TERMS & CONDITIONS
https://keshavcart.com/ is owned and operated/owned by Destek Infosolutions Pvt. Ltd. (“Destek”), A private limited company incorporated under the Indian Companies Act, 2013 ,having its registered address at Office no. 702 , East Court, Phoenix Marketcity , Viman Nagar, Pune , Maharashtra – 411014
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.
Services of the Site would be available to only Pune, Maharashtra in India at sole discretion of Destek. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minor, un discharged insolvents etc. are not eligible to use the Site. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Destek website and shall not transact on or use the Site. If you are a minor i.e. under the age of 18 years but at least 13 years of age you may and willing to use or transact the Site, such use or transaction may be made by your legal guardian or parents on the Site. Provided that the Parent/s and/or legal guardian using and transacting the Site on behalf the minor is/are registered user/s and shall be prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited. Destek reserves the right to terminate your membership and/or refuse to provide you with access to the Site if it is brought to Destek’s notice or if it is discovered that you are under the age of 18 years.
REGISTRATION & OBLIGATIONS
All Users have to register and login for placing orders on the Site. You have to keep your account and registration details correct and updated for communications related to your purchases from the Site. By agreeing to the terms and conditions, you agree to receive promotional communication and newsletters upon registration. You can also opt out either by unsubscribing in “My Account” or by contacting the customer service.
Destek permits you to access and make personal use of this site and not to download (other than page caching) it, or any portion of it, except with express written consent of Destek. The permission to access or use the Site does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Destek. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of Destek and its affiliates.. You may not use any meta tags or any other “hidden text” utilizing the Site’s or Destek’s name or trademarks. Destek has a right to revoke the permission to use the Site with immediate effect incase of any unauthorized use.
Membership on the Website is free for buyers. Destek does not charge any fee for browsing and buying on the Website. Destek reserves the right to change its Fee Policy from time to time. In particular, Destek may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Destek reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Destek.
All the products listed on the Site will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order. While the price charged to customers will not change, there may be a variance between the order value and the final amount charged for products sold by weight. The exact weight of commodities, fruits or vegetables may vary slightly from what you have ordered so the price may vary to that extent
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to:
Lack of authorization for any transaction/s, or
Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
Any payment issues arising out of the transaction, or
Decline of transaction for any other reason/s
All payments made against the purchases/services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website will not facilitate transaction with respect to any other form of currency with respect to the purchases made on Website.
Before shipping/delivering your order to you, we may request you to provide your ID and address proof to establish the ownership of the payment instrument used by you for your purchase. This is done to provide you a safe shopping experience.
You understand, accept and agree that the payment facility provided by Destek is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Destek Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing Payment Facility, Destek is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the Transaction Price.
In the event you wish your refund to the credit/debit/bank account used to make the original payment please write to us via email or call our customer support.
All deliveries made as per your orders placed shall be subject to delivery charges as decided by Destek from time to time plus government taxes as applicable. Destek reserves the right to change its Fee Policy from time to time. Any changes in the delivery charges shall be posted on our website. Delivery will be made to the address specified by you on the order form. You are responsible for ensuring that someone is present at the delivery address to receive and pay for deliveries at the specified time of delivery. Anyone at the delivery address who receives the delivery is conclusively presumed to be authorized to receive and pay for the order. If you are not at home or unavailable when we reach, we will schedule a redelivery for you at an additional cost.
We will deliver your order to the main entrance of the delivery address. We always reserve the right to deliver only to the main entrance of the delivery address. We shall not be liable directly or indirectly for any special request by you to our delivery associate to deliver the order to any other place than the main entrance of the delivery address.
You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we will refund any payments already made by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the website, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
By using and transacting on this Website, you agree to comply with all the applicable laws and its amendments including but not limited to Information and Technology Act, 2000 and the rules made there under.
Fresh food forms a large part of what customers order and post delivery, a lot depends on when and how you store and consume the products. Therefore, we are unable to accept any returns after delivery. Therefore, it is important that you check and inspect all products at the time of delivery.
Destek does not hold any responsibility and liability with respect to the usage of the products delivered
You agree and confirm that:
1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by Destek for redelivery shall be claimed from you.
2. That you will use the services provided by the Site, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
3. You will provide authentic and true information in all instances where such information is requested of you. Destek reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated websites without prior intimation whatsoever.
4. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item’s description.
You may not use the Site for any of the following purposes:
1. Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
2. Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
3. Gaining unauthorized access to other computer systems.
4. Interfering with any other person’s use or enjoyment of the Site.
5. Breaching any applicable laws;
6. Interfering or disrupting networks or web sites connected to the Site.
7. Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
8. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password “mining” or any other illegitimate means
PRODUCT IMAGES AND DESCRIPTION
Product images that you see on our website are for representation only to enable you to get a fair idea about the products you want to order. The actual product could vary in terms of appearance, packaging etc. The product images and description provided on the website are on “as is” basis and without warranties of any kind expressed or implied. All information is believed to be accurate but is not guaranteed and subject to change. The product images, description and categories are solely provided for the purpose of your information and convenience without any expressed or implied warranties and liability of Destek. The image quality and colours of the product on the website shall depend on your monitor, we cannot guarantee that your monitor’s display of any colours will be accurate. The product contains caution notes copied from the product pack and are accurate to the best of our knowledge.
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Pune shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by Destek and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Pune.
Destek , its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Website does not confer and shall not be considered as conferring upon anyone any license under any of Destek or any third party’s intellectual property rights. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of Destek, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Site. Access to this Site does not authorize anyone to use any name, logo or mark in any manner. References on this Site to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Destek endorsement, sponsorship or recommendation of the third party, information, product or service. Destek is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to link to any such third party websites, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website or any related software. All software used on this Website is the property of Destek or its licensees and suppliers and protected by Indian and international copyright laws. The Contents on this Website are protected by Indian and international copyright laws.
You understand that by using this Site or any services provided on the Site, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Site and any service at your sole risk and that to the fullest extent permitted under applicable law, Destek and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless Destek, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to Destek or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either Destek. Destek may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to Destek. Upon any termination of the User Agreement by Destek, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Destek’s right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website or affect any liability that may have arisen under the User Agreement.
This Website, all the materials, products and services, included on or otherwise made available to You through this site 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, Destek does not warrant that:
• This Website will be constantly available, or available at all; or
• The information on this Website is complete, true, accurate or non-misleading.
Destek will not be liable to You in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. Destek does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; their servers; or electronic communication sent from Us are free of viruses or other harmful components
The services provided by www.Destek.in do not include the provision of computers or other necessary equipment to access the website. To use the www.Destek.in you will require Internet connectivity and appropriate telecommunication links. Destek shall not be liable for any telephone or other costs that you may incur.
In accordance with Information Technology Act 2000 and rules made thereunder, the name and contact details of the Grievance Officer are provided below:
The Grievance Officer
Destek Infosolutions Pvt. Ltd.
Address: Office No. 702, B wing, East Court, Phoenix Market City, Viman Nagar, Pune, Maharashtra – 411014
The terms and conditions of this Policy shall be governed by Indian Law and the courts in Pune shall only have exclusive jurisdiction to resolve any disputes.
UNCONDITIONAL CONSENT OR AGREEMENTS TO DESTEK AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF INFORMATION TECHNOLOGY ACT, 2000.