Terms & Conditions
TERMS AND CONDITIONS
This document is an electronic record in terms of Information
Technology Act, 2000 and rules there under as applicable and the amended
provisions pertaining to electronic records in various statutes as amended by
the Information Technology Act, 2000. This electronic record is generated by a
computer system and does not require any physical or digital signatures.
This document is
published in accordance with the provisions of Rule 3 (1) of the Information
Technology (Intermediaries guidelines) Rules, 2011 that require publishing the
rules and regulations, privacy policy and Terms of Use for access or usage of https://ebaqala.in, Baqala App is owned by M/s. Staple Station, located
at Office 12-1-558, Mehdipatnam, Hyderabad, Telangana.
Your use of https://ebaqala.in, Baqala App is governed
by the following terms and conditions (“Terms of Use”) as applicable including
the applicable policies which are incorporated herein by way of reference.
By browsing,
accessing, downloading, making use of https://ebaqala.in, Baqala App, you shall be contracting with M/s. Staple Station, these
terms and conditions including the policies constitute your binding
obligations, with
For this purpose,
“You” shall mean any natural or legal person browsing, accessing, downloading,
using https://ebaqala.in, Baqala App, M/S. Staple Station and/ registering
using the signup form made available on https://ebaqala.in, Baqala App
For this purpose, “Third-Party or Third-Parties” shall mean
any party other than M/S. Staple Station
The term “we”, “us”, “our” shall mean, https://ebaqala.in, Baqala App, M/S.
Staple Station. When You use any of the
services provided through the Website, You shall be subject to the rules,
guidelines, policies, terms, and conditions applicable to such service, and
they shall be deemed to be incorporated into this Terms of Use and shall be
considered as part and parcel of this Terms of Use.
ACCESSING, BROWSING, DOWNLOADING, REGISTERING OR OTHERWISE
USING https://ebaqala.in, Baqala App INDICATE
YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS AND
CONDITIONS CAREFULLY BEFORE PROCEEDING.
ONLINE PLATFORM
M/S. Staple Station is an intermediary and offers an online intermediary
platform through (https://ebaqala.in, Baqala App)
facilitating the sale of gourmet food items including organic and conventional
products locally produced and imported. The online platform- https://ebaqala.in, Baqala App, enables you to
purchase the gourmet food items and offers delivery of your orders to your
doorstep.
You
acknowledge and hereby accept that You, Third Party/Third-Parties and M/S. Staple Station are independent professionals.
TERMS OF USE
You agree, undertake and confirm that your use of https://ebaqala.in, Baqala App shall be strictly
governed by the following binding principles: You hereby undertake and agree
not to use https://ebaqala.in, Baqala App
for
(a)
harassing or advocating harassment of another person;
(b) transmission of "junk mail”, "chain letters”,
or unsolicited mass mailing or "spamming"
(c) promoting illegal activities or conduct that is abusive,
threatening, obscene, defamatory or libelous;
(d) transmitting, sharing, uploading links of any software
viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; or contains any
trojan horses, worms, time bombs, cancelbots, easter eggs or other computer
programming routines that may damage, detrimentally interfere with, diminish
value of, surreptitiously intercept or expropriate any system, data or personal
information;
Policy for Non- Hosting, Non- Storage, Non- Publication of
Unlawful Information- Information Technology (Intermediary Guidelines and
Digital Media Ethics Code) Rules, 2021- Part II- Rule 3 (1) (b) – Due Diligence
by Intermediary
M/S.
Staple Station as an Intermediary herein informs You that it shall not host,
display, upload, modify, publish, transmit, store, update or share any
information that
(i)
belongs to another person and to which the user
does not have any right;
(ii)
is defamatory, obscene, pornographic, paedophilic,
invasive of another’s privacy, including bodily privacy, insulting or harassing
on the basis of gender, libellous, racially or ethnically objectionable,
relating or encouraging money laundering or gambling, or otherwise inconsistent
with or contrary to the laws in force including bodily privacy, insulting or
harassing on the basis of gender, libellous, racially or ethnically
objectionable, relating or encouraging money laundering or gambling, or
otherwise inconsistent with or contrary to the laws in force;
(iii)
is harmful to child;
(iv)
infringes any patent, trademark, copyright or
other proprietary rights;
(v)
violates any law for the time being in force;
(vi)
deceives or misleads the addressee about the
origin of the message or knowingly and intentionally communicates any
information which is patently false or misleading in nature but may reasonably
be perceived as a fact;
(vii)
impersonates another person;
(viii)
threatens the unity, integrity, defence, security
or sovereignty of India, friendly relations with foreign States, or public
order, or causes incitement to the commission of any cognizable offence or
prevents investigation of any offence or is insulting other nation;
(ix)
contains software virus or any other computer
code, file or program designed to interrupt, destroy or limit the functionality
of any computer resource;
(x)
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
Policy
for Non- Deployment of Technical Configuration of Computer Resource-
Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
Rules, 2021 – Due Diligence by Intermediary
Rule
3(k)- Information Technology (Intermediary Guidelines and Digital Media Ethics
Code) Rules, 2021
M/S.
Staple Station as an
intermediary shall not knowingly deploy or install or modify technical
configuration of its computer resource-https://ebaqala.in, Baqala App or become party to act that may change or has the
potential to change the normal course of operation of its computer resource- https://ebaqala.in, Baqala App, M/S.
Staple Station https://ebaqala.in, Baqala App, than what it is supposed to perform thereby
circumventing any law for the time being in force.
Further, M/S. Staple Station may develop, produce, distribute or employ
technological means for the purpose of performing the acts of securing its
computer resource- https://ebaqala.in, Baqala App and
information contained therein;
Policy
for Voluntary Removal of Information or Disabling of Access- Rule 3 (d)-
(Information Technology (Intermediary Guidelines and Digital Media Ethics Code)
2021– Due Diligence by Intermediary
M/S.
Staple Station shall remove
or disable access to any information, data, communication link as specified in Policy for Non-
Hosting, Non- Storage, Non- Publication of Unlawful Information- Information
Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021-
Part II- Rule 3 (1) (b) – Due Diligence by Intermediary on voluntary basis or on
the basis of any grievances received thereof
Policy
for Reporting Cyber Security Incidents- Rule 3 (l) (Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by
Intermediary
M/S.
Staple Station shall
report Cyber Security Incidents and share related information with the Indian
Computer Response Team in accordance with the Policies and Procedures as
mentioned in Information
Technology (The Indian Computer Emergency Response Team and Manner of
Performing Functions and Duties) Rules, 2013.
Policy
for Assistance to Government Agencies- Rule 3 (j) (Information Technology
(Intermediary Guidelines and Digital Media Ethics Code) 2021– Due Diligence by
Intermediary
M/S.
Staple Station shall as soon
as possible but not later than seventy-two hours of the receipt of an order,
provide information under its control or possession, or assistance to the
Government Agency which is lawfully authorised for investigative or protective
or cyber securities activities, for the purposes of verification of identity,
or for the prevention, detection, investigation, or prosecution, of offences
under any law for the time being in force, or for cyber security incidents,
however, such order shall be in writing clearly stating the purpose of seeking
information or assistance, as the case may be
PROHIBITED
USE
1. You shall not use any “deep-link”, “page-scrape”, “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 https://ebaqala.in, Baqala App, M/S.
Staple Station or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the https://ebaqala.in, Baqala App or any
Content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through https://ebaqala.in, Baqala App. We reserve
our right to bar any such activity.
2. You shall not attempt to gain unauthorized access to any
portion or feature of https://ebaqala.in, Baqala App or any
other systems or networks connected to https://ebaqala.in, Baqala App or to any
server, computer, network, or through https://ebaqala.in, Baqala App by hacking,
password “mining” or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of https://ebaqala.in, Baqala App or any network
connected to https://ebaqala.in, Baqala App nor breach
the security or authentication measures on https://ebaqala.in, Baqala App or any
network connected to https://ebaqala.in, Baqala App. You may
not reverse look-up, trace or seek to trace any information on any user of or
visitor of https://ebaqala.in, Baqala App or exploit
the https://ebaqala.in, Baqala App or any
information made available or offered by or through https://ebaqala.in, Baqala App in any way
where the purpose is to reveal any information, including but not limited to
personal identification or information, other than your own information, as
provided for by https://ebaqala.in, Baqala App
4. You shall not make any negative, denigrating or defamatory
statement(s) or comment(s) about us or the brand name, domain name used by
us including the terms https://ebaqala.in, Baqala App, M/S.
Staple Station or otherwise engage in any conduct or action that might tarnish
the image or reputation of https://ebaqala.in, Baqala App, M/S.
Staple Station or otherwise tarnish or dilute any trade or service marks, trade
name and/or goodwill associated with https://ebaqala.in, Baqala App, M/S.
Staple Station owned or used by us. You agree that You will not take any action
that imposes an unreasonable or disproportionately large load on the infrastructure
of the https://ebaqala.in, Baqala App’s systems
or networks, or any systems or networks connected to https://ebaqala.in, Baqala App
5. You agree not to use any device, software or routine to
interfere or attempt to interfere with the proper working of https://ebaqala.in, Baqala App
6. You may not forge headers or otherwise manipulate
identifiers in order to disguise the origin of any message or transmittal, You
send to us on or through https://ebaqala.in, Baqala App or courses
or programs offered thereof. You may not pretend that You are, or that You
represent, someone else, or impersonate any other individual or entity.
7. You may not use https://ebaqala.in, Baqala App or any
content for any purpose that is unlawful or prohibited by these Terms of Use,
or to solicit the performance of any illegal activity or other activity which
infringes the rights of https://ebaqala.in, Baqala App and / or
others.
8. You shall at all times ensure full compliance with the
applicable provisions of the Information Technology Act, 2000 and rules there under as
applicable and as amended from time to time and also all applicable laws, rules
and regulations.
9. You may not transmit any chain letters or unsolicited
commercial or junk email via https://ebaqala.in, Baqala App
10. It shall be a violation of these Terms of Use to use any
information obtained from https://ebaqala.in, Baqala in order to
harass, abuse, or harm another person, or in order to contact, advertise to,
solicit, or sell to another person other than us without our prior explicit
consent. In order to protect our users from such advertising or solicitation,
we reserve the right to restrict your usage of https://ebaqala.in, Baqala App for a reasonable
period which we deem appropriate in our sole discretion.
11. You understand that we have the right at all times to
disclose any information (including the identity of the persons providing
information through the signup Page made available on https://ebaqala.in, Baqala App as
necessary to satisfy any law, regulation or valid governmental request. This may
include, without limitation, disclosure of the information in connection with
investigation of alleged illegal activity or solicitation of illegal activity
or in response to a lawful court order or subpoena. In addition, we can (and
You hereby expressly authorize us to) disclose any information about You to law
enforcement or other government officials, as we, in our sole discretion,
believe necessary or appropriate in connection with the investigation and/or
resolution of possible crimes, especially those that may involve personal
injury.
12. We reserve the right, but has no obligation, to monitor
the materials posted on https://ebaqala.in, Baqala App. M/S.
Staple Station shall have the right to remove or edit any content that in its
sole discretion violates, or is alleged to violate, any applicable law or
either the spirit or letter of these Terms of Use. In no event shall M/S. Staple Station assume or have any
responsibility or liability for any Content posted or for any claims, damages
or losses resulting from use of Content and/or appearance of Content on https://ebaqala.in, Baqala App.
13. It is possible that any users or third-parties (including
unauthorized users or “hackers”) may post or transmit offensive or obscene
materials on https://ebaqala.in, Baqala App and that You
may be involuntarily exposed to such offensive and obscene materials. We do not
approve of such unauthorized use.
14. https://ebaqala.in, Baqala App shall have all the
rights to take necessary action and claim damages that may occur due to your
involvement/participation in any way on your own or through group/s of people,
intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
15. You shall not
reverse engineer https://ebaqala.in, Baqala App in
whatsoever manner
16. You shall not gain or attempt to gain unauthorized access
in whatsoever manner to https://ebaqala.in, Baqala App
CONTENTS POSTED
The Content,
text, graphics, interfaces, visual interfaces, photographs, images, pictures,
trademarks, logos, and artwork relating to https://ebaqala.in, Baqala, M/S. Staple
Station and we have worldwide,
perpetual rights in regard to such Content.
https://ebaqala.in, Baqala App may also
contain description, images, content which is considered as third-party
content.
https://ebaqala.in, Baqala App hereby
acknowledges that such third-party content is owned by the respective owners.
LICENSE
We hereby provide a limited, non-exclusive, non-
transferable, non- sub-licensable, revocable license to use the platform in
consideration of the terms and conditions and policies of https://ebaqala.in, Baqala App. However, we shall
reserve to terminate your license to use in case of any breach of these terms
and conditions, policies of https://ebaqala.in, Baqala App.
Nothing in this terms and conditions, policies of https://ebaqala.in, Baqala App, shall be construed as
granting any rights, title, interest with regard to the Intellectual Property
relating to https://ebaqala.in, Baqala App.
GENERAL
OBLIGATIONS
1.
You shall be obliged to provide accurate information while
registering through https://ebaqala.in, Baqala App. However, in the event of any false information provided
thereof, we shall have the right to terminate your account with immediate
effect and suspend your access thereof
2.
You shall also adhere to the minimum age requirement i.e., 18
years as defined by the law of the land
3.
You shall read all the policies, terms mentioned in the
Website
4.
You shall not copy or use the information contained in the Website
5.
You shall not tamper with the Online Information Website
6.
You shall ensure compliance with the https://ebaqala.in, Baqala App’s TERMS OF USE as mentioned herein at all times
7.
You shall not engage in any activities mentioned in
“PROHIBITED USE” (mentioned herein) either directly, indirectly or in
whatsoever manner
8.
You herein agree undertake to use the website only for the
permitted purpose
9.
You shall be responsible for any and all acts, activities,
actions, commissions, omissions, misrepresentation, negligence, fraud arising
out of your account made available through https://ebaqala.in, Baqala App. We shall hold any responsibility, liability in this regard
10.
You shall adopt reasonable security practices &
procedures to protect your login credentials including login id and password.
We shall hold any responsibility, liability in this regard
PRIVACY
We view
protection of Your privacy as a very important principle. We understand clearly
that You and Your Sensitive Personal Information is one of our most important
assets. We store and process Your Sensitive Personal Information including any sensitive financial
information collected (as defined under the Information Technology Act, 2000),
if any, on computers that may be protected by physical as well as reasonable
technological security measures and procedures in accordance with Information
Technology Act 2000 and Rules there under. Our Privacy Policy is available for
more details.
THIRD-PARTYAPI’s/
LINKS
https://ebaqala.in, Baqala App shall also be integrated with third-party API’s. However, in
no event shall https://ebaqala.in, Baqala App, M/S.
Staple Station hold any
responsibility, liability in this regard.
LEGAL
DISCLAIMER
https://ebaqala.in, Baqala App and all
content, included on or otherwise made available to You thereof are provided on
“as is” and “as available” basis without any representation or warranties,
express or implied except otherwise specified in writing. Without prejudice to
the forgoing paragraph, M/S.
Staple Station does not warrant that: -
i.
https://ebaqala.in, Baqala App, shall be
constantly available, or available at all; or the information on https://ebaqala.in, Baqala App, is complete, true,
accurate or non-misleading.
ii.
M/S.
Staple Station does not warrant that https://ebaqala.in, information, Content,
Images, Descriptions on or otherwise made available to You thereof, their
servers; or electronic communication sent from us are free of viruses or other
harmful components.
Nothing on https://ebaqala.in, Baqala App, M/S.
Staple Station constitutes, or is meant to constitute, advice of any kind.
We disclaim any damages, liabilities, loss, claims including ANY
SPECIAL, INCIDENTAL, INDIRECT or CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION
OR ARISING OUT OF YOUR USE OF https://ebaqala.in, Baqala
App, M/S. Staple Station .
CASH
ON DELIVERY (COD) ORDERS
In
the event of cash on delivery orders, payments have to be made at the time of
delivery to our delivery person. However, the Products shall be handed over to
you by our delivery person only upon receiving the full and complete payment
regarding your order(s).
DELIVERY
POLICY
All the products
purchased or ordered through https://ebaqala.in, Baqala App shall be
delivered to the doorstep of the users as per the timeline mentioned thereof.
Further, M/S. Staple Station shall be responsible for ensuring the timely
delivery of such orders. However, in case of delivery of orders beyond the
control of M/S. Staple Station, it shall not assume any responsibility,
liability thereof
SHIPPING
POLICY
All
products purchased or order through https://ebaqala.in, Baqala App shall be
shipped as per the shipping time and shipping charges provided by our logistic
partner and shall be specifically mentioned for each product which shall be
mentioned on the Website.
However,
the shipping time & shipping charges shall vary from product to product
based on the delivery locations as well. The shipping charges mentioned are
estimated, however, in case of any additional charges, such additional charges
shall be intimated to You and You shall be responsible for payment of such
additional charges
NOTIFICATION
OF SHIPMENT
In
case an order is placed through https://ebaqala.in, Baqala App we shall send information to You through email
and SMS (email id, mobile no provided by You during checkout or registration)
notifying the details of Shipment regarding your order. This also includes the
name of the logistic partner, tracking number and the date of delivery
regarding Your order.
CANCELLATION
POLICY
·
You shall be able to cancel your order before
your order is dispatched
·
However, in no event you shall be able to cancel
your orders once the same is dispatched
Further,
you shall be able to cancel your orders once you receive it, only in the
following cases
·
In case of order mismatch
·
In case of any defective product
·
In case the product is damaged at the time of
delivery
·
In case of expired products
REFUND
POLICY
You
shall be eligible for refund only in the following cases and the amount paid
towards such order shall be refunded to you based on the mode of payment opted
by you.
·
In the event of order mismatch
·
In the event the product(s) ordered are defective
·
In the event the products are damaged at the time
of delivery
Your
refund shall be processed within (2-4 working days)
ONLINE
PAYMENT
In
order to facilitate payments for the products purchased by You or ordered by
you through https://ebaqala.in, Baqala App , an online
payment gateway facility is provided. However, you shall be able to make the
payment through such online payment gateway provided in https://ebaqala.in, Baqala App using net
banking, credit/debit card account. Further, such online payments shall be
governed by the terms and conditions of such online payment gateway (https://razorpay.com/)
in addition to the legal policies mentioned in https://ebaqala.in, Baqala App and You herein agree to abide by the same
CREDIT
CARD PAYMENT
Your
credit card details shall be transferred directly to our payment service
provider for immediate authorization and are not recorded or stored in our
database. Once we have received authorization from the payment service
provider, we shall confirm your order.
Further:
1.You
have categorically authorized https://ebaqala.in, Baqala App to collect,
process, facilitate and remit payments and / or electronically from other Users
in respect of transactions through Payment Facility. Your relationship with https://ebaqala.in, Baqala App is on a
principal to principal basis and by accepting these Terms of Use you agree that
https://ebaqala.in, Baqala App, M/S. Staple Station is an
independent contractor for all purposes, and does not have control of or
liability for the products that are listed on https://ebaqala.in, Baqala App that are paid
for by using the Payment gateway
2.
You understand, accept and agree that the payment facility provided by https://ebaqala.in, Baqala App is neither a
banking nor financial service but is merely a facilitator providing an
electronic, automated online electronic payment, collection and remittance
facility for the Transactions on https://ebaqala.in, Baqala App using the
existing authorized banking infrastructure and Credit Card payment gateway
networks. Further, by providing Payment Facility, www.flutesshop.com is neither
acting as trustees nor acting in a fiduciary capacity with respect to the
Transaction or the Transaction Price
3. https://ebaqala.in, Baqala App reserves the
right to impose limits on the number of Transactions or Transaction Price which
we may receive from on an individual Valid Credit/ Debit/ Cash Card / Valid
Bank Account/ and such other infrastructure or any other financial instrument
directly or indirectly through payment aggregator or through any such facility
authorized by Reserve Bank of India to provide enabling support facility for
collection and remittance of payment or by an individual User during any time
period, and reserves the right to refuse to process Transactions exceeding such
limit.
4. https://ebaqala.in,
Baqala App reserves the right to refuse to process
Transactions by Users with a prior history of questionable charges including
without limitation breach of any agreements by User with https://ebaqala.in, Baqala App or breach /
violation of any law or any charges imposed by Issuing Bank or breach of any policy.
5.
In the event, https://ebaqala.in, Baqala App is not
satisfied with the creditability of the User, it will have the right to reject
the receipt of / Users
6. www.staplestation.com
may delay notifying the payment confirmation, if https://ebaqala.in, Baqala App deems
suspicious or for Users conducting high transaction volumes to ensure safety of
the Transaction and Transaction Price. In addition, https://ebaqala.in, Baqala App may hold the
service and may not provide service at the request of law enforcement officials
or in the event the user is engaged in any form of illegal activity.
7.
The user acknowledges that https://ebaqala.in, Baqala App will not be
liable for any damages, interests or claims etc. resulting from not processing
a Transaction / Transaction Price or any delay in processing a Transaction /
Transaction Price which is beyond control of https://ebaqala.in, Baqala App, M/S.
Staple Station
OUR LIABILITY
We shall be liable for any technical and relative issue with
regard to https://ebaqala.in, Baqala App. However,
we shall hold no liability for unforeseen circumstances, force majeure events
and situations beyond our control
THIRD PARTY LIABILITY
·
The Third-Party shall be solely and exclusively
liable for any and all issues arising out of third-party API’s, plugins,
integrations connected to the platform https://ebaqala.in, Baqala App. In no event shall https://ebaqala.in, Baqala App, M/S.
Staple Station hold any liability for third-party issues or failure
·
The Third-Party shall be solely and exclusively
liable for any issues including materials used in the products made available
for sale through https://ebaqala.in, Baqala App. We shall
be a mere facilitator in this regard and shall hold no responsibility,
liability in this regard
YOUR LIABILITY
·
You shall be liable for all and all information
provided by you upon while filling the details in the
Signup form made available on https://ebaqala.in, Baqala App
FORCE
MAJEURE
Neither https://ebaqala.in, Baqala App nor M/S.
Staple Station
shall be responsible for any failure to perform any
services due to causes beyond its control, including but not limited to acts of
God, war, and riot, acts of civil or military authorities, fire, floods or
accident(s), pandemic & emergency situations etc.
INDEMNITY
You shall
indemnify and hold harmless https://ebaqala.in, Baqala App, M/S.
Staple Station, its directors, agents, and employees, from any claim or demand,
or actions made by any third party or penalty imposed due to or arising out of
Your breach of this Terms of Use, privacy Policy and other Policies, or Your
violation of any law, rules or regulations or the rights (including
infringement of intellectual property rights) of a third party.
APPLICABLE
LAW / JURISDICTION
Terms of Use shall be governed by and interpreted and
construed in accordance with the laws of India. The place of jurisdiction shall
be exclusively in Hyderabad, Telangana, India
DESCRIPTION
M/S. Staple
Station does not warrant that description or other content made
available on https://ebaqala.in, Baqala App is
accurate, complete, reliable, current, or error-free and assumes no liability
in this regard
LIMITATION OF
LIABILITY
IN NO EVENT
SHALL, https://ebaqala.in, Baqala App, M/S.
Staple Station BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL
DAMAGES OF ANY KIND IN CONNECTION WITH THESE TERMS OF USE, and EVEN IF CLIENT
HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.
https://ebaqala.in, Baqala App may include
inaccuracies and typographical errors. Changes and improvements are
periodically made to https://ebaqala.in, Baqala App.