website are on “as is” basis and without warranties of any kind expressed or implied. All information is believed to be accurate but is not guaranteed and subject to change. The product images, description and categories are solely provided for the purpose of your information and convenience without any expressed or implied warranties and liability of BE. The image quality and colours of the product on the website shall depend on your monitor, we cannot guarantee that your monitor’s display of any colours will be accurate.

Privacy Policies

The User hereby on acceptance of this Terms and Conditions agrees that he has read and understood the privacy policies of the website and terms of the policy and content are acceptable to the User.

You Agree and Confirm

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 BE for redelivery shall be claimed from you.

That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.

You will provide authentic and true information in all instances where such information is requested of you. BE 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 authorise BE to contact you for any transactional purposes related to your order/account.

That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.  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.

Restrictions to the User

On acceptance of this Terms and Conditions the user promises and undertakes not to download, modify, copy, hack, distribute, transmit, display, perform, reproduce, publish or sell or re-sell anything obtained from the website. The User is strictly restricted to disseminating any unlawful, harassing, libellous, 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. BE is strictly prohibited and leads to various legal civil and criminal proceedings for which the User will be fully liable for the costs of such legal proceedings.

Modification of Terms & Conditions of Service

BE 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 Website. You should regularly review the Terms & Conditions on the Website. 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.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain the property of `BE’. Such disclosure, submission or offer of any Comments shall constitute an assignment to BE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, BE 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. BE 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. BE 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 libellous 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”.  BE 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 BE 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 BE and its affiliates for all claims resulting from any Comments you submit. BE and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Colours

We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Links to Third Party Sites:

The website may contain different links to other websites “Linked Websites”. The linked sites are not under the control of BE. BE is not responsible for the content of any linked site, including without any limitation any link contained in a linked site, or any changes or updates to a linked site. BE will not be responsible for any type of transmission, whatsoever, received by you from any linked website. There is no endorsement or any association with linked website or with their owners or operators, legal heirs, authorized signatory etc., BE is only providing this linked websites to you for your convenience and also aware and request the user to verify the accuracy of all information on their own before undertaking any reliance on such information.

and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Shipping:

Title and risk of loss for all products ordered by you shall pass on to you upon shipment facility available with BE.  It is suggested by BE that you should give full and complete address with proper pin code of the state to avoid returns and penalty charges. Please do note that courier companies charge penalty for incorrect shipping addresses, wherein the address or pin code do not match. Such type of charges and penalties will be paid by you and not BE to the courier company.

You agree that charges of re-shipment of the same order will be payable by you.  Rectification/change of address will only be allowed before dispatch of your order. Once your order is dispatched rectification/change of address will not be granted.  If transport company fails to deliver, you do not suffer any loss.

You agree that you solely will be responsible and in no-way BE will be responsible for lost and stolen packages or any full or partial or direct or indirect damages to the package after being left at your address by transport agencies.

For any type of shipments to any girls hostel/college/school etc. specific date and time should be mentioned while placing the order to avoid returns due to permission issues of entering such premises. BE will not be responsible for refund or credits if any nor shall re-ship the order in such type of circumstances.

GOVERNING LAWS & JURISDICTION

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 the courts at Mumbai.  All disputes arising out of or in doing business on www.beviyant.com shall be amicably settled at the first instance by mutual discussions and negotiations. In the event the dispute is not resolved then the same may be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any enactment of statutory modification thereof. The arbitration proceedings shall be in the English language and shall be held in Mumbai. The award of the arbitral tribunal shall be final and binding upon the parties and no appeal against the same shalt lie to any court. The courts of competent jurisdiction in Mumbai shall have exclusive jurisdiction over any dispute, differences or claims arising out of this agreement.

Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Copyright & Trademark

BE, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website.  Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of BE or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to BE. 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 BE. 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 BE, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.  References on this Website 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 BE endorsement, sponsorship or recommendation of the third party, information, product or service.  BE 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 BE or its licensees and suppliers 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 BE, one of its affiliates or by third parties who have licensed their materials to BE 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 BE and is also protected by Indian and international copyright laws.

Objectionable MateriaL

You understand that by using this Website or any services provided on the Website, 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 Website and any service at your sole risk and that to the fullest extent permitted under applicable law, BE 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 BE, its employees, directors, 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 BE 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.

Termination

BE reserves all rights:

To suspend or terminate your use of the Website or any service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any terms of these Terms or anyway otherwise acted unethically;

That BE will have no liability to you or any third party for terminating your use to the website or any service, for deleting any content or other materials relating to your use of the service;

That you shall be liable to pay for any service or product that you have already ordered till the time of termination by either party whatsoever and also entitled to your royalty payments as per the Terms and Conditions that has or is legally deemed accrued to you.

If you do experience any issue with your order please simply inform us by below options within a 24-hour.

  • You can contact us at 022-3557 5602
  • You can email us at contact@beviyant.com
  • You can use your account and send us a message
  • You can Whatsapp us at +91 9816-52-9816

BE Membership Terms and Conditions

Welcome to the terms and conditions for BE Membership. These Terms are between you and Beginviyant Enterprises LLP and/or its affiliates (“Beginviyant”, “BE”, “Our” or “Us”) and govern our respective rights and obligations. If you sign up for Our services, you accept these terms, conditions, limitations and requirements. 

Membership 

Participation in the BE Membership and the benefits of the membership are offered at the sole discretion of Beginviyant “BE”. Eligible customers (as described below) may avail benefits accrued upon attaining the fulfilment of the TNCs. As you shop, you may unlock more benefits from time to time, which you may then use to shop at Beginviyant.

 

Eligibility 

Only customers over 18 years of age with a valid address in India may become Customer (“Members,” “you,” or “your”) in the Program. Retail outlets, Corporations, associations and other groups may not participate. BE reserves the right to disqualify any person from participating if, in our sole judgment, that person appears to be violating these Terms and Conditions, making purchases for a business or for resale, manipulating the Program, making excessive returns or otherwise acting in a manner inconsistent with the Program’s intent. If a member is disqualified, they forfeit their membership account and all outstanding benefits. 

Fees

The annual membership fee for BE Membership is totally free as of now and stated in the BE Membership section of our app & site. From time to time, we may offer different membership terms, and the fees for such membership may vary. The BE membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee.

Membership Activation

You cannot pay for membership fee for BE Membership using COD/Cash on Delivery. Paid BE membership only becomes effective upon successful authorization of payment through the Beginviyant website/app.

Benefits

By taking BE Membership customer supposed to accept the terms and conditions of membership to avail the “FREEMILK21” offer benefit. Changes to benefits will be communicated to existing members & will be updated on out site/app. 

Membership Cancellation

You may cancel your Paid BE Membership any time by visiting Your Account. If you cancel, we will raise a credit note and refund your full membership fee only if you have not made any eligible purchases or taken advantage of BE Membership benefits since your latest membership charge.

Membership Termination by Us

We may terminate your BE Membership at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the number of full months remaining for your then membership period. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the BE Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Termination of or Change in BE Membership

Beginviyant may terminate the membership program at any time, with or without notice, which may result in loss of accumulated benefits and the cancellation of all privileges associated with the membership. Beginviyant reserves the right to limit, delete or change any of the rules, terms, conditions, and benefits of the membership at its sole discretion, with or without notice. Interpretation of these Terms and Conditions shall be at the sole discretion of Beginviyant’s, whose decision will be final.

Other Terms

A membership is not transferable in the event of death, as part of a domestic relations matter, or for any other reason. Events beyond Beginviyant’s control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow us to suspend or terminate the membership.

Release of Information

By fulfilling the requirement to get eligible for the BE Membership, you consent to the release of information to third parties to carry out the membership.

Change to Your Account Information

You must visit www.beviyant.com to made any change in your name or the address, phone number and/or email address associated with your account. Please write to us on email id contact@beviyant.com or call 022 3557 5602 to update this information. Beginviyant is not liable for membership program details sent to an outdated email address.

Jurisdiction

Subject to the above, the courts at Mumbai shall have exclusive jurisdiction over all matters arising out of this Agreement.

TERMS AND CONDITIONS – BEGINVIYANT FREE MEMBERSHIP FREE MILK OFFER

 Following are the Terms and Conditions (“TNCs”) governing the FREE MILK OFFER Sale (“FREEMILK21”) – the biggest online and offline vegetable and fruits sale of the year, wherein if a user shops from BE online/offline (“Platform”), subject to the TNCs mentioned hereinafter, such user will get guaranteed fulfilled OFFER. The Prize under the FREEMILK21 Sale shall be in addition to, and not in substitution of, or derogation to, the terms and conditions governing the use/access of the Platform.

Term and Eligibility:

  1. The FREEMILK21 Sale shall be applicable to all individuals who are Indian residents, and who have attained the age of eighteen (18) years, as on date of opening of the FREEMILK21 Sale.
  2. The FREEMILK21 Sale is valid for all users (new and existing) in BE delivery area (Ghansoli, Navi Mumbai).  The offer is not applicable to the residents out of Ghansoli, Navi Mumbai.
  3. Under the FREEMILK21 Sale, a user is eligible to win a 21 DAYS MILK FREE by successfully completing TNCs applicable. Depending on the registration, and/or placement of order and the corresponding successful delivery of goods placed through the Platform.

Availing of Prize:

 A prize may be awarded to a user on successful completion of the Minimum Order Value of INR 2,999/- and above in a whole month.

 A User is required to place an order worth minimum value of INR 2,999/- and above in a whole month.  After the user has successfully placed an order through the Platform, she/he shall eligible to get the 21 Days Milk Free on next month.  

General Terms and Conditions

By participating in the FREEMILK21 Sale, it would be deemed that the user has agreed to be bound by the TNCs mentioned hereunder. The participation in the FREEMILK21 Sale is entirely voluntary.

The OFFER that may be awarded to the user is not transferable, not redeemable for cash and/or non-exchangeable for any other Prize.

OFFER is applicable on the Vegetables and Fruits only and not on any Branded Items.

By availing the benefits provided through the FREEMILK21 Sale, the user agrees to receive commutation(s) from BE and/or its affiliates relating to the FREEMILK21 Sale.

User shall provide all the requisite correct information, including, but not limited to, name, address, contact number, alternate mobile number, email ID, etc. In case a user who has won the OFFER under the FREEMILK21 Sale cannot be contacted, or is disqualified for any reason, BE reserves the right to determine an alternate user for such OFFER, or not award that user’s OFFER  in its sole discretion. 

Grofers holds no warranty and shall make no representation regarding the quality of the OFFERED PRIZE (500 ml AMUL MASTI MILK).

The user shall not make any demand in respect of the make, variation in sizes, or otherwise the physical features in respect of OFFER PRIZE that he/she has got.

BE does not in any manner endorse or support or promote, in any specific manner, the purchase of products or undertaking of transactions inter alia that are subject to OFFER PRIZE (500 ml AMUL MASTI MILK).

BE may substitute offer, vary, delete, add or amend any of the terms and conditions set out herein from time to time and may further withdraw the entire FREEMILK21 Sale without prior notice to the customers if it so deems fit. BE disclaims any responsibility to notify participant users of any aspect related to the conduct of the FREEMILK21 Sale.

BE takes whole responsibility for complying with the date of delivery intimated to the user.

Cancellation

A user forfeits his/her right to a Offer Prize during the FREEMILK21 Sale when a user cancels his/her order placed through the Platform.

Disqualification/Fraud

Failure to comply with the TNCs is a cause for immediate disqualification from the FREEMILK21 Sale. BE reserves the right to disqualify any user not conforming to the TNCs at any time. In a case where it is determined that an in-eligible user, who is disqualified to participate in the FREEMILK21 Sale, wins a Offer Prize, BE reserves all rights to the ownership and return of the Offer Prize.

Misrepresentation

BE shall assume no responsibility for any communication not authorised by BE with respect to the FREEMILK21 Sale. This includes, but is not limited to, any fraud or misrepresentation caused by any third-party administrators resulting in loss or injury to the user. Users are cautioned that BE does not run any call centre. In case any user wishes to communicate, the user may communicate at the following number/email:

 Phone: +91 9816-52-9816

Land Line: 022 3557 5602

E-mail: contact@beviyant.com

BE WALLET – TERMS & CONDITIONS 

Please read the following terms and conditions (“T&Cs”) carefully before registering for, accessing or using the BE Wallet (as defined below), located at www.beginviyant.com or the Beginviyant mobile application or any similar platform (hereinafter referred to as Beginviyant Platform “BE”) on any device and/or before availing any e-wallet services that may be offered by BE (as defined below) on the Beginviyant Platform (hereinafter, individually BE Wallet Service and collectively, the BE Wallet Services). The BE Wallet is issued by and the BE Wallet Services are provided by M/s Beginviyant Enterprises LLP, a Limited Liability Partnership Firm registered under the Limited Liability Partnership Act, 2008 having its registered office at B-3, GAUTAM SAMTA SEVA SANGH, BEHIND COMMUNITY HALL, GOVT. COLONY, BANDRA EAST, MUMBAI – 400051, MAHARASHTRA (“BE”). The customers using the BE Wallet may load amounts in the wallet through their credit or debit cards, and the amounts in the BE Wallet may be used for making payments towards transactions done by customers on the Beginviyant Platform. Customers shall not be permitted to make any cash withdrawals from the BE Wallet. By registering for or using BE Wallet, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs.

ELIGIBILITY:

The BE Wallet Services are not available to persons under the age of 18 or to anyone previously suspended or removed by BE from availing the BE Wallet Services or accessing the BE Platform. By accepting the T&Cs or by otherwise using the BE Wallet Services on the BE Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by BE, or disqualified for any other reason, from availing the BE Wallet Services or using the BE Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, BE reserves the right to suspend or permanently prevent you from availing BE Wallet Services or using the BE Platform.

DEFINITIONS:

“Customer” or “you” means a person who has registered with BE Platform and avails the BE Wallet, and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet compatible device that supports the BE Wallet and the BE Platform.

“BE Wallet” means the closed system pre-paid payment instrument issued by BE.

“BE Wallet Account” means the Customer BE Wallet account classified as closed system payment instruments issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from BE Platform.

“Enrolment Form” means the BE Wallet enrolment form, as is required by BE from the Customer at the time of registration for availing and/or continuation of the BE Wallet.

“KYC” stands for know your customer and refers to the personal identification and other information required by BE from you before any BE Wallet Services can be delivered. KYC documents/information may be required by BE from the Customer at the time of registration and/or on a later date, for availing and/or continuation of the BE Wallet.

“Password” means the secret password used to secure BE Wallet applications, without knowledge of which your BE Wallet will not be operable.

“Transaction” means purchase of eligible products on the BE Platform.

DOCUMENTATION:

The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and BE reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. BE reserves the right to discontinue services or reject applications for BE Wallet at any time if there are discrepancies in information and/or documentation by you.

You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.

Any information provided to BE with the intention of securing BE Wallet services shall vest with BE, and may be used by BE, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.

General Conditions for bE Wallet:

You will be issued a BE Wallet Account immediately after successful registration.

You may add money to or recharge your BE Wallet through online payment methods such as domestic credit/debit card, net banking, UPI and other wallets. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your BE Wallet. Except as provided hereunder, amounts in your BE Wallet will not be refunded to you under any circumstances.

You may note that withdrawing money from BE Wallet is not allowed. Any outstanding credit in the BE Wallet must be utilized only to make payments for bona fide Transactions.

BE Wallets are available only to resident Indians who have attained the age of 18 years and are competent to contract.

BE Wallets are not transferable.

You may add money into your BE Wallet upto a maximum of INR 10,000 (Rupees Ten Thousand) per transaction. This limit will be inclusive of any credits made by you and any refunds received by you for any Transactions in your BE Wallet. Additionally, the balance in your BE Wallet shall not exceed INR 10,000 (Rupees Ten Thousand Only) at any relevant time of determination. These limits may be reviewed and modified at the discretion of BE without prior intimation to the Customer.

BE reserves the right to suspend/discontinue BE Wallet services to you at any time, for any cause, including, but not limited, to the following-

For any suspected violation of the T&Cs;

For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;

To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;

If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;

If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

If the mobile connection with which your BE Wallet is related ceases to be operational or in your possession or control;

If BE believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.

The value stored on your BE Wallet shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide Transactions. No interest will be payable by BE on the available balance reflected on the BE Wallet.

You are permitted to maintain and operate only one BE Wallet. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by BE of any of all BE Wallets associated with you on the BE Platform. Any operation of or continued availability of any facility respect to the BE Wallets from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.

BE Wallet Validity:

Any value in your BE Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your BE Wallet. BE does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using BE Wallet.

BE Wallet Expiry and Balance Forfeiture.

Your BE Wallet account stays active & there is no expiry date for your wallet balance.

Customer Obligations:

Any value in your BE Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your BE Wallet. BE does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using BE Wallet.

BE Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. BE Wallet availability is subject to the maintenance of a mobile phone handset and other application on which BE Platform can run and the Customer is solely responsible for all liability arising from unavailability of the BE Platform due to a deficient mobile handset or the internet service provider not being able to support any BE Wallet channel or application.

You must ensure the availability of sufficient funds in your BE Wallet before executing any Transaction from your BE Wallet.

You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of BE Wallet. In case the Password is lost or misplaced, you shall promptly inform BE by calling on the customer care numbers where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your BE Wallet is lost/stolen/misplaced/no longer in your control, you shall promptly inform BE. BE will, upon receipt of such information, block the relevant account.

You acknowledge and understand that BE Wallet is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.

Information submitted by you for availing BE Wallet and/or information submitted while using BE Wallet may be shared by BE with any affiliate of BE or any third party, inter alia, to facilitate the provision of BE Wallet or for the purposes specified in the T&Cs.

Indemnification:

You agree to indemnify, save, and hold BE, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to : (i) your use or misuse of the BE Wallet; (ii) any violation by you of the T&Cs, including the BE Wallet Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. BE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BE, including rights to settle, and you agree to cooperate with BE’s defense and settlement of these claims. BE will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these T&Cs, including the BE Wallet Terms.

Additional T&C:

Any amount transferred erroneously by the Customer, while adding money to or recharging the BE Wallet or while executing Transaction on BE Platform, shall not be refunded to the Customer by BE in any circumstances.

Any web-link on the BE Platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link.

In the event of any Dispute (defined below), BE records shall be binding as the conclusive evidence of the Transactions carried out through the use of BE Wallet.

BE shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.

You agree to receive all commercial messages including transactional messages from BE.

The parties are independent contractors and nothing in these BE Wallet Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership.

Amendment of Terms, BEGINVIYANt Platform:

BE may modify, terminate and/or suspend BE Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators. BE reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting notification on the BE Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the BE Platform, availing the BE Wallet service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the BE Platform/BE Wallet. For certain changes, BE may be required under applicable law to give you advance notice, and BE will comply with such requirements. Your continued use of the BE Platform and the BE Wallet following the posting of changes will mean that you accept and agree to the changes.

Confidentiality:

You specifically agree that in order to facilitate the provision of BE Wallet, BE may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.

Assignment, Restrictions on Information Sharing, Privacy:

These T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without BE’s prior written consent which may be withheld in BE’s sole discretion, but these T&Cs, and any rights granted hereunder, may be assigned by BE freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.

By accepting the BE Wallet Terms here and the T&Cs in general, you agree to be customers of BE. In addition, by accepting the BE Wallet Terms here and the T&Cs in general, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring BE’s rights and obligations under the BE Wallet Terms in favour of any affiliate of BE or any third party; (b) for using the BE Platform and availing the BE Wallet Services by you subject to any specific terms and conditions imposed by any affiliate of BE; (c) for receiving communications, notices and information from BE or any affiliate of BE; (d) for sharing of business information (including any information relating to you or the services being availed by you) in relation to the BE Wallet service (including data analytics) between BE and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to BE’s customers (including you); (ii) provision of better services by BE’s vendors and Merchant Establishments; (iii) to prevent any breach of a binding agreement between BE and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by BE or any affiliate of BE; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of BE or of any affiliate of BE; or (vi) BE retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times BE or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with BE to provide products and services, or that help BE market to customers. Personal information will only be shared by BE to provide or improve BE’s products, services and advertising, and will always be shared in compliance with applicable laws.

BE, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in BE’s products and services offering any products or services from any BE Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for BE to disclose your personal information. BE may also disclose information about you if BE determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate

BE may also disclose information about you if BE determines that disclosure is reasonably necessary to enforce the BE Wallet Terms here or the T&Cs in general or protect BE’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of BE’s business or products or services offered through any BE Platform to any persons (including any affiliates), BE may transfer any and all personal information that BE collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees., BE may transfer any and all personal information that BE collects to the relevant transferee or enter into contractual agreements to share such information with such third party transferee.

BE’s privacy policy applies to use of the BE Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the BE Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the BE Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Intellectual Property Rights:

BE, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (hereinafter IP Rights), in and to the BE Platform, BE Wallet Services, BE Wallet or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the BE Platform, BE Wallet Services or BE Wallet or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the BE Platform or BE Wallet or use the BE Platform or BE Wallet to create a competing product. The “BE” brand is owned by Supermarket Grocery Stores Limited Liability Partnership Firm “BEGINVIYANT ENTERPRISES LLP” which has been licensed to BE by BE. Unauthorized use of “BE” as a word, trademark, symbol, device mark or word mark, is strictly prohibited. All rights are expressly reserved by BE and BEGINVIYANT to use the brand of “BE” in all its forms and variations.

Disclaimer, No Warranties:

BE gives no warranty, express or implied, with respect to the BE Platform and BE Wallet. To the fullest extent permissible, pursuant to applicable law, BE and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. BE provides the BE Platform and the BE Wallet and any other technology and services on the BE Platform are on an “as is”, “where is”, “with all fault” basis.

No advice or information, whether oral or written, obtained by you from BE or through the BE Wallet or the BE Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “BE” includes BE’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the BE Wallet on the BE Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the BE Platform or on the Internet generally.

The BE Wallet and the BE Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. BE, and its third-party suppliers, licensors, and partners do not warrant that the data, BE software, functions, or any other information offered on or through the BE Wallet Services/BE Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

BE and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the BE Wallet Services/BE Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the BE Wallet Services/BE Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement.

This section shall survive termination of the T&Cs. In no event will BE be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the BE Platform.

Waiver and Release:

The failure of BE to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by BE. To the maximum extent permitted by law, you waive, release, discharge and hold harmless BE, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the BE Platform or BE Wallet.

Consent to Electronic Communications and Transactions:

By registering to use the BE Wallet, you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when BE sends an electronic communication to your e-mail address/mobile number as per our records, or when BE posts an electronic communication on the BE Platform. The pre-requisites for effective electronic Transactions and communications are as follows: (a) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and (b) you must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting BE, but BE reserves the right to terminate your BE Wallet Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify BE promptly if your email address, mobile number or other contact information changes by updating your account information or contacting BE

Limitation of Liability:

In no event, BE or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) these T&Cs; (ii) the BE Wallet, the BE Platform or any reference site/app/platform/service; or (iii) your use or inability to use the BE Wallet, the BE Platform (including any and all materials) or any reference sites/app/platform/service or (iv) any other interactions with BE, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if BE or a BE authorized representative has been advised of the possibility of such damages. You acknowledge and agree that BE has offered its products and services, set its prices, and entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and BE, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and BE. BE would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, BE’s liability will be limited to the fullest extent permitted by applicable law. This section of the BE Wallet Terms shall survive the termination of these T&Cs.

Dispute Resolution:

If any dispute, controversy or claim arises under these T&Cs or in relation to a BE Wallet or the BE Platform, including any question regarding the existence, validity or termination of the BE Wallet Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, BE may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either you or BE may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to you or BE (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor BE may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and BE. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.

Governing Law:

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against BE must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.

Severability:

If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Cs to the

extent required, and the remaining provisions will remain valid and enforceable.

Customer Service:

Any questions, comments or complaints related to your BE Wallet should be referred to BE customer care by email to customerservice@beviyant.com, or by calling our customer service number at 022 3557 5602.

TERMS & CONDITIONS

BEGINVIYANT ENTERPRISES LLP (“BE”) is the owner of www.beviyant.com (“The Website”).  This is an internet-based retail offline and online portal basically based to provide best services of home essentials of vegetables and fruits to the customer under the laws of India.  The website is fully owned and operated by BE, a Limited Liability Partnership firm having its address at “B-3, GAUTAM SAMTA SEVA SANGH, BEHIND COMMUNITY HALL, GOVT. COLONY, BANDRA (EAST), MUMBAI – 400051.

The Company holds a FSSAI License Registration Certificate, Bearing No.: 21519020001625.

It is strongly recommended that you read and understand these ‘Terms & Conditions of Use’ carefully, as by accessing this Website, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and the Company (hereinafter the “User Agreement”). If you do not agree with this User Agreement, you should not use or access the Website for any purpose whatsoever.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Website, each time you access and/or use the Website.

For the purpose of these Terms of Use, wherever the context so requires “You”, “Your”, “User” or “Customer” shall mean any natural or legal person who has agreed to become a buyer on the Website by providing Registration Data while registering on the Website as Registered User using the computer systems.  The users are required to register on our website to purchase on the Website.  The term “We”, “Us”, “Our”, “Company” or “BE” shall mean Beginviyant Enterprises LLP.

Should you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at contact@beviyant.com

Introduction
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provision pertaining to electronic records in various statutes as amended by the IT Act, 2000. This electronic record does not require any physical or digital signature. This document is published in accordance with the provision of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms and Conditions for access and usage of www.beviyant.com.

These Terms and Conditions shall be effective and binding on registered users as well as guest users on your acceptance of the following terms and conditions, rules & regulations, privacy policies and returns. BE may amend Terms and Conditions and/or Rules and Policies as and when required and necessary as per amended laws of India. 

Customer Registration and Privacy Policy

The website provides for registration process to serve its Customer better and may now or in the future collect the following personally identifiable information to serve you better:

Name including first and last name;

Email address & Alternate Email address;

Mobile phone numbers and contact details;

Postal Pin code;

Personal demographic profile like your age, gender, occupation, location, education, address

Bank details etc.,

By completing the registration or placing an order, the Customer agrees to receive promotional and transactional communication, text messages, mobile notifications, phone calls and newsletters. The Customer can opt out by contacting the customer service at contact@beviyant.com. We will never sell or provide your information to third party companies or outside agencies for commercial purposes. However, the website may contain links to other websites that we do not manage directly such as Google Analytics used to understand and optimize user behavior. BE shall not be responsible for the privacy policies of such external websites.

These Terms and Conditions shall be effective and binding on registered users as well as guest users on acceptance of the following terms and conditions, rules & regulations, privacy policies and returns. BE may amend Terms and Conditions and/or Rules and Policies as and when required and necessary as per amended laws of India.

PART I: RULES & REGULATIONS 

Sign-Up Eligibility:

BE Terms and Conditions for acceptance are available to persons who are eligible to enter into contracts under The Indian Contracts Act, 1872. According to The Indian Contract Act, 1872 persons who are minor, lunatic, unsound minded and insolvents etc. are incompetent and are restricted to enter into any type of contracts. A criterion to enter into any type of contract is minimum 18 years an above or any legal guardian/parent of the minor shall register as a user on behalf of the minor. Under any circumstances if it is discovered or brought to BE’s notice that you are under the age of 18 years, BE has full right to cancel and terminate your existing registration. No registration will be given if you are registering as a business entity or representing on behalf of your company until and unless you satisfy BE with documentary proof or evidence of your authorization by your business entity to accept this Terms and Conditions and authorized to bind that business entity to this Terms and Conditions.

Therefore, any person can sign up for services provided he or she is competent to enter into a contract. Section 11 of the Indian Contract Act, 1872 specifies that every person is competent to contract provided he or she has attained the age of 18 years, is of sound mind and not disqualified from contracting by any other law to which he or she is subject to.

Account and Registration Obligations

On acceptance of this Terms and Conditions as a user, you will be fully liable for the confidentiality and safety of your created user id and password. On acceptance of this Terms and Conditions as a Guest User, you will be fully liable for confidentiality and safety of your email id and phone/cell number. It will be your responsibility to restrict to access your computer and computer system/network. You agree to take full responsibility for all activities that may occur under your user id, password, email id and phone/cell number as the case may be. You agree to provide true, accurate, current and complete information about yourself such as name, address, age, gender, contact number etc. whenever prompt by BE. It is suggested by BE that you should give full and complete address with proper pin code of the state to avoid returns and penalty charges. Please do note that courier companies charge penalty for incorrect shipping addresses, wherein the address or pin code do not match. Such type of charges and penalties will be paid by you and not BE to the courier company. You agree that charges of re-shipment of the same order will be payable by you. Rectification/change of address will only be allowed before ordering/dispatch of your order. Once your order is dispatched rectification/change of address will not be granted. If you provide any information that is untrue, incomplete, inaccurate, misrepresented and on such suspect and grounds that such information provided by you is untrue, incomplete, inaccurate, misrepresented BE has full right to terminate, block your access to the website and shall cancel this Terms and Conditions as well as your registration.

Terms of Site access

BE grants customers limited access rights for personal use on this site and not to download (other than page caching) or edit any portion of it.  The access to this site is for personal use of the Customer and not for any commercial use or to access its contents to collect and use of product listings, descriptions, or prices; any derivative use of this site or any use of data mining, robots, or similar data gathering and extraction tools. No portions of this site may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without express written consent of BE. 

Further no Customer is authorized to frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) on the Website without express written consent.  Any unauthorized use automatically terminates the permission granted by BE.

Electronic Communications

You agree to receive any communications via electronic method from BE periodically and as and when required. You also agree and able to understand the mode of communication will be through electronic records.

PRICING

Prices of all products are described on BE and are incorporated into these Terms by reference. Prices, products and services may change as per BE’s discretion.  Prices displayed for all the products on www.beviyant.com exclude GST. The prices of all products mentioned at the time of ordering will be charged on the date of the delivery. 

ORDER CANCELLATION 

A Customer can opt to cancel order upto delivering of placed order to his/her by calling our customer service phone number 022 3557 5602 and receive refund of advance paid if any.  BE reserves the right to cancel any order if it suspects any fraudulent transaction by a Customer or breaches the terms & conditions of using the website.

RETURN, REPLACEMENT & REFUNDS 

BE believes in Centum Customer satisfaction and “No questions asked return and refund policy” for issues relating to quality, quantity or freshness of its supplies. For any reason if customer is not completely satisfied with our products, Beginviyant Enterprises LLP “BE” will refund the money or replace the products based on customer’s satisfaction.  Refunds will be processed within 24 hours and will be credited to the customer wallet within 24 – 48 hours and mode of refund will be same through which the original payment was made to us.

To make your shopping easy our terms of return policy assists you, when due to some unforeseen situation you are not happy with the product/item purchase. The following terms of return policy is applicable to resolve and improve the situation. Special care is taken for every purchase of you to avoid the implementation of the following terms of this return policy. More than one check method is followed by our team before your product/item is/are dispatched to avoid unnecessary harassment and dissatisfaction to you.

  1. Execution of the terms of this policy is required only when an unintentional situation occurs such as:

If you have received a damaged product/item;

Received product/item was not what you ordered or not included in your package;

If it was misrepresented on our website;

If any one item/accessory not received in a packed box what you ordered.

  1. Non-Replacement Category or Products/Items which will not be replaced:

If the product/item is/are sent back to us prior any permission granted or instructions given to you by our team.

If the price tag is removed or cut which is attached to the product/item, removal or lost of price tag will not be considered for replacements.

If the product/item which is/are worn, washed, used, altered or modified shall not be replaced in any condition whatsoever.

  1. Product/Item in a package availability failure:

In case you have paid for a product/item which is unavailable to deliver you may select any other option of your choice of same amount and if alternate option is not according to your desire then the amount will be fully refunded to BE wallet for non-delivered of goods and services within 24 – 48 hours and mode of refund will be same through which the original payment was made to us.

SERVICES AND FEES STRUCTURE:

There are no fees charged for Registration/Sign up and to access the website. BE reserves full right to charge fees on several additional services and may its discretion introduce new services or all the existing services offered on the website. You agree and shall make the payments of these invoices in the name of Beginviyant Enterprises LLP. Your payment to BE with full compliance of all applicable laws shall be sufficient to discharge you from your obligations towards BE regarding payment against raised invoices.

You agree and shall be responsible of all applicable laws in India to make payments to BE including those members residing in India all well as members residing outside the territory of India. The website provides various types of services through the website which enables users to purchase vegetables and fruits as of now but in future customers can purchase basic non branded food groceries like regular grocery items for every month i.e. Rice, Wheat, Pulses, Beans, Other grocery items, Snacks and Other branded items. Products can be purchased from the website through various steps/methods of payment available with the website. The personal details provide by you to enable/access payment facilities available shall solely be at your own discretion and at your own risk. For the safety and protection of your personal details all required precautions have been taken, but no indemnity or surety is given to registered users or guests for any type data leakage due to any mishap which is not in our control. Products once sold shall be governed by specific policies such as return/refund/replace/cancellation policy.

DELIVERY

All deliveries made as per your orders placed shall be subject to delivery charges as decided by BEGINVIYANT “BE” from time to time plus government taxes as applicable. BE reserves the right to change its Fee Policy from time to time. Any changes in the delivery charges shall be posted on our website. Delivery will be made to the address specified by you on the order form. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If you are not at home or unavailable when we reach, we will schedule a re-delivery for you at an additional cost.

We will deliver your order to the main entrance of the delivery address. We always reserve the right to deliver only to the main entrance of the delivery address. We shall not be liable directly or indirectly for any special request by you to our delivery associate to deliver the order to any other place than the main entrance of the delivery address.

CANCELLATION BY SITE / CUSTOMER

You as a customer can cancel your order anytime before delivering an order at your doorstep which you have placed by calling our customer service. In such a case we will refund any payments already made by you for the order. 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.

BUYER’S ARRANGEMENT WITH ISSUING BANK

All Valid Credit / Debit/ Cash Card/ Wallet services and other payment instruments are processed using a Credit Card payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective Issuing Bank and payment instrument issuing company.

 

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Buyer and the respective Issuing Bank.

YOU AGREE AND CONFIRM

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 BE for redelivery shall be claimed from you.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.

That before placing an order you will check the product description carefully. By placing an order for product you agree to be bound by the conditions of sale included in the item’s description.

PRODUCT IMAGES AND DESCRIPTION

Product images that you see on our website are for representation only to enable you to get fair idea about the products you want to order. The actual product could vary in terms of appearance, packaging etc. The product images and description provided on the website are on “as is” basis and without warranties of any kind expressed or implied. All information is believed to be accurate but is not guaranteed and subject to change. The product images, description and categories are solely provided for the purpose of your information and convenience without any expressed or implied warranties and liability of BE. The image quality and colours of the product on the website shall depend on your monitor, we cannot guarantee that your monitor’s display of any colours will be accurate.

Privacy Policies

The User hereby on acceptance of this Terms and Conditions agrees that he has read and understood the privacy policies of the website and terms of the policy and content are acceptable to the User.

You Agree and Confirm

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 BE for redelivery shall be claimed from you.

That you will use the services provided by the Website, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website.

You will provide authentic and true information in all instances where such information is requested of you. BE 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 authorise BE to contact you for any transactional purposes related to your order/account.

That you are accessing the services available on this Website and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website.

That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.  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.Restrictions to the User

On acceptance of this Terms and Conditions the user promises and undertakes not to download, modify, copy, hack, distribute, transmit, display, perform, reproduce, publish or sell or re-sell anything obtained from the website. The User is strictly restricted to disseminating any unlawful, harassing, libellous, 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. BE is strictly prohibited and leads to various legal civil and criminal proceedings for which the User will be fully liable for the costs of such legal proceedings.

 

Modification of Terms & Conditions of Service

BE 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 Website. You should regularly review the Terms & Conditions on the Website. 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.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website on or by this Website or otherwise disclosed, submitted or offered in connection with your use of this Website (collectively, the “Comments”) shall be and remain the property of `BE’. Such disclosure, submission or offer of any Comments shall constitute an assignment to BE of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, BE 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. BE 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. BE 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 libellous 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”.  BE 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 BE 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 BE and its affiliates for all claims resulting from any Comments you submit. BE and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Colours

We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor’s display of any color will be accurate.

Links to Third Party Sites:

The website may contain different links to other websites “Linked Websites”. The linked sites are not under the control of BE. BE is not responsible for the content of any linked site, including without any limitation any link contained in a linked site, or any changes or updates to a linked site. BE will not be responsible for any type of transmission, whatsoever, received by you from any linked website. There is no endorsement or any association with linked website or with their owners or operators, legal heirs, authorized signatory etc., BE is only providing this linked websites to you for your convenience and also aware and request the user to verify the accuracy of all information on their own before undertaking any reliance on such information.

and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.

Shipping:

Title and risk of loss for all products ordered by you shall pass on to you upon shipment facility available with BE.  It is suggested by BE that you should give full and complete address with proper pin code of the state to avoid returns and penalty charges. Please do note that courier companies charge penalty for incorrect shipping addresses, wherein the address or pin code do not match. Such type of charges and penalties will be paid by you and not BE to the courier company.

You agree that charges of re-shipment of the same order will be payable by you.  Rectification/change of address will only be allowed before dispatch of your order. Once your order is dispatched rectification/change of address will not be granted.  If transport company fails to deliver, you do not suffer any loss.

You agree that you solely will be responsible and in no-way BE will be responsible for lost and stolen packages or any full or partial or direct or indirect damages to the package after being left at your address by transport agencies.

For any type of shipments to any girls hostel/college/school etc. specific date and time should be mentioned while placing the order to avoid returns due to permission issues of entering such premises. BE will not be responsible for refund or credits if any nor shall re-ship the order in such type of circumstances.

GOVERNING LAWS & JURISDICTION

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 the courts at Mumbai.  All disputes arising out of or in doing business on www.beviyant.com shall be amicably settled at the first instance by mutual discussions and negotiations. In the event the dispute is not resolved then the same may be referred to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996 or any enactment of statutory modification thereof. The arbitration proceedings shall be in the English language and shall be held in Mumbai. The award of the arbitral tribunal shall be final and binding upon the parties and no appeal against the same shalt lie to any court. The courts of competent jurisdiction in Mumbai shall have exclusive jurisdiction over any dispute, differences or claims arising out of this agreement.

Severability

If any provision of the Terms is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only such provision or part of such provision and the remaining part of such provision and all other provisions of these Terms shall continue to be in full force and effect.

Copyright & Trademark

BE, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website.  Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of BE or any third party’s intellectual property rights. All rights, including copyright, in this website are owned by or licensed to BE. 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 BE. 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 BE, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner.  References on this Website 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 BE endorsement, sponsorship or recommendation of the third party, information, product or service.  BE 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 BE or its licensees and suppliers 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 BE, one of its affiliates or by third parties who have licensed their materials to BE 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 BE and is also protected by Indian and international copyright laws.

 

Objectionable MateriaL

You understand that by using this Website or any services provided on the Website, 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 Website and any service at your sole risk and that to the fullest extent permitted under applicable law, BE 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 BE, its employees, directors, 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 BE 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.

 

Termination

BE reserves all rights:

To suspend or terminate your use of the Website or any service if it believes, in its sole and absolute discretion that you have breached, violated, abused, or unethically manipulated or exploited any terms of these Terms or anyway otherwise acted unethically;

That BE will have no liability to you or any third party for terminating your use to the website or any service, for deleting any content or other materials relating to your use of the service;

That you shall be liable to pay for any service or product that you have already ordered till the time of termination by either party whatsoever and also entitled to your royalty payments as per the Terms and Conditions that has or is legally deemed accrued to you.

 

If you do experience any issue with your order please simply inform us by below options within a 24-hour.

  • You can contact us at 022-3557 5602
  • You can email us at contact@beviyant.com
  • You can use your account and send us a message
  • You can Whatsapp us at +91 9816-52-9816

 

 

BE Membership Terms and Conditions

Welcome to the terms and conditions for BE Membership. These Terms are between you and Beginviyant Enterprises LLP and/or its affiliates (“Beginviyant”, “BE”, “Our” or “Us”) and govern our respective rights and obligations. If you sign up for Our services, you accept these terms, conditions, limitations and requirements. 

Membership 

Participation in the BE Membership and the benefits of the membership are offered at the sole discretion of Beginviyant “BE”. Eligible customers (as described below) may avail benefits accrued upon attaining the fulfilment of the TNCs. As you shop, you may unlock more benefits from time to time, which you may then use to shop at Beginviyant. 

Eligibility 

Only customers over 18 years of age with a valid address in India may become Customer (“Members,” “you,” or “your”) in the Program. Retail outlets, Corporations, associations and other groups may not participate. BE reserves the right to disqualify any person from participating if, in our sole judgment, that person appears to be violating these Terms and Conditions, making purchases for a business or for resale, manipulating the Program, making excessive returns or otherwise acting in a manner inconsistent with the Program’s intent. If a member is disqualified, they forfeit their membership account and all outstanding benefits. 

Fees

The annual membership fee for BE Membership is totally free as of now and stated in the BE Membership section of our app & site. From time to time, we may offer different membership terms, and the fees for such membership may vary. The BE membership fee is non-refundable except as expressly set forth in these Terms. Taxes may apply on either or both of the membership fee.

Membership Activation

You cannot pay for membership fee for BE Membership using COD/Cash on Delivery. Paid BE membership only becomes effective upon successful authorization of payment through the Beginviyant website/app.

Benefits

By taking BE Membership customer supposed to accept the terms and conditions of membership to avail the “FREEMILK21” offer benefit. Changes to benefits will be communicated to existing members & will be updated on out site/app. 

Membership Cancellation

You may cancel your Paid BE Membership any time by visiting Your Account. If you cancel, we will raise a credit note and refund your full membership fee only if you have not made any eligible purchases or taken advantage of BE Membership benefits since your latest membership charge.

Membership Termination by Us

We may terminate your BE Membership at our discretion without notice. If we do so, we will issue a credit note to you and give a prorated refund based on the number of full months remaining for your then membership period. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the BE Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

Termination of or Change in BE Membership

Beginviyant may terminate the membership program at any time, with or without notice, which may result in loss of accumulated benefits and the cancellation of all privileges associated with the membership. Beginviyant reserves the right to limit, delete or change any of the rules, terms, conditions, and benefits of the membership at its sole discretion, with or without notice. Interpretation of these Terms and Conditions shall be at the sole discretion of Beginviyant’s, whose decision will be final.

Other Terms

A membership is not transferable in the event of death, as part of a domestic relations matter, or for any other reason. Events beyond Beginviyant’s control, such as computer equipment or electronic data transmission failure, strikes, acts of God, civil disturbance, terrorism or war, which may materially affect our ability to perform, will allow us to suspend or terminate the membership.

Release of Information

By fulfilling the requirement to get eligible for the BE Membership, you consent to the release of information to third parties to carry out the membership.

Change to Your Account Information

You must visit www.beviyant.com to made any change in your name or the address, phone number and/or email address associated with your account. Please write to us on email id contact@beviyant.com or call 022 3557 5602 to update this information. Beginviyant is not liable for membership program details sent to an outdated email address.

Jurisdiction

Subject to the above, the courts at Mumbai shall have exclusive jurisdiction over all matters arising out of this Agreement.

TERMS AND CONDITIONS – BEGINVIYANT FREE MEMBERSHIP FREE MILK OFFER

 Following are the Terms and Conditions (“TNCs”) governing the FREE MILK OFFER Sale (“FREEMILK21”) – the biggest online and offline vegetable and fruits sale of the year, wherein if a user shops from BE online/offline (“Platform”), subject to the TNCs mentioned hereinafter, such user will get guaranteed fulfilled OFFER. The Prize under the FREEMILK21 Sale shall be in addition to, and not in substitution of, or derogation to, the terms and conditions governing the use/access of the Platform.

Term and Eligibility:

  1. The FREEMILK21 Sale shall be applicable to all individuals who are Indian residents, and who have attained the age of eighteen (18) years, as on date of opening of the FREEMILK21 Sale.
  2. The FREEMILK21 Sale is valid for all users (new and existing) in BE delivery area (Ghansoli, Navi Mumbai).  The offer is not applicable to the residents out of Ghansoli, Navi Mumbai.
  3. Under the FREEMILK21 Sale, a user is eligible to win a 21 DAYS MILK FREE by successfully completing TNCs applicable. Depending on the registration, and/or placement of order and the corresponding successful delivery of goods placed through the Platform.

Availing of Prize:

 A prize may be awarded to a user on successful completion of the Minimum Order Value of INR 2,999/- and above in a whole month.

 A User is required to place an order worth minimum value of INR 2,999/- and above in a whole month.  After the user has successfully placed an order through the Platform, she/he shall eligible to get the 21 Days Milk Free on next month.  

General Terms and Conditions

By participating in the FREEMILK21 Sale, it would be deemed that the user has agreed to be bound by the TNCs mentioned hereunder. The participation in the FREEMILK21 Sale is entirely voluntary.

The OFFER that may be awarded to the user is not transferable, not redeemable for cash and/or non-exchangeable for any other Prize.

OFFER is applicable on the Vegetables and Fruits only and not on any Branded Items.

By availing the benefits provided through the FREEMILK21 Sale, the user agrees to receive commutation(s) from BE and/or its affiliates relating to the FREEMILK21 Sale.

User shall provide all the requisite correct information, including, but not limited to, name, address, contact number, alternate mobile number, email ID, etc. In case a user who has won the OFFER under the FREEMILK21 Sale cannot be contacted, or is disqualified for any reason, BE reserves the right to determine an alternate user for such OFFER, or not award that user’s OFFER  in its sole discretion. 

Grofers holds no warranty and shall make no representation regarding the quality of the OFFERED PRIZE (500 ml AMUL MASTI MILK).

The user shall not make any demand in respect of the make, variation in sizes, or otherwise the physical features in respect of OFFER PRIZE that he/she has got.

BE does not in any manner endorse or support or promote, in any specific manner, the purchase of products or undertaking of transactions inter alia that are subject to OFFER PRIZE (500 ml AMUL MASTI MILK).

BE may substitute offer, vary, delete, add or amend any of the terms and conditions set out herein from time to time and may further withdraw the entire FREEMILK21 Sale without prior notice to the customers if it so deems fit. BE disclaims any responsibility to notify participant users of any aspect related to the conduct of the FREEMILK21 Sale.

BE takes whole responsibility for complying with the date of delivery intimated to the user.

Cancellation

A user forfeits his/her right to a Offer Prize during the FREEMILK21 Sale when a user cancels his/her order placed through the Platform.

Disqualification/Fraud

Failure to comply with the TNCs is a cause for immediate disqualification from the FREEMILK21 Sale. BE reserves the right to disqualify any user not conforming to the TNCs at any time. In a case where it is determined that an in-eligible user, who is disqualified to participate in the FREEMILK21 Sale, wins a Offer Prize, BE reserves all rights to the ownership and return of the Offer Prize.

Misrepresentation

BE shall assume no responsibility for any communication not authorised by BE with respect to the FREEMILK21 Sale. This includes, but is not limited to, any fraud or misrepresentation caused by any third-party administrators resulting in loss or injury to the user. Users are cautioned that BE does not run any call centre. In case any user wishes to communicate, the user may communicate at the following number/email:

 Phone: +91 9816-52-9816

Land Line: 022 3557 5602

E-mail: contact@beviyant.com

 

BE WALLET – TERMS & CONDITIONS 

Please read the following terms and conditions (“T&Cs”) carefully before registering for, accessing or using the BE Wallet (as defined below), located at www.beginviyant.com or the Beginviyant mobile application or any similar platform (hereinafter referred to as Beginviyant Platform “BE”) on any device and/or before availing any e-wallet services that may be offered by BE (as defined below) on the Beginviyant Platform (hereinafter, individually BE Wallet Service and collectively, the BE Wallet Services). The BE Wallet is issued by and the BE Wallet Services are provided by M/s Beginviyant Enterprises LLP, a Limited Liability Partnership Firm registered under the Limited Liability Partnership Act, 2008 having its registered office at B-3, GAUTAM SAMTA SEVA SANGH, BEHIND COMMUNITY HALL, GOVT. COLONY, BANDRA EAST, MUMBAI – 400051, MAHARASHTRA (“BE”). The customers using the BE Wallet may load amounts in the wallet through their credit or debit cards, and the amounts in the BE Wallet may be used for making payments towards transactions done by customers on the Beginviyant Platform. Customers shall not be permitted to make any cash withdrawals from the BE Wallet. By registering for or using BE Wallet, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs.

ELIGIBILITY:

The BE Wallet Services are not available to persons under the age of 18 or to anyone previously suspended or removed by BE from availing the BE Wallet Services or accessing the BE Platform. By accepting the T&Cs or by otherwise using the BE Wallet Services on the BE Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by BE, or disqualified for any other reason, from availing the BE Wallet Services or using the BE Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, BE reserves the right to suspend or permanently prevent you from availing BE Wallet Services or using the BE Platform.

DEFINITIONS:

“Customer” or “you” means a person who has registered with BE Platform and avails the BE Wallet, and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet compatible device that supports the BE Wallet and the BE Platform.

“BE Wallet” means the closed system pre-paid payment instrument issued by BE.

“BE Wallet Account” means the Customer BE Wallet account classified as closed system payment instruments issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from BE Platform.

“Enrolment Form” means the BE Wallet enrolment form, as is required by BE from the Customer at the time of registration for availing and/or continuation of the BE Wallet.

“KYC” stands for know your customer and refers to the personal identification and other information required by BE from you before any BE Wallet Services can be delivered. KYC documents/information may be required by BE from the Customer at the time of registration and/or on a later date, for availing and/or continuation of the BE Wallet.

“Password” means the secret password used to secure BE Wallet applications, without knowledge of which your BE Wallet will not be operable.

“Transaction” means purchase of eligible products on the BE Platform.

DOCUMENTATION:

The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and BE reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. BE reserves the right to discontinue services or reject applications for BE Wallet at any time if there are discrepancies in information and/or documentation by you.

You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.

Any information provided to BE with the intention of securing BE Wallet services shall vest with BE, and may be used by BE, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.

General Conditions for BE Wallet:

You will be issued a BE Wallet Account immediately after successful registration.

You may add money to or recharge your BE Wallet through online payment methods such as domestic credit/debit card, net banking, UPI and other wallets. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your BE Wallet. Except as provided hereunder, amounts in your BE Wallet will not be refunded to you under any circumstances.

You may note that withdrawing money from BE Wallet is not allowed. Any outstanding credit in the BE Wallet must be utilized only to make payments for bona fide Transactions.

BE Wallets are available only to resident Indians who have attained the age of 18 years and are competent to contract.

BE Wallets are not transferable.

You may add money into your BE Wallet upto a maximum of INR 10,000 (Rupees Ten Thousand) per transaction. This limit will be inclusive of any credits made by you and any refunds received by you for any Transactions in your BE Wallet. Additionally, the balance in your BE Wallet shall not exceed INR 10,000 (Rupees Ten Thousand Only) at any relevant time of determination. These limits may be reviewed and modified at the discretion of BE without prior intimation to the Customer.

BE reserves the right to suspend/discontinue BE Wallet services to you at any time, for any cause, including, but not limited, to the following-

For any suspected violation of the T&Cs;

For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;

To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;

If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;

If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

If the mobile connection with which your BE Wallet is related ceases to be operational or in your possession or control;

If BE believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.

The value stored on your BE Wallet shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide Transactions. No interest will be payable by BE on the available balance reflected on the BE Wallet.

You are permitted to maintain and operate only one BE Wallet. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by BE of any of all BE Wallets associated with you on the BE Platform. Any operation of or continued availability of any facility respect to the BE Wallets from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.

BE Wallet Validity:

Any value in your BE Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your BE Wallet. BE does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using BE Wallet.

BE Wallet Expiry and Balance Forfeiture.

Your BE Wallet account stays active & there is no expiry date for your wallet balance.

Customer Obligations:

Any value in your BE Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your BE Wallet. BE does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using BE Wallet.

BE Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. BE Wallet availability is subject to the maintenance of a mobile phone handset and other application on which BE Platform can run and the Customer is solely responsible for all liability arising from unavailability of the BE Platform due to a deficient mobile handset or the internet service provider not being able to support any BE Wallet channel or application.

You must ensure the availability of sufficient funds in your BE Wallet before executing any Transaction from your BE Wallet.

You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of BE Wallet. In case the Password is lost or misplaced, you shall promptly inform BE by calling on the customer care numbers where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your BE Wallet is lost/stolen/misplaced/no longer in your control, you shall promptly inform BE. BE will, upon receipt of such information, block the relevant account.

You acknowledge and understand that BE Wallet is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.

Information submitted by you for availing BE Wallet and/or information submitted while using BE Wallet may be shared by BE with any affiliate of BE or any third party, inter alia, to facilitate the provision of BE Wallet or for the purposes specified in the T&Cs.

 

Indemnification:

You agree to indemnify, save, and hold BE, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to : (i) your use or misuse of the BE Wallet; (ii) any violation by you of the T&Cs, including the BE Wallet Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. BE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BE, including rights to settle, and you agree to cooperate with BE’s defense and settlement of these claims. BE will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these T&Cs, including the BE Wallet Terms.

Additional T&C:

Any amount transferred erroneously by the Customer, while adding money to or recharging the BE Wallet or while executing Transaction on BE Platform, shall not be refunded to the Customer by BE in any circumstances.

Any web-link on the BE Platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link.

In the event of any Dispute (defined below), BE records shall be binding as the conclusive evidence of the Transactions carried out through the use of BE Wallet.

BE shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.

You agree to receive all commercial messages including transactional messages from BE.

The parties are independent contractors and nothing in these BE Wallet Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership.

Amendment of Terms, BEGINVIYANT Platform:

BE may modify, terminate and/or suspend BE Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators. BE reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting notification on the BE Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the BE Platform, availing the BE Wallet service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the BE Platform/BE Wallet. For certain changes, BE may be required under applicable law to give you advance notice, and BE will comply with such requirements. Your continued use of the BE Platform and the BE Wallet following the posting of changes will mean that you accept and agree to the changes.

Confidentiality:

You specifically agree that in order to facilitate the provision of BE Wallet, BE may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.

Assignment, Restrictions on Information Sharing, Privacy:

These T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without BE’s prior written consent which may be withheld in BE’s sole discretion, but these T&Cs, and any rights granted hereunder, may be assigned by BE freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.

By accepting the BE Wallet Terms here and the T&Cs in general, you agree to be customers of BE. In addition, by accepting the BE Wallet Terms here and the T&Cs in general, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring BE’s rights and obligations under the BE Wallet Terms in favour of any affiliate of BE or any third party; (b) for using the BE Platform and availing the BE Wallet Services by you subject to any specific terms and conditions imposed by any affiliate of BE; (c) for receiving communications, notices and information from BE or any affiliate of BE; (d) for sharing of business information (including any information relating to you or the services being availed by you) in relation to the BE Wallet service (including data analytics) between BE and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to BE’s customers (including you); (ii) provision of better services by BE’s vendors and Merchant Establishments; (iii) to prevent any breach of a binding agreement between BE and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by BE or any affiliate of BE; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of BE or of any affiliate of BE; or (vi) BE retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times BE or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with BE to provide products and services, or that help BE market to customers. Personal information will only be shared by BE to provide or improve BE’s products, services and advertising, and will always be shared in compliance with applicable laws.

BE, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in BE’s products and services offering any products or services from any BE Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for BE to disclose your personal information. BE may also disclose information about you if BE determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate

BE may also disclose information about you if BE determines that disclosure is reasonably necessary to enforce the BE Wallet Terms here or the T&Cs in general or protect BE’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of BE’s business or products or services offered through any BE Platform to any persons (including any affiliates), BE may transfer any and all personal information that BE collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees., BE may transfer any and all personal information that BE collects to the relevant transferee or enter into contractual agreements to share such information with such third party transferee.

BE’s privacy policy applies to use of the BE Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the BE Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the BE Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Intellectual Property Rights:

BE, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (hereinafter IP Rights), in and to the BE Platform, BE Wallet Services, BE Wallet or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the BE Platform, BE Wallet Services or BE Wallet or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the BE Platform or BE Wallet or use the BE Platform or BE Wallet to create a competing product. The “BE” brand is owned by Supermarket Grocery Stores Limited Liability Partnership Firm “BEGINVIYANT ENTERPRISES LLP” which has been licensed to BE by BE. Unauthorized use of “BE” as a word, trademark, symbol, device mark or word mark, is strictly prohibited. All rights are expressly reserved by BE and BEGINVIYANT to use the brand of “BE” in all its forms and variations.

Disclaimer, No Warranties:

BE gives no warranty, express or implied, with respect to the BE Platform and BE Wallet. To the fullest extent permissible, pursuant to applicable law, BE and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. BE provides the BE Platform and the BE Wallet and any other technology and services on the BE Platform are on an “as is”, “where is”, “with all fault” basis.

No advice or information, whether oral or written, obtained by you from BE or through the BE Wallet or the BE Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “BE” includes BE’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the BE Wallet on the BE Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the BE Platform or on the Internet generally.

The BE Wallet and the BE Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. BE, and its third-party suppliers, licensors, and partners do not warrant that the data, BE software, functions, or any other information offered on or through the BE Wallet Services/BE Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

BE and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the BE Wallet Services/BE Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the BE Wallet Services/BE Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement.

This section shall survive termination of the T&Cs. In no event will BE be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the BE Platform.

Waiver and Release:

The failure of BE to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by BE. To the maximum extent permitted by law, you waive, release, discharge and hold harmless BE, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the BE Platform or BE Wallet.

 

Consent to Electronic Communications and Transactions:

By registering to use the BE Wallet, you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when BE sends an electronic communication to your e-mail address/mobile number as per our records, or when BE posts an electronic communication on the BE Platform. The pre-requisites for effective electronic Transactions and communications are as follows: (a) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and (b) you must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting BE, but BE reserves the right to terminate your BE Wallet Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify BE promptly if your email address, mobile number or other contact information changes by updating your account information or contacting BE

 

Limitation of Liability:

In no event, BE or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) these T&Cs; (ii) the BE Wallet, the BE Platform or any reference site/app/platform/service; or (iii) your use or inability to use the BE Wallet, the BE Platform (including any and all materials) or any reference sites/app/platform/service or (iv) any other interactions with BE, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if BE or a BE authorized representative has been advised of the possibility of such damages. You acknowledge and agree that BE has offered its products and services, set its prices, and entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and BE, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and BE. BE would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, BE’s liability will be limited to the fullest extent permitted by applicable law. This section of the BE Wallet Terms shall survive the termination of these T&Cs.

 

Dispute Resolution:

If any dispute, controversy or claim arises under these T&Cs or in relation to a BE Wallet or the BE Platform, including any question regarding the existence, validity or termination of the BE Wallet Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, BE may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either you or BE may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to you or BE (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor BE may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and BE. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.

 

Governing Law:

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against BE must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.

 

Severability:

If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Cs to the

extent required, and the remaining provisions will remain valid and enforceable.

 

Customer Service:

Any questions, comments or complaints related to your BE Wallet should be referred to BE customer care by email to customerservice@beviyant.com, or by calling our customer service number at 022 3557 5602.

BE WALLET – TERMS & CONDITIONS 

Please read the following terms and conditions (“T&Cs”) carefully before registering for, accessing or using the BE Wallet (as defined below), located at www.beginviyant.com or the Beginviyant mobile application or any similar platform (hereinafter referred to as Beginviyant Platform “BE”) on any device and/or before availing any e-wallet services that may be offered by BE (as defined below) on the Beginviyant Platform (hereinafter, individually BE Wallet Service and collectively, the BE Wallet Services). The BE Wallet is issued by and the BE Wallet Services are provided by M/s Beginviyant Enterprises LLP, a Limited Liability Partnership Firm registered under the Limited Liability Partnership Act, 2008 having its registered office at B-3, GAUTAM SAMTA SEVA SANGH, BEHIND COMMUNITY HALL, GOVT. COLONY, BANDRA EAST, MUMBAI – 400051, MAHARASHTRA (“BE”). The customers using the BE Wallet may load amounts in the wallet through their credit or debit cards, and the amounts in the BE Wallet may be used for making payments towards transactions done by customers on the Beginviyant Platform. Customers shall not be permitted to make any cash withdrawals from the BE Wallet. By registering for or using BE Wallet, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs.

ELIGIBILITY:

The BE Wallet Services are not available to persons under the age of 18 or to anyone previously suspended or removed by BE from availing the BE Wallet Services or accessing the BE Platform. By accepting the T&Cs or by otherwise using the BE Wallet Services on the BE Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by BE, or disqualified for any other reason, from availing the BE Wallet Services or using the BE Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, BE reserves the right to suspend or permanently prevent you from availing BE Wallet Services or using the BE Platform.

 

DEFINITIONS:

“Customer” or “you” means a person who has registered with BE Platform and avails the BE Wallet, and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet compatible device that supports the BE Wallet and the BE Platform.

“BE Wallet” means the closed system pre-paid payment instrument issued by BE.

“BE Wallet Account” means the Customer BE Wallet account classified as closed system payment instruments issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from BE Platform.

“Enrolment Form” means the BE Wallet enrolment form, as is required by BE from the Customer at the time of registration for availing and/or continuation of the BE Wallet.

“KYC” stands for know your customer and refers to the personal identification and other information required by BE from you before any BE Wallet Services can be delivered. KYC documents/information may be required by BE from the Customer at the time of registration and/or on a later date, for availing and/or continuation of the BE Wallet.

“Password” means the secret password used to secure BE Wallet applications, without knowledge of which your BE Wallet will not be operable.

“Transaction” means purchase of eligible products on the BE Platform.

 

DOCUMENTATION:

The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and BE reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. BE reserves the right to discontinue services or reject applications for BE Wallet at any time if there are discrepancies in information and/or documentation by you.

You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.

Any information provided to BE with the intention of securing BE Wallet services shall vest with BE, and may be used by BE, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.

General Conditions for bE Wallet:

You will be issued a BE Wallet Account immediately after successful registration.

You may add money to or recharge your BE Wallet through online payment methods such as domestic credit/debit card, net banking, UPI and other wallets. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your BE Wallet. Except as provided hereunder, amounts in your BE Wallet will not be refunded to you under any circumstances.

You may note that withdrawing money from BE Wallet is not allowed. Any outstanding credit in the BE Wallet must be utilized only to make payments for bona fide Transactions.

BE Wallets are available only to resident Indians who have attained the age of 18 years and are competent to contract.

BE Wallets are not transferable.

You may add money into your BE Wallet upto a maximum of INR 10,000 (Rupees Ten Thousand) per transaction. This limit will be inclusive of any credits made by you and any refunds received by you for any Transactions in your BE Wallet. Additionally, the balance in your BE Wallet shall not exceed INR 10,000 (Rupees Ten Thousand Only) at any relevant time of determination. These limits may be reviewed and modified at the discretion of BE without prior intimation to the Customer.

BE reserves the right to suspend/discontinue BE Wallet services to you at any time, for any cause, including, but not limited, to the following-

For any suspected violation of the T&Cs;

For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;

To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;

If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;

If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;

If the mobile connection with which your BE Wallet is related ceases to be operational or in your possession or control;

If BE believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.

The value stored on your BE Wallet shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide Transactions. No interest will be payable by BE on the available balance reflected on the BE Wallet.

You are permitted to maintain and operate only one BE Wallet. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by BE of any of all BE Wallets associated with you on the BE Platform. Any operation of or continued availability of any facility respect to the BE Wallets from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.

BE Wallet Validity:

Any value in your BE Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your BE Wallet. BE does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using BE Wallet.

BE Wallet Expiry and Balance Forfeiture.

Your BE Wallet account stays active & there is no expiry date for your wallet balance.

 

Customer Obligations:

Any value in your BE Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your BE Wallet. BE does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using BE Wallet.

BE Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. BE Wallet availability is subject to the maintenance of a mobile phone handset and other application on which BE Platform can run and the Customer is solely responsible for all liability arising from unavailability of the BE Platform due to a deficient mobile handset or the internet service provider not being able to support any BE Wallet channel or application.

You must ensure the availability of sufficient funds in your BE Wallet before executing any Transaction from your BE Wallet.

You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of BE Wallet. In case the Password is lost or misplaced, you shall promptly inform BE by calling on the customer care numbers where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your BE Wallet is lost/stolen/misplaced/no longer in your control, you shall promptly inform BE. BE will, upon receipt of such information, block the relevant account.

You acknowledge and understand that BE Wallet is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.

Information submitted by you for availing BE Wallet and/or information submitted while using BE Wallet may be shared by BE with any affiliate of BE or any third party, inter alia, to facilitate the provision of BE Wallet or for the purposes specified in the T&Cs.

Indemnification:

You agree to indemnify, save, and hold BE, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to : (i) your use or misuse of the BE Wallet; (ii) any violation by you of the T&Cs, including the BE Wallet Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. BE reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify BE, including rights to settle, and you agree to cooperate with BE’s defense and settlement of these claims. BE will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these T&Cs, including the BE Wallet Terms.

Additional T&C:

Any amount transferred erroneously by the Customer, while adding money to or recharging the BE Wallet or while executing Transaction on BE Platform, shall not be refunded to the Customer by BE in any circumstances.

Any web-link on the BE Platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link.

In the event of any Dispute (defined below), BE records shall be binding as the conclusive evidence of the Transactions carried out through the use of BE Wallet.

BE shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.

You agree to receive all commercial messages including transactional messages from BE.

The parties are independent contractors and nothing in these BE Wallet Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership.

 

Amendment of Terms, BEGINVIYANt Platform:

BE may modify, terminate and/or suspend BE Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators. BE reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting notification on the BE Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the BE Platform, availing the BE Wallet service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the BE Platform/BE Wallet. For certain changes, BE may be required under applicable law to give you advance notice, and BE will comply with such requirements. Your continued use of the BE Platform and the BE Wallet following the posting of changes will mean that you accept and agree to the changes.

Confidentiality:

You specifically agree that in order to facilitate the provision of BE Wallet, BE may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.

 

Assignment, Restrictions on Information Sharing, Privacy:

These T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without BE’s prior written consent which may be withheld in BE’s sole discretion, but these T&Cs, and any rights granted hereunder, may be assigned by BE freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.

By accepting the BE Wallet Terms here and the T&Cs in general, you agree to be customers of BE. In addition, by accepting the BE Wallet Terms here and the T&Cs in general, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring BE’s rights and obligations under the BE Wallet Terms in favour of any affiliate of BE or any third party; (b) for using the BE Platform and availing the BE Wallet Services by you subject to any specific terms and conditions imposed by any affiliate of BE; (c) for receiving communications, notices and information from BE or any affiliate of BE; (d) for sharing of business information (including any information relating to you or the services being availed by you) in relation to the BE Wallet service (including data analytics) between BE and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to BE’s customers (including you); (ii) provision of better services by BE’s vendors and Merchant Establishments; (iii) to prevent any breach of a binding agreement between BE and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by BE or any affiliate of BE; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of BE or of any affiliate of BE; or (vi) BE retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times BE or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with BE to provide products and services, or that help BE market to customers. Personal information will only be shared by BE to provide or improve BE’s products, services and advertising, and will always be shared in compliance with applicable laws.

BE, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in BE’s products and services offering any products or services from any BE Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.

It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for BE to disclose your personal information. BE may also disclose information about you if BE determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate

BE may also disclose information about you if BE determines that disclosure is reasonably necessary to enforce the BE Wallet Terms here or the T&Cs in general or protect BE’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of BE’s business or products or services offered through any BE Platform to any persons (including any affiliates), BE may transfer any and all personal information that BE collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees., BE may transfer any and all personal information that BE collects to the relevant transferee or enter into contractual agreements to share such information with such third party transferee.

BE’s privacy policy applies to use of the BE Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the BE Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the BE Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

Intellectual Property Rights:

BE, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (hereinafter IP Rights), in and to the BE Platform, BE Wallet Services, BE Wallet or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the BE Platform, BE Wallet Services or BE Wallet or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the BE Platform or BE Wallet or use the BE Platform or BE Wallet to create a competing product. The “BE” brand is owned by Supermarket Grocery Stores Limited Liability Partnership Firm “BEGINVIYANT ENTERPRISES LLP” which has been licensed to BE by BE. Unauthorized use of “BE” as a word, trademark, symbol, device mark or word mark, is strictly prohibited. All rights are expressly reserved by BE and BEGINVIYANT to use the brand of “BE” in all its forms and variations.

 

Disclaimer, No Warranties:

 

BE gives no warranty, express or implied, with respect to the BE Platform and BE Wallet. To the fullest extent permissible, pursuant to applicable law, BE and its third-party partners, licensors and suppliers disclaim all warranties or guarantees – whether statutory, express or implied – including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. BE provides the BE Platform and the BE Wallet and any other technology and services on the BE Platform are on an “as is”, “where is”, “with all fault” basis.

No advice or information, whether oral or written, obtained by you from BE or through the BE Wallet or the BE Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “BE” includes BE’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the BE Wallet on the BE Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the BE Platform or on the Internet generally.

The BE Wallet and the BE Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. BE, and its third-party suppliers, licensors, and partners do not warrant that the data, BE software, functions, or any other information offered on or through the BE Wallet Services/BE Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.

BE and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the BE Wallet Services/BE Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the BE Wallet Services/BE Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement.

This section shall survive termination of the T&Cs. In no event will BE be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the BE Platform.

 

Waiver and Release:

The failure of BE to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by BE. To the maximum extent permitted by law, you waive, release, discharge and hold harmless BE, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the BE Platform or BE Wallet.

Consent to Electronic Communications and Transactions:

By registering to use the BE Wallet, you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when BE sends an electronic communication to your e-mail address/mobile number as per our records, or when BE posts an electronic communication on the BE Platform. The pre-requisites for effective electronic Transactions and communications are as follows: (a) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and (b) you must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting BE, but BE reserves the right to terminate your BE Wallet Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify BE promptly if your email address, mobile number or other contact information changes by updating your account information or contacting BE

Limitation of Liability:

In no event, BE or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) these T&Cs; (ii) the BE Wallet, the BE Platform or any reference site/app/platform/service; or (iii) your use or inability to use the BE Wallet, the BE Platform (including any and all materials) or any reference sites/app/platform/service or (iv) any other interactions with BE, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if BE or a BE authorized representative has been advised of the possibility of such damages. You acknowledge and agree that BE has offered its products and services, set its prices, and entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and BE, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and BE. BE would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, BE’s liability will be limited to the fullest extent permitted by applicable law. This section of the BE Wallet Terms shall survive the termination of these T&Cs.

 

Dispute Resolution:

If any dispute, controversy or claim arises under these T&Cs or in relation to a BE Wallet or the BE Platform, including any question regarding the existence, validity or termination of the BE Wallet Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, BE may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Mumbai and the language of this arbitration shall be English. Either you or BE may seek any interim or preliminary relief from a court of competent jurisdiction in Mumbai necessary to protect the rights or the property belonging to you or BE (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor BE may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and BE. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.

Governing Law:

Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against BE must be resolved by a court having jurisdiction in Mumbai, India. You agree to submit to the personal jurisdiction of the courts located within Mumbai, India, for the purpose of litigating all such claims or disputes. These T&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.

Severability:

If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Cs to the

extent required, and the remaining provisions will remain valid and enforceable.

Customer Service:

Any questions, comments or complaints related to your BE Wallet should be referred to BE customer care by email to customerservice@beviyant.com, or by calling our customer service number at 022 3557 5602.

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