Corporate Information & Collection of Personal data
The Website “www.basketuncle.com” is owned by Mariana Technologies Private Limited(MTPL) (CIN: U72300WB2013PTC194776).
MTPL respects your privacy and believes in taking care of the confidentiality of the personal information shared with us by you on accessing our website.
While registering on the website, the personal information provided by an Individual can be collected and saved by MTPL like his/her Name, geographic location, email address, mobile No’s, postal pin codes etc and such other information like the number of visit made on the site, the links which were chosen and any other information that was browsed for.
Persons who are “incompetent to contract” as defined under the Indian Contract Act, 1872 including un-discharged insolvents etc are not eligible to use this website. Parental guidance and support is suggested for all users below the age of 18 years and their transaction should be routed through a registered valid user ID only. Products meant for “only for adult consumption” is strictly prohibited for purchase by a person below the age of 18 years. MTPL reserves the right to terminate your membership and/or refuse to provide you with access to the website if it is discovered that you are below the age of 18 years.
Access to our Website
MTPL grants to its users a limited access to it’s website for their personal use. Downloading of contents and modification of any type is not permitted. The user specifically agrees that reproduction, mixing or making of several copies, commercial utilization of any contents, misuse of the logo, text, images or any form of proprietary information as available on the site is specifically prohibited by MTPL. Any illegal or unauthorized use will lead to the termination of the permission or license (if any) granted by MTPL.
Registration of Account
Every visitor / user has to get itself registered first and then gain entry into the website through login route for making purchases or placing of Orders. The visitor/user has to provide its correct details each time at the time of entering the website so as to move ahead with its purchase or placing of orders. By clicking the log out icon, the visitor/user may opt out from the website.
All the products displayed on our site are sold at MRP unless specifically provided. The prices blocked at the time of making the Order will be the prices charged at the time of personal delivery. The prices of most of the commodities usually remain fixed but those of perishable items, fresh food and vegetables may change on daily basis due to external factors. In circumstances, 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 delivery of the Order.
Is cancellation of an Order Permitted?
The Visitor/ User can cancel its Order anytime up to the permissible by contacting the customer care desk. Any payments made in advance will be duly refunded by us. MTPL reserves the right to block suspected or fraudulent transaction and may initiate legal action after due verification and confirmation. The data related to suspected/ fraudulent transactions together with the personal information and contact details of the concerned visitor /user can be saved in the negative list and any further dealings from them may be declined by MTPL so as to safeguard its interest.
Mode of Return/ Refund
MTPL encourages the practice of “return of goods with refund and no questions”. This allows the Visitor / User to return the ordered goods, if at the time of delivery the concerned goods fail on the grounds of quality, freshness, damaged packing. In such cases, we will take back the concerned goods and a credit note will be issued for the value of returned goods if the same has been paid in advance which will be credited to the concerned Visitor /User account enabling him to pay for subsequent purchases.
Agreement and Confirmation by User
That he/ she has adequately checked the product description before placing of the Order and is agreeing and be bound to the terms and conditions of sale of the product.
That the contact details and address provided at the time of placing the Order are correct and proper in all respects.
That accessing the website is as per the free wish of the customer after adequate information and judgment made and all transactions have been made at his/her sole risk.
That all information provided by the Customers on the website are authenticated and true in all respect. If in any case it is found by MTPL that any untrue or fake information has been given, it reserves the right to refuse the registration or debar the customer from using the website without any prior intimation whatsoever to the customer.
That the services on the website are used by the customer only for valid and lawful purposes only.
That in the event of a non-delivery occurs on account of an error or incorrect information furnished by the customer (i.e. wrong name, address or any other wrong information) the extra cost incurred by MTPL for redelivery shall be claimed from the concerned customer.
Restrictions on the Customers
The Visitor/ User confirms that it will not host, display, upload, modify, publish, transmit, update or share any information that-
belongs to another person and to which the user does not have any right to;
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;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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 cognisable offence or prevents investigation of any offence or is insulting any other nation.
Modification of Terms & Conditions of Service / User Agreement.
MTPL may at any time without prior notice can modify the Terms and Conditions of Use / User Agreement. It is a kind request to all customers to regularly review the modified Terms and Conditions as applicable from time to time. In case of any disagreement with the modified terms and conditions, you should discontinue using the website. However if you wish to continue you shall be deemed to have agreed to accept and abide by the modified terms as available on the website.
Jurisdiction and Governing Laws
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Durgapur, West Bengal shall have the 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 MTPL 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 Durgapur, West Bengal. The Court of Durgapur alone shall have the jurisdiction and the Laws of India shall apply.
Reviews/ Feedback / Suggestions
All types of review, comments, feedback, suggestions and any other information in any form as provided by the User on this website shall be the property of MTPL by way of an assignment with full and complete rights and it can be used by MTPL in any form (commercial and non-commercial) for any purpose without any limitation, restriction.
MTPL do not own the followings:
(i) to maintain a data bank of all comments;
(ii) to respond to any type of comments;
(iii) to compensate the User in any form;
(iv) to respond on any type of discussion inter-se the customers.
The User agrees and confirms that his /her comments will not be unlawful or infringe the rights of other users and MTPL.
The User further agrees and confirms that no misleading, objectionable or false information will be provided on this website and nor any form of activities that may endanger the security of the server or this website will be undertaken by it/them. The User agrees to indemnify MTPL and its affiliates for any type of loss for the aforesaid actions.
Intellectual Property Rights
MTPL, its suppliers and licensors expressly reserve all intellectual property rights including but not limited to copyrights, trademarks, design rights etc. in all text, programs, products, processes, technology, content and other materials, which appear on the Website. Access to this Website does not confer and shall not be considered as conferring upon any one any license to use any of MTPL or any third party's intellectual property rights. All rights in and to the Website are owned by MTPL.
Any use of this website including but not limited to its contents, by way of copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of MTPL. You agree, understand and undertake that nothing contained herein grants in your favour any right to modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of MTPL, 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 Website. Access to this Website does not authorize anyone to use any name, logo or mark in any manner. References on this Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely for the purpose of convenience to you and do not in any way constitute or imply MTPL endorsement, sponsorship or recommendation of the third party, information, product or service. MTPL 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 Website. 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 MTPL or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website is strictly prohibited. Unless otherwise noted, all Contents including the copyrights, trademarks, trade dress and/or other intellectual property on the Website are owned, controlled or licensed by MTPL, one of its affiliates or by third parties who have licensed their materials to MTPL and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website is the exclusive property of MTPL and is also protected by Indian and international copyright laws.
The terms and conditions of this agreement shall remain valid till it is terminated by MTPL. MTPL reserves the right to terminate this agreement at any time without any prior notice and accordingly deny you access to our website. Such termination will be without any liability on the part of MTPL.
Customers are requested to destroy all contents, copies, images as downloaded from the website on the termination of this agreement by MTPL, however MTPL’s right to any comments/feedback/suggestions/ information’s placed by the customers shall survive any termination of this agreement. Any such termination of the agreement shall not cancel the customer obligations to pay for the goods already ordered from the website or affect any liability that may have arisen under the user agreement.
Disclaimer of Warranty and Limitation of liability
Your use of the website of MTPL and the internet is entirely at your sole risk. The services and contents on this website are provided on an “as is”, “as available” basis. To the fullest extent permitted by law www.basketuncle.com or MTPL as the case may be disclaims all representations and warranties, including but not limited to, warranties as to the availability, accuracy or content of information, products or services and warranties of title, non-infringement, merchantability or fitness for a particular purpose. Www.basketuncle.com does not warrant that the functions provided by www.basketuncle.com will be uninterrupted or error free, or that www.basketuncle.com or the server that makes it available are free from any type of viruses or other harmful components.
Neither www.basketuncle.com nor any of its directors, employees, agents, licensors or merchants (collectively its associates) shall be liable for damages of any kind, including but not limited to, direct, indirect, incidental, punitive and consequential damages, arising from your use of, or inability to use, the www.basketuncle.com service, www.basketuncle.com, the internet or for any other claims related in any way to your relationship with www.basketuncle.com.