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Thank you for using Insta7. These terms of service are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of Insta7 website at www.insta7.com and any related mobile or software applications including but not related to delivery of information via the website whether existing now or in the future that link to the terms (collectively, the “Services”)
Existing and Future Insta7 customers, including but without limitation to users having access to Fast Moving Consumer Goods (FMCG)or Consumer Packaged Goods (CPG)are products that are sold quickly and at relatively low cost, include non-durable goods such as soft drinks, toiletries, toys and many other consumables, like Diet Food, Groceries, House hold essentials, to manage their claimed business listings.
Insta7 reserves the right to provide the services in any area or city in India, as may be determined by Insta7 in its sole discretion. Before applying or registering for availing any of the services, We request You to please check if the services are available in Your area or city. Last mile delivery is provided by engaging third-party delivery service providers.
Insta7 does not:(i)adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to its services;(ii)discriminate between Users of the same class or make any arbitrary classification of the Users and (iii)discriminate between the third-party delivery service providers.
Please read the Privacy Notice terms carefully prior to using or registering on the Platform or accessing any material, information or availing any services through the Platform.
This Privacy Notice specifies the manner in which Your information is collected, received, stored, processed, disclosed, transferred, dealt with or otherwise handled by Us. This Privacy Notice does not apply to information that You provide to, or that is collected by, any third-party through the Platform, and any Third-Party Sites that You access or use in connection with the services offered on the Platform.
By visiting the Platform or setting up/creating an user account (Account)on the Platform, You accept and agree to be bound by the terms and conditions of this Privacy Notice and consent to Us collecting, storing, processing, transferring and sharing information including Your Personal Information (defined below)in accordance with this Privacy Notice.
Further, in case You are under the age of 18 years, You (i)accept and acknowledge that You are accessing the Platform through a parent or a legal guardian who is of a legal age to form a binding contract under the Indian Contract Act, 1872 and such person has accepted this Privacy Notice on Your behalf to bind You;and (ii)hereby acknowledge that You are accessing this Platform under the supervision of Your parent or legal guardian and have their express permission to use the services.
We may update this Privacy Notice in order to comply with the business or regulatory or administrative requirements. If We make any significant changes to this Privacy Notice, We may endeavour to provide You with reasonable notice of such changes, such as via prominent notice on the Platform or any other communication channels on record. To the extent permitted under applicable law, Your continued use of the services after We publish or send a notice about the changes to this Privacy Notice shall constitute Your consent to the updated Privacy Notice.
This Privacy Notice is incorporated into and subject to the terms of use available on the Platform (“Terms”)and shall be read harmoniously and in conjunction with the Terms. All capitalised terms used herein however not defined under this Privacy Notice shall have the meaning ascribed to them under the Terms.
We collect various information from You when You access or visit the Platform, register or set up an Account on the Platform or use the Platform. You may browse certain sections of the Platform and the Content, without registering an Account on the Platform. However, to avail certain services on the Platform, You are required to set up an Account on the Platform. This Privacy Notice applies to information(s), as mentioned below and collected about You:
a)Personal Information:You may provide certain information to Us voluntarily while registering on the Platform for availing services including but not limited to Your complete name, mobile number, email address, date of birth, gender, age, address details, KYC related information such as Permanent Account Number (PAN), passport, driving licence, the voter's identity card issued by the Election Commission of India, or any other document recognized by the Government for identification, income details, Your business or professional details, videos or other online/ offline verification documents as mandated by relevant regulatory authorities, Your health and lifestyle related information and any other information voluntarily provided through the Platform, together with Your internet protocol address, web request, operating system, browser type, other browsing information (connection, speed, connection type etc.), device type, the device's telephone number (“Personal Information”). The act of providing Your Personal Information is voluntary in nature and We hereby agree and acknowledge that We will collect, use, store, transfer, deal with and share such details in compliance with applicable laws and this Privacy Notice.
b)Sensitive Personal Information:For the purpose of this Privacy Notice, Sensitive Personal Information consists of information relating to the following:
i)passwords;
ii)financial information such as bank account or credit card or debit card or other payment instrument details;
iii)physical, physiological and mental health condition;
iv)any details relating to the above as provided to a body corporate for providing services;and
v)any details relating to the above, received by a body corporate for processing, stored or processed under lawful contract or otherwise.
vi)any other information that may be regarded as Sensitive Personal Information” as per the prevailing law for the time being in force.
Provided that, any information that is freely available or accessible in public domain or furnished under the Right to Information Act, 2005 or any other law for the time being in force shall not be regarded as Personal Information or Sensitive Personal Information.
you may be asked for the payment details to process payments for the services. You may also be asked to provide certain additional information about Yourself on a case to case basis.
c)Transactional Information:If You choose to avail the services through the Platform, We will also collect and store information about Your transactions including transaction status, order history, number of transactions, details and Your behaviour or preferences on the Platform. All transactional information gathered by Us shall be stored on servers, log files and any other storage system owned by any of Us or by third parties. Your Short Messaging Service (SMS(es))that are stored on Your device for the purposes of, including but not limited to, registering You and Your device for the purpose of Products and services, OTPs for logins, enhancing Your security are also collected and processed by Us
d)Location based information:When and if You download and/or use the Platform through Your mobile, tablet, and/or any other computer sources or electronic devices, We may receive information about Your location, Your IP address, internet bandwidth, mobile device model, browser plug-ins including a unique identifier number for Your device. The information You provide may be used to provide You with location-based services including but not limited to search results and other personalised content. If You permit the Platform to access Your location through the permission system used by Your device operating system, the precise location of Your device when the Platform is running in the foreground or background may be collected. You can withdraw Your consent at any time by disabling the location tracking functions on Your device. However, this may affect Your experience of certain functionalities on the Platform. In addition to the above, Your IP address is identified and used to also help diagnose problems with Our server, resolve such problems and administer the Platform. Your IP address is also used to help identify You and to gather broad demographic information.
The primary goal in doing so is to provide You a safe, efficient, smooth, and customised experience on the Platform. The information collected allows us to provide the services and/or features on the Platform that most likely meet Your needs, and to customize the Platform to make Your experience safer and easier. More importantly, while doing so, We collect the abovementioned Personal Information from You that We consider necessary for achieving this purpose.
We may also collect certain non-personal information, such as URL, internet service provider, aggregate user data, software and hardware attributes, the URL of the previous website visited by You, list of third-party applications being used by You, pages You request, and cookie information, etc. which will not identify with You specifically, the activities conducted by You (“Non - Personal Information”), while You browse, access or use the Platform. We receive and store Non-Personal Information by the use of data collection devices such as “cookies” on certain pages of the Platform for various purposes, including authenticating Users, store information (including on Your device or in Your browser cache)about Your use of our services, remembering User preferences and settings, determining the relevancy of content, delivering and measuring the promotional effectiveness, and promote trust and safety, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people. Certain additional features may be offered on the Platform that are only available through use of a “cookie”. We place both permanent and temporary cookies in Your device. We may also use cookies from third party partners for marketing and analytics purposes.
You are always free to decline such cookies if Your browser permits, although in that case, You may not be able to use certain features or services being provided on the Platform. Please refer to our Cookie Policy for additional details.
In general, You can browse the Platform without telling Us who You are or revealing any Personal Information about Yourself. In such a case, We will only collect and store the Non - Personal Information. Once You give Us Your Personal Information, You are not anonymous to Us. Wherever possible, while providing the information to Us, We indicate which fields are mandatory and which fields are optional for You. You always have the option to not provide the Personal Information to Us through the Platform by choosing to not use a particular Service or feature being provided on the Platform, which requires You to provide such information. We may automatically track certain information about You based upon Your behaviour on the Platform. We use this information to do internal research on Your demographics, interests, and behaviour to better understand, protect and prove service to You. This information is compiled and analysed by Us on an aggregated basis and not individually, in a manner that does not specifically identify You. If You choose to post messages on the Platform’s message boards, chat rooms or other message areas or leave feedback, We will collect and store such information You provide to Us. We retain this information as necessary to resolve disputes, provide customer support, respond to queries, and inquiries, and troubleshoot problems and improve the services.
If You send Us correspondence, such as emails or letters, or if other users or third parties send Us correspondence about Your activities or postings on the Platform, We may collect and retain such information into a file specific to You for responding to Your request and addressing concerns in relation to Your use of the Platform.
We shall be entitled to retain Your Personal Information and other information for such duration as may be required for the purposes specified hereunder and will be used only in accordance with this Privacy Notice
e)Additional Information:We may obtain information You voluntarily share with Us through interactions on Our social media channels, participation in surveys or by submission of feedback. Through these engagements and in order to provide the services You have accessed on Our Platform, We may also gain insights into certain Personal Information, such as Your preferences for Products and services.
You may also provide the information directly when You create an account on Our Platform or on phone or via chat with Us or when You provide any feedback to Us.
We use the information in accordance with law, for the following:
a)to create Your account and verification of Your identity and access privileges
b)to provide You the access to the Products and services offered by Us, Sellers, or business partners and improve the services on the Platform that You request;
c)for internal business purposes and services, including without limitation, warehousing services, delivery services, IT support services, and data analysis services;
d)to resolve disputes, to manage Your requests and complaints, administer Our service and diagnose/ troubleshoot technical problems;
e)to help promote a safe service on the Platform and protect the security and integrity of the Platform, the services and the users;
f)to design and improve the products and services and customer relationship management processes;
g)to collect money from You in relation to the services,
h)to inform You about online and offline offers, products, services, and updates;
i)to customize Your experience on the Platform or share marketing material with You;
j)to detect, prevent and protect Us from any errors, fraud and other criminal or prohibited activity on the Platform;
k)to enforce and inform about Our Terms of Use;
l)to process and fulfil Your request for services or respond to Your comments, and queries on the Platform;
m)to audit, monitor and enhance Our internal processes for smooth functioning of Our Platform and also to ensure effectiveness of internal procedures.
n)to contact You through email, SMS, WhatsApp, telephone and any other mode of communication in relation to the services;
o)to allow Our service providers, business partners and/or associates to communicate with You;
p)to allow third parties to contact You for Products and services availed/requested by You on company Platform or third-party links
q)To identify and respond to security incidents and threats;to examine, prevent, and take corrective action against unlawful activities or suspected fraud, as part of audits or investigations carried out by Us.
r)to communicate important notices or changes in the services, use of the Platform and the Terms/policies which govern the relationship between You and Us, as applicable;
s)to conform to the legal requirements, compliance/reporting to regulatory authorities, as may be required and to comply with applicable laws;
t)to carry out Our obligations and enforce Our rights arising from any contract entered into between You and Us;and
u)to carry out research with relevant partners.
v)to carry out other legitimate business cases
w)to carry out marketing, advertising or promotional activities
x)for any other purpose after obtaining Your consent at the time of collection(collectively “Purposes”).
a)Business Partners:We may disclose Your Personal Information to third party Sellers, service providers, merchants, delivery partners, marketing or advertising partners, consultants, partners for carrying out research and other service providers who work for either of Us or provide services through the Platform. This disclosure may be required, for instance, to provide You access to the services and process payments including validation of Your Payment Details, to facilitate and assist marketing and advertising activities/initiatives, for undertaking auditing or data analysis, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to the services. You expressly consent to the sharing of Your information with third party service providers, including payment gateways, to process payments and manage Your payment-related information.
b)Compliance with law:We may disclose Your information including Personal Information, to the extent necessary:(a)to comply with laws, regulatory requirements and to respond to lawful requests and legal process or an investigation, (b)to protect Our rights and property, the users, and others, including to enforce the Terms or to prevent any illegal or unlawful activities, and (c)in an emergency to protect Our personal safety and assets the users, or any person. In all such events We shall in no manner be responsible for informing You or seeking Your approval or consent. We may also share aggregated anonymized (and de-identified)information with third parties at Our discretion.
c)Acquisition Sale or Merger:We may, in compliance with applicable laws, share all of Your Personal Information (including Sensitive Personal Information)and other information with any other business entity(ies), in the event of a merger, sale, reorganisation, amalgamation, joint ventures, assignment, restructuring of business or transfer or disposition of all or any portion of any of Us.
d)Sharing of information with any member of Our Group or affiliated entities, third parties and transfer outside India:Subject to applicable law, We may at Our sole discretion, share Personal Information (including Sensitive Personal Information)to Our Group or affiliated entities, any third party that ensures at least the same level of data protection as is provided by Us under the terms hereof, located in India or any other country. By using the Platform, You accept the terms hereof and hereby consent to Us, sharing of Your Personal Information and Sensitive Personal Information to Our Group or affiliated entities, third parties, including in any location outside India, The Personal Information We process may be transferred to countries outside Your current location. For instance, We may transfer Your information to locations where some of Our Service Providers/Processors are based. For further details on these transfer mechanisms, You may reach out to Us. For the purpose of this clause the term “Group” shall mean, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, including any Relative or Related Party (as such term defined in the Companies Act, 2013 to the extent applicable)of such person, holding, subsidiary Companies, etc.
You also specifically agree and consent to Us collecting, storing, processing, transferring, and sharing information (including Personal Information and Sensitive Personal Information)related to You with third parties such as with entities registered under applicable laws including payment gateways and aggregators, solely for Us to provide services to You including processing Your transaction requests for the services or to improve Your experience on the Platform.
While We may share Your Personal Information and Sensitive Personal Information with third parties, including regulatory bodies, governmental authorities and financial institutions, We are committed to enforcing equal or more stringent privacy protection obligations with these third parties, wherever applicable and feasible. We take reasonable measures to ensure these third parties process information in accordance with Our Privacy Notice though processing and protection ultimately fall under the governance of their policies and applicable laws. As such, We disclaim responsibility or liability for these third parties' handling of Your information.
The Platform has reasonable security measures and safeguards in place to protect Your privacy and Personal Information from loss, misuse, unauthorized access, disclosure, destruction, and alteration, in compliance with applicable laws. Further, whenever You change or access Your Account on the Platform or any information relating to it, the use of a secure server is offered. It is further clarified that You have and so long as You access and/or use the Platform (directly or indirectly)the obligation to ensure that You shall at all times take adequate physical, managerial, and technical safeguards, at Your end, to preserve the integrity and security of Your information which shall include and not be limited to Your Personal Information.
You will be responsible for maintaining the confidentiality of the Account information and are fully responsible for all activities that occur under Your Account. You agree to (a)immediately notify Us of any unauthorised use of Your Account information or any other breach of security, and (b)ensure that You exit from Your Account at the end of each session. We cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by any of Us or any other user of or visitor to the Platform due to authorised or unauthorised use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Additionally, You are responsible for keeping Your login ID and password confidential and secure. Please avoid sharing Your login credentials, password or OTP with anyone. It is Your responsibility to promptly inform Us of any actual or suspected compromise of Your Personal Information.
When payment information is being transmitted on or through the Platform, it will be protected by encryption technology. Hence, We cannot guarantee that transmissions of Your payment-related information or Personal Information will always be secure or that unauthorized third parties will never be able to defeat the security measures taken by Us or Our third-party service providers. We assume no liability or responsibility for disclosure of Your information due to errors in transmission, unauthorised third-party access, or other causes beyond Our control. You play an important role in keeping Your Personal Information secure. You shall not share Your Personal Information or other security information for Your Account with anyone. We have undertaken reasonable measures to protect Your rights of privacy with respect to Your usage of the Platform and the services. However, We shall not be liable for any unauthorised or unlawful disclosures of Your Personal Information made by any third parties who are not subject to Our control.
Notwithstanding anything contained in this Privacy Notice or elsewhere, We shall not be held responsible for:
a)any security breaches on third-party websites or applications or for any actions of third-parties that receive Your Personal Information;or
b)any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event. For the purpose of this Privacy Notice, a “Force Majeure Event” shall mean any event that is beyond Our reasonable control and shall include, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.
We maintain records of Your Personal Information only till such time it is required for the Purposes, or for as long as required by applicable law. To the extent possible, We endeavour to store Personal Information and Sensitive Personal Information within India. When You request Us to erase Your information, We will honour the said request, but We may retain certain information about You for the purposes authorized under this Privacy Notice unless prohibited by law. However, We may retain Your Personal Information if We believe it may be necessary to prevent fraud or future abuse, to enable Us to exercise legal rights and/or defend against legal claims.
The Platform may link You to other third - party platforms (“Third - Party Sites”)that may collect Your Personal Information including Your IP address, browser specification, or operating system. We are not in any manner responsible for the security of such information or their privacy practices or content of those Third - Party Sites. Additionally, You may also encounter “cookies” or other similar devices on certain pages of the Third - Party Sites and it is hereby clarified that the Platform does not control the use of cookies by these Third - Party Sites. These third-party service providers and Third-Party Sites may have their own privacy policies governing the storage and retention of Your information that You may be subject to. This Privacy Notice does not govern any information provided to, stored on, or used by these third-party providers and Third-Party Sites. We recommend that when You enter a Third-Party Site, You review the Third-Party Site’s privacy policy as it relates to safeguarding of Your information and that the Third-Party Site’s privacy policy is beyond our control. We may use third-party advertising entities to serve ads when You visit the Platform. These entities may use information (not including Your name, address, email address, or telephone number)about Your visits to the Platform and Third- Party Sites in order to provide advertisements about goods and services of interest to You. You agree and acknowledge that We are not liable for the information published in search results or by any Third-Party Sites.
You may provide Your feedback, reviews, testimonials, etc. on the Platform on Your use of the services (“Posts”). Any content or Personal Information and Posts that You share or upload on the publicly viewable portion of the Platform (on discussion boards, in messages and chat areas, etc.)will be publicly available, and can be viewed by other users and any and all intellectual property rights in and to such Posts shall vest with Us. Your Posts shall have to comply with the conditions relating to Posts as mentioned in the Terms. We shall retain an unconditional right to remove and delete any Post or such part of the Post that, in Our opinion, does not comply with the conditions in the Terms or where applicable law requires Us to remove such Post. We reserve the right to use, reproduce and share Your Posts for any purpose. If You delete Your Posts from the Platform, copies of such Posts may remain viewable in archived pages, or such Posts may have been copied or stored by other Users.
Your Consent:All information disclosed by You shall be deemed to be disclosed willingly and without any coercion. No liability pertaining to the authenticity / genuineness / misrepresentation / fraud / negligence of the information disclosed shall lie on Us nor will We be in any way responsible to verify any information obtained from You. We process Your Personal Information based on Your consent. By using the Platform or services and/or providing Your Personal Information, You agree to the processing of Your data in accordance with this Privacy Notice. If You share any Personal Information about others with Us, You confirm that You have the necessary authority to do so and allow us to use that information as outlined in this Privacy Notice. Additionally, You consent to Us contacting You via channels such as phone calls, messages, and emails for the purposes described in this Notice, regardless of Your registration with any Do Not Disturb (DND)lists.
Right to erasure and Right to Withdraw Your consent:You may choose to withdraw Your consent provided hereunder at any point in time.
In case You do not provide Your consent or later withdraw Your consent, We request You not to access the Platform, Content or use the services. We shall also cease to provide You any services and/or Content on the Platform and/or features of the Platform once You withdraw Your consent. In such a scenario, We will remove Your information (personal or otherwise)or de-identify it so that it is anonymous and not attributable to You. In the event, We retain the Personal Information post withdrawal or cancellation of Your consent, it shall retain it only for the period permitted under applicable laws. You shall have the right to request that We remove Your Personal Information from Our systems.
You should be aware that some of the Personal Information that may have been shared on third-party websites may still continue to be available as We do not have control over these websites. Your Personal Information may also appear in online searches. Other Personal Information that You have shared with others, or that other users have copied, may also remain visible. You should only share Personal Information with people that You trust because they will be able to save it or re-share it with others, including when they sync the Personal Information to a device.
Personal Information access, Rectification or Modification of Your information:You can access and review Your Personal Information shared by You by placing a request with Us. You may review, correct, complete, upgrade, erase, update and change the information that You have provided to Us, at any point by making changes on the mobile application Home page ->Settings Icon ->Profile. Should You choose to update Your Personal Information or modify it in a way that is not verifiable by Us, or leads to such information being incorrect, We will be unable to provide You with access to the Platform or the services. We reserve the right to verify and authenticate Your identity and Your Personal Information in order to ensure that We are able to offer You services and/or make available the Platform. We can only keep Your Personal Information up-to-date and accurate to the extent You provide Us with the necessary information. It is Your responsibility to notify Us of any changes in Your Personal Information. Access to or correction, updating or erasing of Your Personal Information may be denied or limited by Us if it would violate another person’s rights and/or is not otherwise permitted by applicable law.
Right to nominate another person:You have the right to nominate one or more individuals to act on Your behalf in case of Your death or incapacity to exercise applicable rights.
Right to restrict Our use of Your Personal Information:You have the right to object or limit the way in which We can use or process Your Personal Information.
Right to complain to supervisory authorities:If You wish to make a complaint or are unhappy with the way We process Your Personal Information, You have the right to complain to the appropriate supervisory authority of Your jurisdiction.
Children InformationWe are deeply committed to safeguarding the privacy of minors and ensuring compliance with applicable laws pertaining to the collection and processing of the Personal Information of the children. We do not intentionally gather or request Personal Information from individuals under the age of 18. Our Platform is intended solely for those who are legally capable of entering into contracts as per the Indian Contract Act, 1872. If You have not reached the age of 18, You are prohibited from using the Platform unless supervised by Your parent or legal guardian. If We become aware that a child under the age of 18 has given their Personal Information, We reserve the right to stop the access to the Platform.
Changes to Our Privacy Notice:We reserve the unconditional right to change, modify, add, or remove portions of this Privacy Notice at any time, and shall provide a notice to You of such changes. Any changes or updates will be effective immediately. You should review this Privacy Notice regularly for changes. You can determine if changes have been made by checking the “Last Updated” legend above. Your acceptance of the amended Privacy Notice by continuing to visit the Platform or using the services, shall signify Your consent to such changes and agreement to be legally bound by the same.
11.1. The information related to the accepted payment methods on the Platform shall be displayed during the purchasing process.
11.2. To the extent permitted by applicable law and subject to the Privacy Notice, You acknowledge and agree that Insta7 may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information. Such Parties are separate to Insta7 and You will be subject to their terms and conditions while making any payment for the Products and services.
11.3. You undertake to provide valid bank details or other details required for facilitating payment towards the transaction (“Payment Details”). By providing the Payment Details, You represent, warrant, and covenant that:(a)You are legally authorized to provide such Payment Details;(b)You are legally authorized to make payments using such Payment Details;and (c)such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
11.4. Except to the extent otherwise required by applicable law, Insta7 is not liable for any payments authorized through the Platform using Your Payment Details. Insta7 is not liable for any payments that do not complete a transaction due to reasons including but not limited to following:
(a)Insufficient funds in Your bank account;
(b)You have not provided correct Payment Details;
(c)Technical issues or interruptions in the Platform or payment processing systems.
(d)Violation of any terms or conditions governing the use of Your Payment Details.
(e)Fraudulent activity or unauthorized use of Your Payment Details.
(f)Your payment card has expired;
(g)Any other reason for declining of payment transaction or
(h)Any other circumstances beyond Insta7’s reasonable control which prevent the execution of the transaction.
11.5. Insta7 shall not be responsible or obligated to refund any money to You for any unauthorised transactions conducted on the Platform using Your Payment Details.
11.7. The payment facility facilitated by Insta7 is neither a banking nor a financial service but is merely a facility providing an electronic, automated online electronic payment system, and receiving payment on delivery for the transactions on the Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable. For some payment methods, Your payment service provider may charge You certain fees, such as transaction fees or other fees, relating to the processing of Your transaction.
11.8. Title of any Products purchased by You on the Platform shall be transferred to You post You making applicable payment for the same and also comply with any requirements which are applicable for the order
12.1. The prices for Products and services listed by Sellers on the Platform are determined entirely by the Sellers themselves and Insta7does not participate in or influence this pricing process in any manner. The prices of each of the Products and services may vary due to various factors and You may check the price on the Platform before placing an order. By placing an order You agree to pay the prices mentioned therein. All the Products listed on the Platform will be sold at Indian Rupees either at Maximum Retail Price (MRP)(inclusive of all taxes)or at a discounted price unless otherwise specified. The prices of the Products and services are an offer for sale by the Sellers and may be modified by the Sellers from time to time without any prior notice. Insta7 endeavour to display the Products and services at the accurate prices as possible on the Platform. There may be inadvertent errors with respect to the price and other information of the Products or services that You may bring to Our notice of such errors and We shall effect necessary corrections, however Insta7 shall not be liable in case Seller proceeds with cancelling of such order.
12.2. The Users will be informed about all the charges, fees, and costs (including delivery fee)that may be levied on the purchase of the Products or services on the Platform at the checkout page during a transaction.
12.3. The expression like 'Lowest Prices' pertains to the computation of average prices for all Productsand services offered for sale by the Sellers on the Platform (in comparison to competitors in thequick commerce segment for groceries, in most of the cases)and are subject to availability ofstocks. Insta7 expressly disclaims any liability associated with the individual Products orservices sold on the Platform by the Sellers.
13.1. The delivery fees cover the delivery services as part of the sale of Products purchased by You on the Platform. The delivery of the order will be provided within the time period communicated to You through the Platform. While efforts are made to display an estimated time of arrival (ETA)for every order, the delivery time may vary due to factors such as third-party delivery service availability, demand, traffic, weather conditions, force majeure events, and other unforeseen circumstances. Although Insta7endeavours to deliver orders within a 10-minute ETA, the actual delivery time may exceed this estimate due to the aforementioned factors. You can view the ETA on the homepage of the Platform even before placing an order, ensuring You are informed about the ETA before proceeding. Orders placed by You may be split into multiple sub-orders, each potentially having a different ETA.
13.2. Additionally, You agree that certain charges, such as fees for rain, peak hours, high demand or surge periods, late-night delivery, handling, convenience, platform usage, small cart fees, or other charges, may apply. These charges will be displayed in the"View Bill" section before the checkout page on the Platform. Your order may have following components and corresponding documents:
13.2.1. Supply of Products and services by Sellers - Tax Invoice issued on behalf of the Sellers;
13.2.2. Supply of services, if any, by Insta7- Tax Invoice issued by Insta7.
13.3. The delivery of the orders will be made to the address specified by You at the time of placing theorder on the Platform. It is Your sole responsibility to ensure that the delivery address iscomplete, accurate and includes any additional instructions required to facilitate delivery. Insta7 and its Sellers shall not be liable for non-delivery or delays in delivery arising from an incorrector incomplete address provided by You.
13.4. The Products will ordinarily be delivered when an appropriate person is available to receive the order at the address provided by You. If You request that the delivery, be left unattended at Your address, You expressly waive and release Insta7 from any liability arising from the Products being left unattended, including, but not limited to, theft, tampering, contamination, or spoilage for any reasons including due to changes in temperature for items requiring chilled or frozen storage.
13.5. In the event You opt for ‘Cash on Delivery (CoD)’ mode, Seller/ third-party delivery service providers shall have the right to refuse delivery of the order to You if You fail to make the complete payment and Insta7 shall treat such order as cancelled order and shall not be liable for any losses or damage that may arise on account of such non delivery to You. You agree to pay the delivery fee or any other fees for such cancelled order towards the cost incurred on such delivery attempt.
14.1. Returns:
14.1.1 You may return the Product in an order, subject to the satisfaction of the following conditions:
14.1.1.1. wrong item being delivered other than what You had ordered in an order, or
14.1.1.2. Items substantially damaged or deteriorated in quality at the time of delivery. You agree that You shall give all the requisite proofs including but not limited to images of Products having issues.
14.1.2. You shall check the Products upon delivery and initiate exchange or return with the requisite proofs on the Platform, as available. You may also exchange or return the eligible Products by contacting Our customer support team.
14.1.3. You may request exchange or return of the eligible Products, purchased from the Sellers provided that the Products are sealed/unopened/unused and in original condition and on the same day of delivery/or as per the exchange/refund timeline suggested by Seller/ displayed on product check out page, if any. Please note, the requests for exchange or returns will not be accepted from the day following the day when Product/s were delivered to You unless there are certain categories of the Products for which higher return or exchange period is provided. You are requested to dispose off the Products for which refund has been processed. It is clarified that Your request for exchange or return of the Products shall only be processed if the relevant Seller accepts such request.
14.2. Cancellations:You may cancel an order without charge at any time before the Seller accepts the order. You cannot cancel the order post acceptance of order. Your order may be cancelled (in full or partially)for the reasons including shortage or unavailability of certain Products or force majeure events, nonavailability of services, unforeseen circumstances, delivery-related issues or if there are concerns regarding fraudulent activity or non-compliance with these Terms. In case of acceptance of cancellation of any order, You will not be charged for such cancellations and You will receive a refund for any payment already made, as early as practically possible.
14.3. Refunds:Please be informed that when You opt to return the Products, upon verification of the Products and the documents relating thereto, the refund amount for such Products which are eligible for return as per these Terms, will be processed within a period of seven (7)business days from the date of verifying and confirming the refund request. Your refund will be processed only when the conditions as may be stipulated by Us are fulfilled. The refund amount will be credited to the source account. You acknowledge that after initiation of refund, it may take additional time for Your refund to reflect in Your account which is subject to Your financial institution or payment gateway service provider terms and conditions. The Terms for acceptance of returns, cancellation and refunds shall be subject to reasonable additional conditions and shall be communicated to the User, from time to time.
15.1. The User acknowledges and agrees that Insta7 shall not be held liable for:
15.1.1. The services or Products offered by Sellers, that may or may not meet Your preferences or requirements.
15.1.2. The quality of the Seller’s services or Products, or any issues arising from services provided by third-party delivery service providers that do not meet User expectations, potentially resulting in loss, harm, or damage.
15.1.3. The nonavailability Products or services.
15.1.4. Incorrect Orders fulfilled by the Seller, or any liability associated with Products sold by the Seller.
15.2. The information about Products and the associated catalogue, including pricing, displayed on the Platform is provided by the Sellers. Insta7 cannot be held liable for any changes, correctness or errors or omissions of the information, or unavailability of these Products and services.
15.3. Please do not share Your debit/credit card number, CVV number, OTP, UPI/ATM pin and other sensitive information with anyone claiming to be a Insta7 representative. Insta7 or its authorised representatives will NEVER ask You to share the aforesaid details. Beware of fraudsters and please report incidents immediately to Your bank, the nearest police station and athttps://cybercrime.gov.in/.
15.4. For assistance on aInsta7 order or refund related issues, click on the ‘Get Help’ section on the App.
15.5. Please exercise caution to verify the portals/website links claiming to be Insta7 or a lookalike or a payment link shared over social media or a social messaging apps claiming to be Insta7 discounts or offers and proactive calls from unauthorised numbers or unauthorized social media accounts requesting for personal/financial information.
16.1. Subject to compliance with the Terms, Insta7 hereby grants You a personal, non-exclusive, non- transferable, limited, revocable privilege to access and use the Platform. You agree to use the Platform only:(a)for purposes that are permitted by the Terms;(b)in accordance with any applicable law, regulation or generally accepted practices or guidelines;and (c)for availing the services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by Insta7 and/or other Users.
16.2. You agree that the Platform or any portion of the Platform shall not be reproduced, duplicated, copied, sold, resold or otherwise exploited for commercial purposes.
16.3. You agree to not frame or utilise the framing techniques to enclose any trademark, logo or any other proprietorship information of the Platform.
16.4. You agree not to access (or attempt to access)the Platform by any means other than through the interface that is provided by Insta7. You shall not use any deep- link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
16.5. Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:
16.5.1. belongs to another person and to which the User does not have any right;
16.5.2. is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libelous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
16.5.3. is harmful to child;
16.5.4. infringes any patent, trademark, copyright, or other proprietary rights;
16.5.5. violates any law for the time being in force;
16.5.6. impersonates another person;
16.5.7. threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting other nation;
16.5.8. contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
16.5.9. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
16.5.10. disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
16.5.11. violate the Terms contained herein or elsewhere;and
16.5.12. reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
16.6. You shall solely be responsible for maintaining the necessary computer equipment, gadgets and internet connections that may be required to access, use, and transact on the Platform.
16.7. You understand and acknowledge that by using the Platform or any of the services, You may encounter Content that may be deemed by some Users to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platform and any services at Your sole risk and that to the fullest extent permitted under applicable law. Insta7 shall have no liability to You for Content that may be deemed offensive, indecent, or objectionable to You.
17.1. The Platform and the processes, and their selection and arrangement, including but not limited to, texts, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof)(collectively, the “Content”)on the Platform is either owned by or licensed by Insta7 and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
17.2. The trademarks, logos and service marks displayed on the Platform (“Marks”)are the licensed property of Insta7 or owned by third parties. You are not permitted to use the Marks without the prior consent of Insta7 or the relevant third party (which is the owner of the Marks)respectively. Access or use of the Platform does not authorise any party to use trademarks, logo, or any other mark in any manner.
17.3. Insta7 disclaims to hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the Products and services sold by the Sellers on the Platform.
17.4. References on the Platform of any name, mark, services or products of third parties has been provided for Your convenience, and in no way constitutes an endorsement, sponsorship or recommendation, whether express or implied.
17.5. Where Platform contains links to other sites provided by third parties, these links are provided for information only. We have no visibility or control over the contents on or available through those sites and You acknowledge and agree that We have no liability for any such content.
17.6. Insta7 word mark and variances together with device marks displayed on the Platform shall be the licensed property of Us and any use, unless expressly permitted in writing shall amount to infringement and You shall hereby agree and undertake that You recognise Our intellectual property rights and upon acquiring knowledge of any infringement by any third parties, shall report to Us at www.insta7.com
18.1. You expressly understand and agree that, to the maximum extent permitted by applicable law:
18.1.1. The Platform and other Content are provided by Insta7 on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, Insta7 makes no warranty that the Platform or services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from Insta7 shall create any warranty not expressly stated in the Terms.
18.1.2. Insta7 will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge
18.1.3. Colours of the Products displayed on the Platform are as accurately as possible. However, the actual colours of the Products You see will depend on Your monitor or device, and We/Sellers do not provide any guarantee in respect of such display and will not be responsible or liable for the same
18.2. Insta7 makes no representation that the Content on the Platform is appropriate to be used or accessed outside the Republic of India. Any Users who use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction and also consent to Insta7 for use of their personal and other information only for the purpose of provision of services. By visiting the Platform or providing Your information, You expressly agree to be bound by these Terms and Our Privacy Notice and also agree to be governed by the laws of India including but not limited to the laws applicable to data protection and privacy. If You do not agree please do not use or access our Platform.
18.3. The Terms do not constitute, nor may the Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
18.4. Prices for any Product(s)displayed on the Platform may be inaccurate due to technical issues, typographical errors, or incorrect information provided by the Seller. In such cases, the Seller reserves the right to cancel the User’s Order(s).
18.5. Insta7 accepts no responsibility for any breaches of applicable laws, including those governing the Products and services offered by Sellers or third-party delivery service providers or by payment gateway service providers.
18.6. You acknowledge that third-party services are available on the Platform, and We may partner with certain third parties to facilitate such services. However, You agree that We make no representations or warranties regarding these third-party services or products and will not be liable for any outcomes, including injury, impairment, or death, resulting from their use. You hereby waive any rights or claims You may have against Us in relation to third-party services.
19.1. You agree to indemnify, defend and hold harmless Insta7, Sellers, service providers, its officers, directors, consultants, agents, representatives and employees;and its third party partners (“Indemnitees”)from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees)asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non- performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these Terms and/or the Privacy Notice. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any misrepresentation with respect to the data or information provided by You, Your violation of the Terms and/or the Privacy Notice, Your violation of applicable laws, or Your violation of any rights of third parties, including any intellectual property rights.
19.2. In no event shall Insta7, its Sellers, its service providers and its directors, officers, partners, consultants, agents, and employees and its partners, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform. Notwithstanding any provisions herein, Insta7, Sellers, service providers’ maximum total liability shall not exceed the amount paid by the User for the purchase of the Product and/or services under the specific order to which the liability relates.
19.3. The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
20.1. You agree that any violation by You of these Terms will likely cause irreparable harm to Insta7,for which monetary damages would be inadequate and You consent to Insta7 obtaining anyinjunctive or equitable relief that they deem necessary or appropriate in such circumstances.These remedies are in addition to any other remedies that Insta7 may have at law or in equity.
21.1. The Terms will continue to apply until terminated by either You or Insta7 as set forth below. If You object to the Terms or are dissatisfied with the Platform, You may (i)close Your Account on the Platform;and/or (ii)stop accessing the Platform.
21.2. Insta7 may disable Your access or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You have violated any term of these Terms or the Privacy Notice or in any way otherwise acted unethically. Notwithstanding contained herein, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until Insta7 chooses to terminate them.
21.3. Any such termination shall not cancel Your obligation to pay for a Product or a service purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
21.4. You shall be liable to pay any fees or charges, if applicable in respect of the services until the date of termination by either party whatsoever.
22. Governing Law and Jurisdiction
23.1.1. For any order related issue, You may first reach out to Us via chat support on the Appfor real time basis resolution.
23.1.2. You may also write to Us at support@ Insta7.com and We will strive to resolveYour order related issues within the timelines prescribed under applicable laws.
23.1.3. If You still have any grievances, or complaints or concerns with respect to the Platformor order or are not satisfied with the resolution, the Content, or the services, You cancontact the designated Grievance cum Nodal Officer of Insta7.
Email:reach@insta7.co.in