Terms & Conditions

Personal Information

“Ujosho.com” is a brand of Ujosho, a company incorporated under the Companies Act, 2013 with its corporate office at New Delhi.

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

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

The terms ‘visitor’, ‘user’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the portal at any point in time.

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

Services Overview

The Portal is a platform for domestic consumers to transact with the company, which is granted access to the portal to display and offer products for sale through the portal. For abundant clarity, the Company does not provide any services to users other than providing the portal as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing.

Services on the platform are available to only select geographies in India, and are subject to restrictions based on business hours.

Transactions through the platform may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charge at the stage of check-out for a transaction through the portal.

Eligibility

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 portal.

However, if you are a minor, i.e. under the age of 18 years, you may use the portal under the supervision of an adult parent or legal guardian who agrees to be bound by these Terms of Use. You are however prohibited (even under provision) from purchasing any material which is for adult consumption, the sale of which to minors is prohibited.

The portal is intended to be a platform for end-consumers desirous of purchasing products for self-consumption for domestic use. If you are a retailer, institution, wholesaler or any other business user you are not eligible to use the portal to purchase products.

The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit access to the portal, if: (i) it is discovered or brought to notice that you do not conform to the aforesaid criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or the user, or (iii) may breach the terms of this User Agreement.

In order to determine compliance with eligibility criteria, the Company inter alia uses algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.

License & Access

The Company grants you a limited sub-license to access and make personal use of the portal, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of the Company. Such limited sub- license does not include/permit any resale or commercial use of the portal or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the portal or its contents; any downloading or copying of information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. The portal or any portion of the portal may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of the Company. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the portal or of the Company and/or its affiliates without the express written consent of the Company. You may not use any meta tags or any other “hidden text” utilising the Company’s name or trademarks without the express written consent of the Company. You shall not attempt to gain unauthorised access to any portion or feature of the portal, or any other systems or networks connected to the portal or to any server, computer, network, or to any of the services offered on or through the portal, by hacking, ‘password mining’ or any other illegitimate means.

You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information that

  1. belongs to another person and to which you do not have any right;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
  3. harms minors in any way;
  4. infringes any patent, trademark, copyright or other proprietary/intellectual property rights;
  5. violates any law for the time being in force;
  6. deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
  7. impersonates another person;
  8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
  9. 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 any other nation;
  10. is misleading or known to be false in any way.

Any unauthorised use shall automatically terminate the permission or license granted by the Company.

Account & Registration Obligations

All users have to register and login for placing orders on the portal. You must keep your account and registration details current and correct for communications related to your purchases from the portal. By agreeing to the Terms of Use, the user agrees to receive promotional communication and newsletters from the Company and its partners. The user can opt out from such communication and/or newsletters either by unsubscribing on the portal itself, or by contacting the customer services team and placing a request for unsubscribing.

It is hereby specifically stated that any new login with a number using a mobile device, which device has been used by another number, will not be able to use first user promo codes for 60 days.

As part of the registration process on the portal, the Company may collect the following personally identifiable information about you: Name – including first and last name, email address, mobile phone number and other contact details, demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the portal you visit/access, the links you click on the portal, the number of times you access a particular page/feature and any such information. Information collected about you is subject to the Privacy Policy of the Company, which is incorporated in these Terms of Use by reference.

Pricing

We aim to ensure that prices of all products are correct and up-to-date. However, from time to time, prices for certain products may not be current or may be inaccurate on account of technical issues or typographical errors. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability. Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product listed on the portal will be sold at a price higher than its MRP (Maximum Retail Price).

Cancellations

  1. As a user, you may not cancel an order placed by you once the order status is amended to ‘en route’. For any permitted cancellations, we will refund payments, if any, made by you under the relevant order within approximately 48-72 hours.
  2. Orders may be cancelled in any of the following cases: (a) if it is suspected that a customer has undertaken a fraudulent transaction, or (b) if it is suspected that a customer has undertaken a transaction which does not conform to or violates these Terms of Use/User Agreement, or (c) in case of unavailability of product(s), or (d) for any reason outside the control of the Company including causes for delivery related logistical difficulties.
  3. Further, while precautions are taken to ensure accuracy of product specifications, the details of a product as reflected on the portal may be inaccurate due to technical issues or typographical errors and in such an event you shall be notified as soon as such error comes to the notice of the Company. In such event, the Company reserves the right to cancel your order and refund any monies that may have been paid by you towards purchase of such products.
  4. We maintain a negative list of all fraudulent transactions and non-complying users, and reserve the right to deny access to such users at any time or cancel any orders placed by them in future.

Disclaimer regarding products

  1. We make efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
  2. The Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the portal or otherwise.

You Agree and Confirm

  • That in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by you.
  • That you will use the services provided by the portal for lawful purposes only, and comply with all applicable laws and regulations while using and transacting on the portal.
  • You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time.
  • If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.
  • That you are accessing the services available on the portal and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through the portal.
  • That before placing an order, you shall check and review the product description carefully and in sufficient detail. By placing an order on the portal, you agree to be bound by the conditions of sale included in the item’s description without exception.
  • That product(s) ordered by you may be replaced by the Company in case of unavailability at the relevant store or for other reasons outside the control of the Company. You may however refuse to accept such replacement product, in which case an amount equal to the price paid for the original product will be refunded to you.

Reviews, Feedback, Submissions

  • All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the portal or otherwise disclosed, submitted or offered in connection with use of the portal (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
  • The Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction and without compensating the user in any way. The Company is and shall be under no obligation to: (i) maintain any Comments in confidence; or (ii) pay compensation for any Comments; or (iii) respond to any Comments. You agree that any Comments submitted by you on the portal will not violate the Terms of Use or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the portal will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. The Company does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the portal. You hereby grant the Company the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Company and its affiliates against all claims, loss and liabilities resulting from any Comments you submit.
  • Further, any reliance placed on Comments available on the portal from a third party shall be at your sole risk and expense.

Limitation of Liability

  • The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
  • It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.

Termination

  • This User Agreement is effective unless and until terminated, either by you or by the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the portal. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the portal.
  • The Company’s right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the portal or affect any liability that may have arisen under the User Agreement prior to the date of termination.

Government and Jurisdiction

  • The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
  • Any dispute or difference, whether on interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Delhi and the language of the arbitration shall be English.
  • Subject to the aforesaid, the Courts at Delhi shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.

Grievance Policy

  • In accordance with Information Technology Act, 2000 and the Information Technology (Intermediaries Guidelines) Rules, 2011, the name and contact details of the Grievance Officer who can be contacted for any complaints or concerns pertaining to the portal, including those pertaining to breach of the Terms of Use or and other polices are published as under.

Abhishek Marwaha
Ujosho
New Delhi
Email address: customercare@ujosho.com