Our Terms and Conditions
This document is an electronic record in terms of Information Technology Act, 2000 and rules made 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.
The domain name ‘www.kirana11.com’ ("Website") and the Kirana11 mobile application (“Application”) (collectively referred to as the “Platform”) is owned and operated by Planet11 Ecommerce Solutions India Private Limited (the “Company”), a company incorporated under the Companies Act, 2013 with its registered office at No. 51, 3rd Floor, HAL 2nd Stage, Kodihalli, Bangalore – 560008, India.
The Company offers this Platform, including all content, information, tools and services available from this Platform to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
“Buyer” shall mean and include any legal person, entity or users, who desire to purchase Products, listed by the Seller, using the Kirana11 Services.
“Order” shall mean an order placed by the User, for procuring or buying the Products, listed by the Seller, through the Kirana11 Services and shall be specifically designated by an order number which can be used by you for obtaining details about the Order including without limitation details of the status of such Order.
“Product(s)” shall mean and include fresh fruits & vegetables, grocery & staples, beverages, bread, dairy & egg products, branded foods, meat, personal care, etc, as listed by the Seller.
“User/user”, “You/you”, “Your/your” means any natural or legal person who browses, accesses or uses the Platform and/or Kirana11 Services.
“Use” or “Using” means to browse, access, view, avail Kirana11 Services or other benefits from using the Platform.
“Seller” shall mean the entity or person or User who has listed his Products on the Platform.
“Kirana11 Service(s)” shall mean the Platform provided by us to you, wherein, the Products offered, sold and listed by the Seller, shall be purchased by you.
“We”, “Company”, “us” and “our” means Planet11 Ecommerce Solutions India Private Limited and its affiliates, officers, employees, agents, partners and licensors.
Use of the Platform is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Platform and shall not transact on or use the Platform. As a minor if you wish to use or transact on the Platform, such use or transaction may be made by your legal guardian or parents on the Platform. We reserve the right to terminate your membership and/or refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are under the age of 18 years.
Your Account and Registration Obligations
Availing of Services
Subject to acceptance of the Terms, we allow you to avail all Kirana11 Services offered on the Platform. We reserve the right to prevent you from using the Platform and Kirana11 Service (or any part of them) and to prevent you from making any transaction on the Platform.
The Company reserves the right to store, evaluate, use, analyze, verify, and authenticate the information and data provided by the User. You are required to fill your data accurately and precisely while providing the information for placing order for Products.
The Company reserves the right in its sole discretion to accept/refuse/reject registration or acceptance of Order placed using the Kirana11 Services or part thereof, without any obligation of explanation.
You can choose from the Products as listed on the Platform. However, we do not give any guarantee that the Orders will be fulfilled or performed on the date chosen or provided by you, as each Seller will or might have its own calendar of events. In case the Products are not delivered on the specific date due to any unavoidable reasons including but not limited to Force Majeure Events, then you can choose to get the Products delivered on any next available delivery date.
We shall strive with all reasonable efforts to provide Kirana11 Services. You can place the Order for the displayed Products at a price as shown or provided on the Platform. You need to place an order by making payment through available or provided payment modes. Prices listed on the Platform are in Indian Rupees unless specified and are subject to change from time to time. The Company shall not be held liable for any delay in delivery of the Products
Your use of any information or materials on this Platform is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this Platform meet your specific requirements.
Company is an Intermediary
The Platform is an intermediary and merely facilitates interaction and transactions between Users/Buyers and Sellers for buying and procuring of Products listed by Sellers. The Company is not and cannot be a party to or control in any manner any transaction between the Users/Buyers and the Sellers.
- All commercial/contractual terms are offered by and agreed to between User and Sellers alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Company does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between you and the Sellers.
- Company does not make any representation or warranty as to specifics (such as quality, value, saleability, etc) of the products or services proposed to be sold or offered to be sold or purchased on the Platform. Company does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Company is not responsible for any non-performance or breach of any contract entered into between you and Sellers. Company cannot and does not guarantee for the performance of any transaction concluded on the Platform. Company shall not and is not required to mediate or resolve any dispute or disagreement between you and the Sellers.
- Company does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of the Seller registered with the Platform or Products listed by them. You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf.
- Company does not at any point of time during any transaction between you and Seller on the Platform come into or take possession of any of the Products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the Products or services offered by Seller to the users.
- The Platform is only a medium that can be utilized by Users to reach a larger base to avail services of the Seller and Kirana11 Services. Company is only providing a platform for communication and facilitation and it is agreed that the contract for purchasing or procuring any Products as listed using the Kirana11 Services shall be a strictly bipartite contract between you and the Seller.
- At no time, shall Company hold any right, title or interest over the Products nor shall Company have any obligations or liabilities in respect of such contract.
- You shall independently agree upon the manner and terms and conditions of booking, time, venue, delivery, payment, insurance etc. with the Seller(s) that you transact with.
- Pricing on any Products as is reflected on the Platform may due to some technical issue, typographical error or product information, be published on the Platform incorrectly and in such an event, Company or the Seller reserves the right to cancel any such orders as requested and refund the amount (if any) received from the User.
- You release and indemnify Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, Company cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
- Please note that there could be risks in dealing with underage persons or people acting under false pretence.
- Products as listed using the Kirana11 Services on the Platform by the Seller, shall be governed by any such terms & conditions (if any), specifically mentioned at the time of listing such Products.
Use of Kirana11 Service(s)
Your use of the Kirana11 Services and tools on the Platform and any transactions made through the Platform are governed by the policies applicable to the Kirana11 Services as made available on the Platform. You agree not to, host, upload, publish, transmit, update or share any information through Kirana11 Services, including but not limited to the following:
- which belongs to another person and over which you have no right;
- is grossly harmful, harassing, blasphemous, defamatory, bigotry, obscene, pornographic, pedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating to or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever, or unlawfully threatening or harassing, including but not limited to ‘indecent representation of women’ within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
- is false, inaccurate or misleading in any way;
- is patently offensive to the online community, such as sexually explicit content or content that promotes obscenity, pedophilia, racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates harassment of another person;
- involves the transmission of ‘junk mail’, ‘chain letters’, unsolicited mass mailing, or ‘spamming’;
- promotes illegal activity or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- infringes upon or violates any third party's rights [including but not limited to, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address, or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links, information to circumvent manufacturer-installed copy-protect devices, or pirated music or links to pirated music files;
- provides information that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, providing or creating computer viruses;
- tries to gain unauthorized access or exceeds the scope of authorized access to the Platform, profiles, blogs, communities, account information, bulletins, or other areas of the Platform, or solicits passwords or personal identifying information for commercial or unlawful purposes from other users on the Platform;
- solicits gambling or engages in any gambling activity which we, at our sole discretion, believe is or could be construed as being illegal;
- interferes with another’s use and enjoyment of the Platform;
- refers to any website/URL which, at our sole discretion, contains material that is inappropriate for the Platform or any other website and content that is prohibited or violates the letter and spirit of the policies listed on the Platform;
- harms minors in any way;
- infringes any patent, trademark, copyright, proprietary rights, third-party’s trade secrets, or any other Intellectual Property or rights of publicity, or privacy, is fraudulent, or involves the purchase of counterfeit or stolen items;
- violates any law for the time being in force;
- deceives or misleads the users of the Platform about the origin of messages or communicates any information which is grossly offensive or menacing in nature;
- impersonates another person;
- contains software viruses or any other computer codes, 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;
- 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 offence or prevents investigation of any offence or is insulting any other nation;
- shall, directly or indirectly, offer or attempt to offer trade or attempt to trade in any item which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force;
- shall create liability for us or cause us to lose (in whole or part) the services of our Internet Service Provider (“ISPs”) or other suppliers;
- creates a false identity or otherwise attempting to mislead others as to your or the origin of any communication made using the Kirana11 Services;
- sending unsolicited and/or bulk messages or advertisements, including voicemails or facsimiles.
- unauthorized access to Kirana11 Services, other accounts, or computer systems or networks connected, through password mining or any other means;
- violation or non-adherence to any extant laws of the land governing the business associated with this Agreement.
Company disclaims all liability for these matters. Further, you will indemnify and hold Company harmless from all claims, damages, and expenses (including, without limitation, attorneys' fees) relating to claims arising due to such usage of Kirana11 Services.
Access or use of the Platform may also contain services such as email, short message service (“sms”), or any other such service, for the reporting purpose (hereinafter collectively referred to as "Communication Services"). You agree and undertake to use the Communication Services only to post, send and receive messages or emails, sms and material that are proper and related to Communication Service. You agree and undertake that the above-mentioned restrictions shall apply to information transmitted through the Communication Services as well.
In case the Company receives a complaint by any means with regard to any information uploaded, distributed, transmitted through the Platform/Kirana11 Services or the Company becomes aware of the fact that the User has misrepresented the content posted/profile information or has misused Kirana11 Services or the Platform provided or used for something in contrary to what was disclosed to the Company, the Company reserves the right to suspend or terminate the Users account permanently.
The Company reserves the rights to take appropriate legal actions and report the matter to law enforcement agencies such as Cyber Crime Division, Computer Emergency Response Team, Economic Offenses Wing, Financial Intelligence Unit and any other appropriate regulatory body and shall continue to withhold the amount in its accounts or deposit or transfer the amount to the concerned account(s), as directed by the competent regulatory authority.
Data Security and Ownership
You agree and undertake not to reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any product, service or feature, information, software obtained from the Platform. It is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Platform is not permitted.
This governs your access to Kirana11 Services and the Platform and you are not granted a license to any software by this Agreement except the license granted herein above. Kirana11 Services and any associated tools are the Intellectual Property of the Company and/or its various partners. We are the sole owner of all right, title, and interest (including all intellectual property and proprietary rights) in and to the network, Platform, Website, Website code, Application, Content and any analytics or similar data including User information or Order data/information/history or insights extracted or derived from their operation, including, without limitation, all intellectual property rights therein and the Sellers or the Users have absolutely no right over the Company’s Intellectual Property. The Company is entitled to use its Intellectual Property in any manner as it deems fit. There are a number of proprietary logos, service marks, brand names, trade names and trademarks found on this Platform whether owned/used by us or Seller or otherwise. By displaying them on this Platform, we or Seller are not granting you any license to utilize those proprietary logos, service marks, or trademarks. The appearance of any third-party trademarks does not in any way imply any connection, license, approval or other such relationship of any kind with such third party.
Any unauthorized use of the Content, Platform, Intellectual Property Rights of the Company, Website, Application, Kirana11 Services may violate copyright laws, trademark laws, the laws of privacy and publicity, and civil and criminal statutes and you shall be liable for the same and shall indemnify the Company in case any of your act brings a third party claim or a Seller’s claim on the Company.
User understands and acknowledges:
That we shall receive Orders for the Products listed, only in the capacity of the entity that provides an access to the Platform as a marketing and selling channel to the User. Payments are only collected by us from the User on behalf of the Sellers, in the mode/s as selected by you and confirmed by the Sellers. We collect payments on behalf of the Sellers with the sole intent of facilitating the transactions on the Platform.
- That upon placing an Order you are entering into a legally binding and enforceable contract with the Seller to purchase the products and/or services from the Seller using the payment facility, and You shall pay the price as listed on the Platform through your issuing bank or any such instrument as provided used for the payment, to the Seller using payment facility.
- That Company, undertakes utmost care to provide secure payment system, however, it is susceptible to hacking, virus attacks, malfunction.
- That the User shall provide accurate payment details to the secure payment system for making purchase on the Platform.
- The information provided by User will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order.
- The Company expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of User’s credit/ debit card.
- That the User undertakes all payments subject to own risk and volition.
- The Company shall not be liable for any loss or damage occurred to User arising directly or indirectly due to the decline of authorization for any transaction malfunction, errors and/or unscrupulous activities.
We shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly due to the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit.
You and Seller acknowledge that Company will not be liable for any damages, interests or claims etc. resulting from not processing an Order/Order Price or any delay in processing an Order/Order Price which is beyond control of the Company.
For Offline payment towards the Orders placed:
In the event, you choose to make the payment towards the Orders placed, through an offline medium, you acknowledge and agree that:
- Such payment can be made only in India Rupees and all such instruments must have been issued by entities operating in India and subject to Indian regulations.
- The price as provided by the Seller on the Platform shall be paid to the delivery person, upon receiving the physical delivery of the Products as per the details provided in the invoice generated for the purchase of the Products.
- The Seller has the right to cancel any such Order placed selecting the offline payment mechanism; and we will take no responsibility and shall not be held liable for any such acts of the Seller.
- We shall bear no such loss, if any, faced by you.
Return, Refund and Cancellation Policy
For any return, refund or cancellation of Product purchased or amount paid through the Platform/Kirana11 Services, please refer to the Company’s Return, Refund and Cancellation Policy available at http://kirana11.com/return-refund-and-cancellation-policy.
Link to Third Party
We may provide you links to third party services (“Third Party Services”). You agree to use the Kirana11 Services at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. You understand that certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third Party Materials”) or provide links to certain third party websites. By using the Third-Party Services, you acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. THE COMPANY DOES NOT WARRANT OR ENDORSE AND DOES NOT ASSUME AND WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON FOR ANY THIRD-PARTY SERVICES, THIRD-PARTY MATERIALS OR WEBSITES, OR FOR ANY OTHER MATERIALS, PRODUCTS, OR SERVICES OF THIRD PARTIES.
You agree to indemnify, defend and hold Company, its parents, subsidiaries, affiliates, associates, successors, assigns and licensors, the Platform or any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers, franchisers, sellers, merchants harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys' fees), arising out of the use of this Platform or Kirana11 Services or resulting from any breach or violation of these Terms by you, or due to your activities related to the Platform.
Disclaimer and Limitations of Liability
THE KIRANA11 SERVICES, ARE MADE AVAILABLE TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE KIRANA11 SERVICES ARE PROVIDED ON BEST EFFORT BASIS, WITHOUT GIVING ANY WARRANTY RELATING TO ANY COMMITMENT TO PERFORM KIRANA11 SERVICES AT SPECIFIED TIME AND/OR ON SPECIFIED DATE. THE PLATFORM IS NOT HACK PROOF. THE PLATFORM AND THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions. You understand, acknowledge and agree that you are assuming the entire risk as to your data, quality, accuracy, performance, adequacy, completeness, correctness, authenticity, safety, security and validity of any and all features and functions of the Platform.
In no event, shall the Company its affiliates, officers, employees, agents, partners and licensors be liable for any direct, indirect, punitive, incidental, special or consequential damages or for any damages whatsoever including, without limitation, damages for loss of use, data or monetary losses, arising out of or in any way connected with the use of the Platform.
The request/Order as placed by the User shall be performed by the concerned representatives appointed as per the need and only after the payment of the applicable fee is made by the User. We do not have any relationship with representatives of the Sellers who facilitate the completion of the services requested. We are not an authorised agent of any Seller, service provider(s) or any such third party and we only provide the Platform for listing of the Products by the Seller.
Representation and Warranty
The Company, its affiliates, officers, employees, agents, partners and licensors make no representations or warranty of any kind, express or implied, including but not limited to, that (i) the Kirana11 Services/Platform will meet your requirements or set standard of expectations; (ii) the Kirana11 Services of the Platform will be uninterrupted, timely, secure, accurate or error-free; (iii) the results that may be obtained or expect to be obtained from the use of such Kirana11 Services will be accurate or reliable; (iv) the quality of any Products, services, information or other material purchased or obtained by you through the Sellers or through the depiction(s) made by the Kirana11 Service(s) advertiser(s) or partners will meet your expectations or requirements.
To the complete extent permissible by the applicable law, Company disclaims all warranties, express or implied, including, but not limited to the warranties of quality, services or fitness for a particular purpose.
The Platform will also post, display, publish or provide links of advertisements of advertisers on the Platform at various places. The places of such Advertisements shall not be fixed. These advertisers might set cookies on the Platform which shall use your data, information for various other links. If you would like to know more information about this practice and to know your choices about not having this information used by any company, please refer to the relevant policy of such advertiser for more information.
Without limiting the foregoing, under no circumstances shall the Company, its affiliates, officers, employees, agents, partners and licensors be held liable for any damage or loss, penalty due to delay or deficiency in performance of the Platform and Kirana11 Services resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, internet failures, computer equipment failures, telecommunication failures, major electricity failures, internet outage, downtime, floods, storms, accident, civil disturbances, riots, strikes, shortages of labor, fluctuations in heat, light, fire or air.
Compliance with Laws
Users shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued there under and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act, 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of Government of India) applicable respectively for using Payment Facility and our Platform.
All notices addressing to the Company will be served by email or by general notification on the Platform. Any notice to be provided to the Company pursuant to the Terms should be sent to support services, email at email@example.com or to the office address of the Company at No. 51, 3rd Floor, HAL 2nd Stage, Kodihalli, Bangalore – 560008, India.
- These Terms constitute the entire or sole legal agreement between you and the Company and shall supersede and prevail any prior agreements, whether oral or written, regarding subject matter hereof.
- You agree that if the Company does not exercise or enforce any legal right or remedy which is contained in the Terms, this will not be taken to be a formal waiver of the Company’s rights and that those rights or remedies will still be available to the Company.
- If any one or more of the provisions of this Terms is or becomes invalid, void, illegal or unenforceable, the validity, existence, legality and enforceability of the remaining provisions will not in any way be affected, prejudiced or impaired.
- The use or access of the Platform therein, shall be governed exclusively by the laws of India. You specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Bangalore, India.
- The name "Kirana11" or “www.kirana11.com” and any related depiction of the images, content displayed on the Platform, is product of the Company’s imagination or are used fictitiously and are not to hurt any sentiments or community. Any such resemblance to actual events or locales or persons, living or dead, is purely coincidental and should not be considered derogatory by any individual or any party.
IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE THE PLATFORM.