Terms and Conditions

 

This document described below constitutes an electronic contract, enforceablein terms of Information Technology Act, 2000 read-with applicable Rulesmade thereunder, as amended from time to time,about the rules and regulations, privacy policy and terms of use for access or usage of ListNBuy Platform: _________________(website and App link to be placed)including the related mobile site and mobile application (hereinafter referred to as "Platform"). This electronic record is generated by a computer system and does not require any physical or digital signatures.

 

For the purpose of these T&C, wherever the context so requires “You” or “User(s)” (whether Registered User(s) or Guest Use(s)r) is subject to the T&C contained herein.

 

ListNBuy is a Platform offered and operated by YellowSpree Technologies LLP, a Limited Liability Partnership incorporated and registered under the provisions of Limited Liability Partnership Act, 2008 (having LLPIN: AAT-2793), having its registered address at H/103, Akash 3,132 Feet Road, B/H A.E.CO. Office, Nr. Sahajanand Tower, Naranpura, Ahmedabad- 380013(YellowSpree)

The term “ListNBuy” or “YellowSpree”or  “We” or “Us” or “Our” shall mean YellowSpree Technologies LLP and its affiliates.

 

NOTWITHSTANDING ANY ORAL OR WRITTEN INFORMATION, OPINIONS, EVALUATIONS, DESCRIPTIONS OR CONSULTATIONS OF ANY KIND FURNISHED BY LISTNBUY TO THE CONTRARY, USER SPECIFICALLY AGREES TO THE TERMS SET FORTH BELOW.

 

TERMS AND CONDITIONS:

The T&Cis between ListNBuyand User of ListNBuy Platform. Changes in law or changes in YellowSpreebusiness may require changes to be made to the T&C from time to time ("Revised T&C"). As such, ListNBuyencourages its User to review T&Cthe periodically for any such changes. If User opts to register with the Platform, then at the time of registration with the Platform______registered user ("Registered User"), User declares to have carefully read, understood, comply and agree by clicking “I Accept” button/check box; You are bound by these T&C and will be construed as Your unequivocal and irrevocable acceptance and acknowledgement on Your accesses, browses or use of the Platform and user’s continued usage of the Platform shall signify user’s acceptance to be bound by the latest T&C.

 

 

If Youdisagree or cannot comply with any part of the T&C then You may not access the Platform.

 

USER CONDUCT AND CONTENT

 

User agrees to comply with all legal requirements of the jurisdiction in which users are located and the laws of India with regard to User’s usage of the Platform, and User acknowledges that they are entirely responsible for ensuring User’s own familiarity with such requirements and user’s own compliance with the same.

 

The Platform may at times provide opportunities for Users to post reviews and other comments, questions, suggestions or other information ("User Content") on or through this Website by e-mail or telephone, or otherwise disclosed, submitted or offered in connection with user’s use of this Platform. User warrants that any such User Content submitted by user to the Platformis original (and does not infringe the intellectual property rights of others), and User hereby grants ListNBuy/ YellowSpreea perpetual, irrevocable, non-exclusive, royalty-free, transferable right and licence to use such User Content however ListNBuy/ YellowSpreedesires, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such User Content and/or incorporate such User Content into any form, medium or technology throughout the world, without any further recourse to User, and User hereby waive any moral rights in such User Content. User agrees that they will not post any content that is contrary to morality, defamatory, inflammatory, that infringes intellectual property rights, or that may otherwise breach common decency or be contrary to law.

 

ListNBuy/ YellowSpreewill be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any User Content you submit for any purpose whatsoever, without restriction and without compensating user in any way. ListNBuy/ YellowSpreeis and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay to user any compensation for any User Content; or (3) to respond to any User Content. User agrees that any User Content submitted by user to the Platform will not violate the Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right/s, and will not cause injury to any person or entity.

User further agrees that they shall not host, display, upload, modify, publish, transmit, update or share any information or User Content that:

a. is False;

b. belongs to another person and to which the user does not have any right to;
c. 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, including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;

 

d. harm minors in any way;

f. infringes any patent, trademark, copyright or other proprietary rights;

g. violates any law for the time being in force;

h. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

i. impersonate another person;

j. contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam" contains malware or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
k. 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.

ListNBuy/ YellowSpreedoes not regularly review posted User Content, but does reserve the right (but not the obligation) to monitor and edit or remove any User Content submitted to the Platform. User grants ListNBuy/ YellowSpreethe right to use the name that user submits in connection with any User Content. User agrees not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content user submit. Users are and shall remain solely responsible for the content of any User Content user make and user agrees to indemnify YellowSpreeand its Partners, its affiliates and group companies for all claims resulting from any User Content user submits. ListNBuy/ YellowSpreeand its Partnersand its affiliates and group companies take no responsibility and assume no liability for any User Content submitted by user or any third party.

 

ACCOUNT AND REGISTERED USER:

In order to purchase any Products on the Platform, User has to register and create an account secured by a password (the "Account"). Any Account so created is personal to user, and user may not transfer it to another person. User’s registration or order shall be complete after user accepts the Terms. The Terms will apply each time user submit an order for any Products on the Platform.

Use of the Platform is available only to persons who can enter into legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" under the Indian Contract Act, 1872 including minors, un-discharged insolvents, mentally not fit etc. are not eligible to use the Platform. If user registers and creates an Account, user is a "Registered User". To become a Registered User to submit an order for any Products on the Platform, user must be at least 18 years of age, and must provide true, accurate, current, and complete in all respects information about himself (including name, date of birth, email address, phone number and other details) as requested during the Account creation process or at the time of submission of the order on the Platform. If user is under the age of 18 years, use of the Platform may be made by user’s legal guardian or parents on the Website who agrees to be bound by these Terms. If user’s parent or legal guardian agreeing to these Terms on behalf of a person under the age of 18 years, user’s parent or legal guardian is fully responsible for his or her use of this Platform, including all financial charges and legal liability that he or she may incur.

 

You are however prohibited (even under provision) from purchasing any product(s) which is for adult consumption, the sale of which to minors is prohibited.

 

 

If You are using the Platform on behalf of any corporation, company, institution, association or other entity, the person should be authorized by such corporation, company, institution, association or other entity to use and access the Platform.

 

We reserves our right to refuse access to use the services offered at the Platform to new Users or to terminate access granted to existing Users at any time without according any reasons for doing so.

 

By registering and using the Platform, user warrants that the information provided by user in the course of the registration process or in the course of submission of order for any Products on the Platform is true accurate, current, and complete in all respects and user undertakes to ensure that such information is kept up-to-date and agrees that such information shall be treated as per the Privacy Policy(as defined below).

User is responsible for maintaining the confidentiality of user’s Account and password and for restricting access to user’s personal computer or electronic or other mobile or wireless device, and user agrees to accept responsibility for all activities that occur under user’s Account or password. ListNBuy/ YellowSpreeassumes no liability to any person for any loss or damage which may arise as a result of any failure by user in protecting user’s password or Account. If ListNBuy/ YellowSpreehas reason to believe that there is likely to be a breach of security or misuse of the Platform, ListNBuy/ YellowSpreemay require user to change user’s password or ListNBuy/ YellowSpreemay suspend user’s account without any liability and prior intimation.

When user uses the Platform or send emails or other data, information or communication to ListNBuy/ YellowSpree, user agrees and understands that they are communicating with ListNBuy/ YellowSpreethrough electronic records and user consents to receive communications via electronic records from ListNBuy/ YellowSpreeperiodically and as and when required. By registering user’s phone number with ListNBuy/ YellowSpree, user consents to be contacted by ListNBuy/ YellowSpreevia phone calls and/or SMS notifications, in case of any order, shipment, delivery, and other communications. ListNBuy/ YellowSpreemay communicate with user by email or phone or other modes of communication, electronic or otherwise.

Solely to enable ListNBuy/ YellowSpreeto use the information user supply ListNBuy/ YellowSpreewith, so that ListNBuy/ YellowSpreeis not violating any rights user might have in user’s Information, user agrees to grant ListNBuy/ YellowSpreea non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights user have in user’s Information, in any media now known or not currently known, with respect to user’s Information. ListNBuy/ YellowSpreewill only use user’s information in accordance with the Terms of Use and Privacy Policy(as defined below ) applicable to use of the Platform.

 

 

SERVICES; ORDER, PRICING AND PAYMENT:

 

The Services shall include:

i. The provision to user of the Platform to purchase any Products;

ii. Procuring a logistics Company experienced with collection and transportation to deliver user’s purchased Products to user ("Logistics Supplier"); and

iii. ListNBuy/ YellowSpree customer support, enabling users to contact SPAR at care@listnbuy.inwith any queries that users may have in relation to purchase of products and also user’s purchased Product/s.

 

User agrees to pay the full amount payable for the product as indicated during the order process, including any shipping costs or charges including taxes incurred with that order. All prices are displayed in Indian National Rupees.

 

ListNBuy/ YellowSpree may not accept your order for Products if (a) the item/s is/are out of stock; (b) ListNBuy/ YellowSpree is unable to obtain authorisation for user’s payment; (c) shipping restrictions apply to a particular Product / Location; (d) ListNBuy/ YellowSpree finds a Product or pricing error; or (e) for any other reason at ListNBuy/ YellowSpree’s sole discretion. In any of these situations, ListNBuy/ YellowSpree will inform user that order has not been accepted, will not process payment and will not be liable to user or any third party by reason of our decision to decline processing an order, or unwinding or suspending any transaction after processing has begun.

 

If there are any errors in the pricing that appears on the Platform or during the order process due to various reasons. There may also be errors in transmission resulting in the interruption of user’s purchase. Without admissions, ListNBuy/ YellowSpree will in good faith try to resolve any issues that may arise as a result of such errors. User agrees to cooperate with ListNBuy/ YellowSpree to resolve such issues, and user agrees that ListNBuy/ YellowSpree shall have full discretion to determine the appropriate resolution in such cases.

 

All the products listed on the Platform will be sold at Indian Rupees either at Maximum Retail Price (MRP) (inclusive of all taxes) or at an Offer/discounted price (inclusive of all taxes), unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged to user on the date of delivery. Prices and taxes thereon in respect of all products are subject to change from time to time, without prior notice by ListNBuy/ YellowSpree. Online price may not match with offline price at store due to various reasons. User shall not raise any dispute on the same. In case user gets billed erroneously at a price higher than MRP printed on the product pack, user shall call customer care to refund the difference as per the company policy.

 

While availing any of the payment method(s) available on the Platform, ListNBuy/ YellowSpree will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to user due to:

i. Lack of authorization for any transaction/s, or

ii. Exceeding the preset limit mutually agreed by user and between "Bank/s", or

iii. Any payment issues arising out of the transaction, or

iv. Decline of transaction for any other reason/s

 

All payments made against the purchases/services on the Platform by user shall be compulsorily in Indian Rupees acceptable in the Republic of India and through instrument(s) issued in India or mode(s) for usage within India only. Platform will not facilitate transaction with respect to any other form of currency or instrument or mode with respect to the purchases made on Platform.

 

ListNBuy/ YellowSpree may offer multiple payment options through various instrument(s) or mode(s) for the convenience of the customers, including credit card, debit card, net banking, etc. Acceptance of card payment is at the sole discretion of ListNBuy/ YellowSpree and user may be asked to submit copy of photo identity proof too. ListNBuy/ YellowSpreereserves the right to add or remove or modify the terms and conditions for such payment options without prior notice. Without prejudice to the aforesaid, usage of any payment options on the Platform shall at all times be subject to rules, regulations and guidelines under applicable laws and those prescribed by RBI, issuer banks, acquiring banks, facility providers and other intermediaries involved in the payment process.

 

All payment transactions, including through credit/debit card, are subject to validation by the issuer as applicable. If the issuer of user’s payment instrument(s) refuses to authorise payment, ListNBuy/ YellowSpree has the right to cancel user’s order. ListNBuy/ YellowSpree cannot be held responsible if this should result in a delay in dispatching user’s goods/Products.

 

ListNBuy/ YellowSpree will evaluate customer buying and returning behaviour and reserves the right to refuse to process transactions to buyers with a prior history of questionable charges including without limitation breach of any agreements by buyer with ListNBuy/ YellowSpree or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.

 

ListNBuy/ YellowSpree may do such checks as it deems fit before approving the receipt of/buyers ‘commitment to pay (for Cash On Delivery transactions) transaction price from the Buyer for security or other reasons at the discretion of ListNBuy/ YellowSpree. As a result of such check if SPAR is not satisfied with the creditability of the buyer or genuineness of the transaction/transaction price, it will have the right to reject the receipt of/buyers’ (customer’) commitment to pay transaction price.

 

All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming user’s purchase at the end of the process, user agrees to accept and pay for the item/s requested.

 

Certain orders may constitute improper use of the Platform and its Services. ListNBuy/ YellowSpreereserves the right, at its sole discretion, to refuse or cancel any order for any reason. User’s Account may also be restricted or terminated for any reason, at ListNBuy/ YellowSpree’s sole discretion.

 

In the event that a Product is listed at an incorrect price due to an error in pricing, SPAR shall have the right, at ListNBuy/ YellowSpree’s sole discretion, to refuse or cancel any orders placed for that Product. In the event that a Product is mispriced, ListNBuy/ YellowSpreemay, at ListNBuy/ YellowSpree’s discretion, either contact user for instructions or cancels user’s order and notify user of such cancellation.

 

ListNBuy/ YellowSpreereserves the right, at its sole discretion and without prior notice, to limit the quantity / value of items purchased per person or per household or per order. These restrictions may be applicable to order placed by same account, the same credit card and also to orders that use the same billing and/or shipping address.

 

Payment Modes

ListNBuy/ YellowSpree offers the user multiple payment options both for online (Debit/Credit cards, Net Banking, Wallet, Gift Card& Landmark Reward Points) and offline (Cash or Card on delivery) however, ListNBuy/ YellowSpreereserves its right to add or delete or modify any mode of payment or order value limit without any prior notice.

 

For the Cash on Delivery (CoD) Payment option on an offline mode, the maximum order value is Rs 20,000/- However, ListNBuy can change this limit without further notice.

 

SHIPPING AND DELIVERY POLICIES

 

For ListNBuy/ YellowSpree to arrange to deliver any Products that user have purchased, user shall be solely responsible for providing the correct and accurate postal/delivery details.

 

Risk of loss and title for the Products that user purchase on the Platform pass to user upon delivery of user’s purchased Products by the Logistics Supplier.

 

Shipping of Products shall be subject to the policy and guidelines laid down herein from time to time which user may please go through.

 

ListNBuy/ YellowSpreeis not responsible for any delays in the shipping of user’s ordered and purchased Product/s, lost or missing Product/s or the incorrect delivery of the Product/s to user, which is due to user’s fault or due to inaccurate, false or incomplete information provided by user.

 

Should user received an item that is not in perfect condition please contact ListNBuy/ YellowSpreeimmediately at _____________(email id to be added), and arrange for the faulty Product to be returned to ListNBuy/ YellowSpree.

 

Delivery Slots and Timelines:

ListNBuy/ YellowSpreeprovides the option of delivery at user’s chosen location (within agreed deliverable areas) as well as option to place an order online and collect it from specified locations.

i. If user fails to take delivery on the agreed slot as mentioned, user needs to contact customer care team by phone or email. In case user wants modification in delivery slots or wants to cancel the order, user can inform the customer care team by phone or email. ListNBuy/ YellowSpree customer care team will also call in case user is not available to take delivery at the agreed slot.

ii. In case of any issues with taking delivery in the agreed slot, user can inform the customer care team 4 hours before user’s delivery slot for change in time slot by phone.

iii. In case of any issues with honouring the delivery slot from ListNBuy/ YellowSpreeside owing to circumstances beyond ListNBuy/ YellowSpree’s control, user will receive a call from ListNBuy/ YellowSpree customer care.

iv. Delivery slots are subject to availability. In case, user’s preferred delivery slot is not available, user will be prompted for next available delivery slots.

v. ListNBuy/ YellowSpreewill try to ensure delivery of all products ordered by user, however due to unforeseen issues, there is possibility that ListNBuy/ YellowSpreemay not be able to deliver a product ordered by user. User will receive a mail notification from ListNBuy/ YellowSpree customer care informing user about items that ListNBuy/ YellowSpreecannot deliver. User may also ask for cancellation/modification of order on account of this by calling customer care before delivery.

vi. It is user’s responsibility to count and check all the products while accepting the products as per user’s order. No dispute will be entertained by ListNBuy/ YellowSpree once user accepts the products at the delivery point/collection points. Delivery person will come with an invoice and user can check invoice and all products.

 

Click & Collect Order Packing Mechanism

User may choose to bring own bag or purchase carry bags from click and collect centre.

 

Shipping Charges:

ListNBuy/ YellowSpreewill do free Home delivery for order value of Rs. 499/- and above. However, Home delivery charges of Rs. 50/- will be charged for order value which is less than Rs. 499/-

 

RETURNS, REFUNDS, EXHANGE AND CANCELLATION POLICIES

 

 

RETURNS, REFUNDS, AND CANCELLATION POLICIES

 

ListNBuy/ YellowSpreehas "no questions asked return policy" which entitles all customers to return the product at the time of delivery if they are not satisfied with the quality.

 

1- Category-wise Return Policy

All products shall be subject to manufacturer’s warranty only and is not covered under return/exchange policy. User can return it to the delivery personnel at time of delivery or user can contact our customer support team and ListNBuy/ YellowSpree will do the needful. ListNBuy/ YellowSpree requests user to check all the items at the time of delivery. After sales service, wherever is applicable, will be provided by authorized service centres of the respective manufacturers, based on their terms and conditions of warranty. For reasons of health & hygiene, undergarments, personal care, swimwear, socks, cosmetics, crockery, Jewellery, frozen foods, dairy and bakery products, loose staples & dry fruits, fruits and vegetables, baby food, over the counter medication (OTC) & products of similar nature cannot be returned or exchanged later. Please refer returns and exchange policy for returns(below).

 

2- Refunds

Refunds for user’s order returns / cancelations / updates will be processed in the following manner:

 

i. In case of entire order getting cancelled or returned:

a. Prepaid Orders - The amount paid by credit card, debit card, net banking, online wallet and reward points will be paid back in respective tender in which amount was paid by the user.

b. Delivery charges will be also refunded to the user.

 

ii. In case of partial return

a. Prepaid Orders - The amount paid by credit card, debit card, net banking, and online wallet will be paid back in respective tender in which amount was paid by the user. The amount paid by reward points and gift cards will be credited to the user’s store wallet.

b. Delivery charges will not be refunded to the user.

c. If a product is returned and the user order value goes below minimum order requirement of Rs. 499, the user will not be assessed an additional delivery / packing fee of Rs. 50.

 

 

3- Return, Exchange and Cancellation Policy:

 

All products listed on our Platform can be returned subject to the following conditions:

 

Product Condition: A product cannot be returned unless it is defective, broken, faulty, leaking or not of satisfactory quality.

 

Products should be returned in the original condition the user had received them. Please understand that ListNBuy/ YellowSpree cannot accept returns under the following instances:

 

(i) Returns will not be entertained on altered, damaged, used products

(ii) Damages due to mishandling of product; (ii) products with tampered or missing labels; (iii) any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, original invoice and all other items originally included with the product(s) delivered.

 

Product Accessories / Freebies / Bundles & Combos: All the product accessories available with the product and / or all the freebies associated with the product and / or other products associated as "bundles" or "combos" with the product should also be returned so as to enable us to initiate the return process.

 

Validity Period:

a. Processed items - no refund, except if assessed poor quality. Product can be returned at the time of delivery

b. All Fresh items - Product can be returned at the time of delivery

c. Dairy & Frozen items - Product can be returned at the time of delivery

d. Dry items - Within 24 hours of delivery (contact customer care team)

 

4- All payments made by the user towards correctly returned products will be refunded as per the Returns Policy(as defined herein). If the user thinks that ListNBuy/ YellowSpree has provided with an incorrect refund, please contact immediately on at care@listnbuy.in

 

5- Please note card refunds in case of prepaid orders may take up to 15 business days for the user’s bank to complete, depending on their processing time. This can vary greatly between card issuers, and ListNBuy/ YellowSpree shall not be liable for any delays in refund by card companies. ListNBuy/ YellowSpreeoffers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. This is on account of the multiplicity of organisations involved in processing of online transactions, the problems with Internet infrastructure currently available and working days/holidays of financial institutions.

 

6- Cancellation by customer

User can call ListNBuy/ YellowSpree customer care to cancel the orders up to 4 hours prior to the preferred delivery slot. User can call customer care within the operational hours that is 10:00 am to 07:00 pm all 7 days of the week. In such a case ListNBuy/ YellowSpree will refund any payments already made by the user for the order within 15 working days of user’s cancellation as per refund policies.

 

i. Partial cancellation by customer

In case of partial cancellation, the order value will be recalculated. In such a case ListNBuy/ YellowSpree will refund any payments already made by the user for the order within 15 business days of user’s cancellation as per refund policies.

 

ii. Cancellation by ListNBuy/ YellowSpree

 

If ListNBuy/ YellowSpree suspects any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the Platform, ListNBuy/ YellowSpree at sole discretion could cancel such orders. ListNBuy/ YellowSpree will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.

 

While every effort has been taken to label the products accurately, errors in data entry and updating may occur. ListNBuy/ YellowSpreereserves the right to cancel the order in case a transaction has been made where the prices indicated was not the correct price. In the rare event that happens, ListNBuy/ YellowSpree will give a full refund of all money received from the customer. ListNBuy/ YellowSpreehas full right to cancel any order which does not fall under the service criteria and/or is not from the city, pin code or area where ListNBuy/ YellowSpree is currently not servicing.

 

PRIVACY POLICY

 

PLEASE READ THIS PRIVACY POLICY CAREFULLY. BY ACCESSING OR USING LISTNBUY/ YELLOWSPREE’S PLATFORM, LISTNBUY/ YELLOWSPREE ACKNOWLEDGE THAT USER HAVE READ, UNDERSTAND, AND AGREES TO BE BOUND TO ALL THE TERMS OF THIS PRIVACY POLICY AND LISTNBUY/ YELLOWSPREE’S PLATFORM T&C. IF USER DOES NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE PLATFORM.

 

Information Collected

The Information ListNBuy/ YellowSpreecollects about user may be broadly described in the following categories:

 

Personal Information: User name, address, phone number, email address, password, billing and debit card / credit card Information, order history, feedback, IP address and location, digital device name, type and configuration, details relating to user's download of Publications via the Service (including details relating to the time of the download, any interruptions, and the success or failure of the downloads), the URL from which user accessed the Platform, demographic Information, and other such 'Personal Information'.

 

General Information: ListNBuy/ YellowSpree may also receive more general Information from user as a result of user's visits to, and use of, the Platform. This general Information does not identify user personally, and can include Information such as user's IP address, the length of time user spend on the Platform, user's browsing history, and other such 'General Information'. This general Information may also include history relating to the transactions made by user on the Platform.

Personal Information and General Information shall collectively and individually be referred to as "Information".

 

All the above Information is collected for:

 

Better servicing and account maintenance;

To seek user's feedback or to contact user in relation to those services offered;

Making the offerings more relevant to user and user's desires ensuring no spam mails go through;

Keeping track of the transactions, to help in case of any dispute situations; dealing with enquiries, requests or complaints and other customer care related activities; and all other general administrative and business purposes; marketing products and services; carrying out any activity in connection with a legal, governmental or regulatory requirement or in connection with legal proceedings, crime or fraud prevention, detection or prosecution;

To effectively administer and fulfil obligations under any agreement ListNBuy/ YellowSpreemay have with user;

To collect the Information ListNBuy/ YellowSpree shall use channels such as physical forms, call centre, website (including cookies), emails, promotional offers, surveys and mailers. Participation in some of these channels is optional but user may be required to provide user's Information in order to participate. ListNBuy/ YellowSpreeis not liable to verify the authenticity or accuracy of any Information ListNBuy/ YellowSpreecollects from user.

 

From time to time ListNBuy/ YellowSpreemay ask user to update user's contact & Information on ListNBuy/ YellowSpree authorized Platform, contact centre or through any other approved channels. This is to help keep user updated on services, any changes in the services and its enhancements. ListNBuy/ YellowSpree will not be liable for any failure or default to notify user of any service, any change in service or its enhancement if user fails to update such Information in a timely manner.

 

Access to Information:

ListNBuy/ YellowSpree collects user's Personal Information to enable us, amongst other things, to provide the Platform and ListNBuy/ YellowSpreeServices to user. ListNBuy/ YellowSpreetakes all steps reasonably necessary to protect against the unauthorised access, use, alteration, disclosure or destruction of Personal Information.

 

Information Storage & Sharing:

Any Information that ListNBuy/ YellowSpreecollects and stores that is personally identifiable is protected using appropriate means, and although ListNBuy/ YellowSpree does so, it will not be held responsible for any unauthorised access by third parties.

 

All Information shall be stored by ListNBuy/ YellowSpreeor one or more of ListNBuy/ YellowSpreevendors, who will be bound by a non-disclosure agreement with ListNBuy/ YellowSpree. ListNBuy/ YellowSpree reserves the rights to hold user's Information indefinitely.

 

User agrees that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.

 

ListNBuy/ YellowSpree will share user's Information with third parties only in the ways that are described in this Privacy Policy. ListNBuy/ YellowSpreemay disclose the Information collected and received under this Privacy Policy:

 

With one or more of ListNBuy/ YellowSpreecorporate entities and affiliates globally to help detect and prevent identity theft, fraud and other potentially illegal acts; correlate related or multiple accounts to prevent abuse of ListNBuy/ YellowSpree' services; and to facilitate joint or co-branded services as part of service offered to user through Platform.

As required by law, such as to comply with a summons, or similar legal process, etc.;

When ListNBuy/ YellowSpree believes in good faith that disclosure is necessary to protect ListNBuy/ YellowSpree' rights and interests, protect user's safety or the safety of others, investigate fraud, or respond to a government request and the like;

With ListNBuy/ YellowSpree' trusted services providers who work on ListNBuy/ YellowSpree' behalf, do not have an independent use of the Information ListNBuy/ YellowSpree disclose to them, and have agreed to adhere to the rules set forth in this Privacy Policy.

ListNBuy/ YellowSpreemay also share user's Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, ListNBuy/ YellowSpreeis not responsible for any breach of security or for any actions of any third parties that receive user's Personal Information. ListNBuy/ YellowSpreeis not liable for any loss or injury caused to user as a result of user providing user's Personal Information to third party (including any third party websites, even if links to such third party websites are provided on the Website).

 

User may receive promotional offers, campaign details, Company news, updates, related product or service Information, etc by email among other means. If user has opted to receive promotional offers there will be unsubscribe options with all such category of offers and user may choose to unsubscribe from such offers at any time by following the instructions included at the bottom of each email, or by contacting via ListNBuy/ YellowSpree’s Platform.

 

Selectively, user may also receive various offers via user's mobile number or postal mail. ListNBuy/ YellowSpree also contacts user via email for administrative purposes, such as change notifications or if ListNBuy/ YellowSpreeupdate Privacy Policy. While user can elect to stop receiving email for promotional offers (as described above), user cannot unsubscribe from these administrative messages while enrolled on the Platform.

 

ListNBuy/ YellowSpreecustomer care department may also contact user in response to an inquiry user submits. Customer care may also contact user with regard to a particular problem that may have occurred with user's account or with an offer in which user may have participated. ListNBuy/ YellowSpreemay use this Information to learn more about user's participation in the Platform and make it more relevant to user's interests.

 

Information access by member:

ListNBuy/ YellowSpreerespects user's privacy and is committed to ensuring the confidentiality of user's Information with us. ListNBuy/ YellowSpree may contact user with useful Information on products and services through ListNBuy/ YellowSpreetelemarketing / telecalling activities, which may be beneficial for user. However, if user does not wish to be contacted through ListNBuy/ YellowSpree telemarketing calls or messages, ListNBuy/ YellowSpreerequests user to kindly register at ListNBuy/ YellowSpree contact centre and give details of the telephone on which user does not wish to be contacted. However, ListNBuy/ YellowSpreereserves the right to contact user through telecalling for Services related to user's account. Further, ListNBuy/ YellowSpreeis committed to follow the laws laid out with regards to telecalling and telemarketing and, follow the guidelines set by any regulatory authority like TRAI in cases of DND policy or any such similar rules which may be in force.

 

Once user has registered for any such DND policy, user's telephone number(s) will be removed from all ListNBuy/ YellowSpreetelemarketing calling lists within 30 (thirty) working days. ListNBuy/ YellowSpreewill ensure that user does not get any further telemarketing calls on the telephone number(s) that user has registered.

 

Voice Call Recordings at Contact Centre:

With a view to providing the best possible service to its customers, ListNBuy/ YellowSpreewill be:

 

i. Recording voice calls made to ListNBuy/ YellowSpree's customer care with a view to provide better services

ii. Monitoring the voice calls recorded; and

iii. Overseeing the services furnished by the customer call centres.

iv. Sharing with one or more our affiliate companies, all or any particular call recordings received from those customers who have been enrolled with ListNBuy/ YellowSpree on the Platform and/or a report with details of the complaints, if any, received by user or the customer. The sharing of voice recordings received from the call centres with ListNBuy/ YellowSpreeaffiliate Companies will be done in due compliance of applicable privacy laws.

 

All of the aforesaid activities are done, inter alia, to:

 

i. Improve customer satisfaction

ii. Assure quality management and customer experience

iii. Identify and analyze the patterns and the types of requests / complaints raised by customers frequently on a real time basis

iv. Initiate remedial measures to prevent the re-occurrence of such complaints / issues

v. Retain a recording of the voice calls; and

vi. Support any transactions that take place over the phone and / or if there is a dispute

 

 

Treatment of Personal Information:

ListNBuy/ YellowSpreemaintains physical, electronic and procedural safeguards to protect the Information. Specific employees only are authorized to access the Information on a need to know basis for business purposes only.

 

To keep user's Personal Information safe, ListNBuy/ YellowSpreeensures that sensitive and private data exchanges between user and ListNBuy/ YellowSpreehappens over a Secure Sockets Layer (SSL)-secured communication channel, and are encrypted and protected with digital signatures. SSL-secured communication channels are specially designed to protect personal and sensitive Information (payment details), which is sent over the internet and adapted it with some good points found across the other major e-commerce players in India. The security of user's Personal Information is important to ListNBuy/ YellowSpree. ListNBuy/ YellowSpreestrives to ensure the security of user's Personal Information and to protect user's Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, ListNBuy/ YellowSpreeadopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where ListNBuy/ YellowSpreestores user's Personal Information. To keep user's Personal Information safe, ListNBuy/ YellowSpreeensures that sensitive and private data exchanges between user and ListNBuy/ YellowSpree happens over a Secure Sockets Layer (SSL)-secured communication channel, and are encrypted and protected with digital signatures. SSL-secured communication channels are specially designed to protect personal and sensitive Information (payment details), which is sent over the internet.

 

If the user chooses a payment gateway to complete any transaction on Platform then the user's debit/credit card data (last 4 digits of card details) may be stored in compliance with industry standards.

 

The User may review or update the Personal Information that ListNBuy/ YellowSpreeholds in respect of the user's account by using the ListNBuy’s Platform

 

Treatment of General Information:

ListNBuy/ YellowSpreealso collects the user's General Information to allow us, amongst other things, to better understand ListNBuy/ YellowSpree users and improve the layout and functionality of the Platform. ListNBuy/ YellowSpreemay use and disclose anonymous Information, including aggregate anonymous Information derived from user's Personal Information, to inform publishers, partners, trusted affiliates, advertisers, and other interested parties as to the usage habits or characteristics of ListNBuy/ YellowSpree' customer base, and to serve any other business purposes.

 

Change in the Privacy Policy & User's Consent:

Changes in law or changes in ListNBuy/ YellowSpree' business may require changes to be made to the terms of this Privacy Policy from time to time so ListNBuy/ YellowSpreeencourages the user to review this Privacy Policy periodically for any such changes. As ListNBuy/ YellowSpreeprivacy policy is subject to change at any time without notice, it is the user's responsibility to carefully read, agree with the Privacy Policy on each occasion the user uses the Platform. By using or browsing the Platform, the user agrees to be bound by the terms and conditions of this Privacy Policy (as amended and in force from time to time) and the user expressly consent to ListNBuy/ YellowSpree use and disclosure of the user's Information including personal Information and other Information in accordance with this Privacy Policy (as amended from time to time). If the user does not agree to the terms of this Privacy Policy, please do not use Platform or any Services thereof.

 

Opt out rights:

In the event, the user does not wish that the user's Information to be used for the purposes mentioned herein or the user wish to withdraw consent for use of user's Information please e-mail us at ___________. In such events, ListNBuy/ YellowSpreemay not be in a position to provide the user any benefits or Services. Also, in case the user chooses to not share user's name and/or mobile number, the user's registration from the Platform will be terminated.

 

Anti-Spam Policy:

Since email is an integral part for the Service being rendered, user's sharing of email contact with ListNBuy/ YellowSpreeallows sharing the offers and promotions relating to the Service or Platform via email with user. If the user later decides not to receive any offers and or promotions relating to the Service or Platform, the user may unsubscribe by communicating to ListNBuy/ YellowSpree. Please note that opting not to receive email does not exempt user from receiving administrative emails that include but are not limited to, notices about membership status changes or alterations to ListNBuy/ YellowSpreeterms of Service or this Privacy Policy any other service requests.

 

Data Accuracy, Verification and Supplementation:

It is in the user's interest and it is ListNBuy/ YellowSpreeobjective, for ListNBuy/ YellowSpreeto have accurate, current and complete Information concerning the user and user's account. ListNBuy/ YellowSpreehas strict procedures that employees abide by to meet this objective. While some procedures are required by applicable laws, ListNBuy/ YellowSpree has implemented additional procedures to maintain accurate, correct and complete financial Information, including processes to update Information and remove outdated Information. If the user believes that ListNBuy/ YellowSpreehas incorrect Information about user or user's accounts, please intimate ListNBuy/ YellowSpree. ListNBuy/ YellowSpree will correct any erroneous Information as soon as possible.

 

Data verification involves the use of third-party data processing services to standardize and clean user's provided Information so that it is easily identified and accessed in ListNBuy/ YellowSpree database.

 

Guarding user's own Information: ListNBuy/ YellowSpreerecommends that user to take the following precautions to guard against the disclosure and unauthorized use of user's Information:

 

i. never provide Information that can be used to access the user's account over the phone unless the user have initiated the call and know with whom the user is speaking;

ii. update any changes in addresses or contact Information immediately through the proper channel;

 

While ListNBuy/ YellowSpreewill endeavour to take all reasonable and appropriate steps to keep secure any Personal Information which ListNBuy/ YellowSpreeholds about the user and prevent unauthorized access, the user acknowledges that the internet or computer networks are not fully secure and that ListNBuy/ YellowSpreecannot provide any absolute assurance regarding the security of user's Personal Information.

 

DISCLAIMER OF WARRANTIES

 

To the fullest extent permissible by law, ListNBuy/ YellowSpreedoes not warrant that the Platform or any of the Services or Products available through it will be uninterrupted or free from errors. There may be delays, omissions, interruptions and inaccuracies in materials or Services available through the Platform or that the Services will meet any particular criteria of performance or quality.

 

ListNBuy/ YellowSpree makes no representation or warranties about the accuracy, completeness, timeliness, reliability or non-infringement of any content on the Platform or Services available through it.

 

Although ListNBuy/ YellowSpreeintends to take reasonable steps to prevent the introduction of viruses, worms or other malicious code to the Platform, ListNBuy/ YellowSpree does not represent or warrant that the Platform, or Services, features or materials that may be available through the Platform, are free from such destructive features. ListNBuy/ YellowSpreeis not liable for any damages or harm attributable to such features.

 

Electronic transmissions of data including the Internet are public media and any use of such media is public not private. Information related to or arising from such use is either public or the property of those collecting the information and not personal or private information. ListNBuy/ YellowSpreedoes not warrant and cannot ensure the security or confidentiality of any information user transmits to Platform. Accordingly, any information user transmits to the Platform is transmitted at the user’s own risk.

 

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THIS PLATFORM AND THE SERVICES ARE PROVIDED BY LISTNBUY/ YELLOWSPREE ON AN "AS IS" AND "AS AVAILABLE" BASIS. LISTNBUY/ YELLOWSPREE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE SERVICES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS PLATFORM. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, LISTNBUY/ YELLOWSPREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR NON-INFRINGEMENT WITHOUT LIMITING THE FOREGOING, LISTNBUY/ YELLOWSPREE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS PLATFORM. USER ACKNOWLEDGE, BY USER’S USE OF THE LISTNBUY/ YELLOWSPREE’ PLATFORM, THAT USER’S USE OF THE PLATFORM IS AT USER’S SOLE RISK. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE PRODUCT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE T&C.

 

PRODUCT INFORMATION ACCESSED THROUGH THIS PLATFORM IS OBTAINED FROM CLAIMS MADE BY THE PRODUCT'S MANUFACTURER/SUPPLIER. AT TIMES, MANUFACTURERS/SUPPLIERS MAY ALTER THEIR LABELS SO ACTUAL PRODUCT PACKAGING AND MATERIALS MAY CONTAIN DIFFERENT INFORMATION THAN THAT SHOWN ON LISTNBUY/ YELLOWSPREE’S PLATFORM, THUS LISTNBUY/ YELLOWSPREE CANNOT GUARANTEE OR ENSURE THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRODUCT INFORMATION. WE RECOMMEND THAT USER DO NOT SOLELY RELY ON THE INFORMATION PRESENTED AND THAT USER ALWAYS READ LABELS, WARNINGS, AND DIRECTIONS BEFORE USING OR CONSUMING A PRODUCT. FOR ADDITIONAL INFORMATION ABOUT A PRODUCT, PLEASE CONTACT THE MANUFACTURER/SUPPLIER. LISTNBUY/ YELLOWSPREEASSUMES NO LIABILITY FOR INACCURACIES OR MISSTATEMENTS ABOUT PRODUCTS. CUSTOMER REVIEWS ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. CUSTOMER REVIEWS REFLECT THE INDIVIDUAL REVIEWER'S RESULTS AND EXPERIENCES ONLY AND ARE NOT VERIFIED OR ENDORSED BY LISTNBUY/ YELLOWSPREE.

 

LIMITATION OF LIABILITY AND INDEMNITY

 

Nothing in these T&C  is intended to affect user’s rights under law. The use of the Platform or any of the Services or Products is at the user’s own risk, and unless otherwise stated in these T&C, the user assumes full responsibility and risk of loss resulting from the user’s use of the Platform or any of the Services or Products.

 

By using the Platform, the User agrees, to the fullest extent permitted by law, to indemnify and hold ListNBuy/ YellowSpree, its partners, officers, employees, affiliates, group companies, agents, contractors, and licensors harmless with respect to any claims arising out of user’s breach of these T&C, user’s use of the Platform or any of the Services, user’s non-compliance with applicable laws or regulations in the jurisdiction in which users are accessing the Platform or the Services, or any action taken by ListNBuy/ YellowSpreeas part of its investigation of a suspected violation of these T&C or as a result of its finding or decision that a violation of these T&C has occurred. User agrees to defend, indemnify and hold harmless ListNBuy/ YellowSpree and its partners, officers, employees, its affiliates and group companies from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to user’s use of the Platform or any breach by the User of these T&C.

 

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL LISTNBUY/ YELLOWSPREE OR ANY OF ITS AFFILIATES, GROUP COMPANIES, ITS PARTNERS, EMPLOYEES, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO USER OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, BUSINESS INTERRUPTION, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORISED REPRESENTATIVE OF LISTNBUY/ YELLOWSPREE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH (I) THE USE OF OR INABILITY TO USE THE LISTNBUY/ YELLOWSPREE’PLATFORM; (II) USER’S USE OF OR RELIANCE ON THE PLATFORM, ANY INFORMATION, HYPERLINKS OR CONTENT CONTAINED THEREIN, OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO USERTHROUGH THIS PLATFORM; (III) USER’S PROVISION OF INFORMATION, PERSONAL OR OTHERWISE, TO LISTNBUY/ YELLOWSPREE; (IV) THE PROVISION OF SERVICES BY LISTNBUY/ YELLOWSPREE; OR (V) ACTS OR NEGLIGENCE ON THE PART OF LISTNBUY/ YELLOWSPREE. IN NO EVENT WILL LISTNBUY/ YELLOWSPREE BE LIABLE FOR ANY LOSSES, DAMAGES OR EXPENSES IN EXCESS OF THE AMOUNT PAID BY USER TOWARDS THE PRICE OF THE PRODUCT IN RESPECT TO WHICH THE CLAIM AROSE. USER HEREBY RELEASES US FROM ANY AND ALL OBLIGATIONS, LIABILITIES AND CLAIMS IN EXCESS OF THIS LIMITATION.

 

 

COMPLIANCE REQUIREMENTS

 

Every User of the Platform shall at all times ensure to abide and comply with all the applicable laws, statutes, Ordinances (including but not limited to Information Technology Act, 2000, Foreign Exchange Laws, Goods and Service Tax, Income Tax, Local Levies and Direct/Indirect Tax(s)) and shall include any amendments, notifications and Rules and Regulations hereof for using the Platform or buying/ selling any product or service through the Platform. The User shall not engage in any transaction in any product or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

 

GENERAL

 

Any links or references to other Internet websites ("hyperlinks") contained on the Platform are provided by ListNBuy/ YellowSpreemerely as a convenience to the user and other users of the Platform, and ListNBuy/ YellowSpreeis not responsible for the content or operation of any such linked sites, or liable, directly or indirectly, for the privacy practices or the content of such linked sites. Any hyperlinks to such linked websites should no way be construed as an endorsement, representation(s) or promotion by ListNBuy/ YellowSpree as to the content, representations, accuracy, products or Services found or otherwise described in such linked websites. Use of these linked websites is done at the User’s own risk and consequences.

 

Except as otherwise expressly stated, ListNBuy/ YellowSpreeowns/has control or has licensed the copyright, trademark and all other intellectual property contained in the Platform, including but not limited to all text, images or links. All product names, trade names, service names, tag lines, or logotype distinguished in form, text, or otherwise from surrounding text (e.g. all capital letters), (collectively, "Marks") are trademarks owned (registered or otherwise) by or licensed to ListNBuy/ YellowSpreeunless otherwise noted. The Marks on the Platform are variously protected by the laws of India. No use of any of these Marks may be made without the prior, written authorisation of YellowSpree, except for the sole purpose of identifying the products or Services originating from ListNBuy/ YellowSpree. ListNBuy/ YellowSpreeexpressly reserves all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Platform. Access to this Platform does not confer and shall not be considered as conferring upon anyone any license under any of ListNBuy/ YellowSpree's or any third party's intellectual property rights. Access to this Platform does not authorise anyone to use any name, logo or mark in any manner.

 

User shall not copy, reproduce, republish, modify, distribute, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, use for commercial purposes any of the materials and make available to the public, or otherwise use the Platform content in any way except for user’s own personal, non-commercial use. User further agrees not to adapt, alter or create a derivative work from the Platform content except for user’s own personal, non-commercial use. Any other use of the Platform content is strictly prohibited and requires a prior written permission from YellowSpree.

 

YellowSpreereserves the right to correct any errors or omissions in the Platform and to improve the contents at any time without prior notice. If the user relies on the Platform and any materials or Services available through it, the user does so entirely at your own risk. Furthermore, YellowSpreereserves the right to alter, limit or discontinue the provision of any of the Services contained in this Platform at any time without prior notice to the User.

 

YellowSpreemay terminate or suspend user’s access to all or part of thePlatform, without prior notice, for any conduct that YellowSpree, in its sole discretion, believes is in violation of these T&C or any applicable law or is harmful to the interests of YellowSpreeor a third party. Notwithstanding such termination or suspension, User will continue to be subject to Clauses relating to user conduct and content , disclaimer of warranties, limitation of liability and indemnity, intellectual properties of these T&C. Except as otherwise expressly stated in these T&C, ListNBuy or YellowSpreeshall not be liable to the User or to any third party for any modification, termination, suspension or discontinuation of the Platform.

 

ListNBuymay use cookies, or other technologies, on thePlatform. Cookies are small files or records that ListNBuymay place on the User’s web browser / Mobile browser/Mobile device for collecting information about user’s activities on the Platform, preparing reports, assessing trends, and otherwise monitoring the way in which the Platform is being used. This is intended to enhance convenience for User, and to assist ListNBuy or YellowSpreeto run an efficient operation. By accepting these T&C, User confirms User’s consent to ListNBuy’s use of cookies, and other such technologies, for these purposes.

 

User is prohibited from violating or attempting to violate the security of the Platform, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the User is not authorised to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mail bombing" or "crashing;" (d) sending unsolicited email, including promotions and/or advertising of products or Services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

 

User shall not make any negative, denigrating or defamatory statement(s) or comment(s) about ListNBuyor YellowSpreeor otherwise engage in any conduct or action that might tarnish the image or reputation, of ListNBuyor YellowSpreeor otherwise tarnish or dilute any of ListNBuy or YellowSpreetrade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by YellowSpree.

 

The User understands that by using this Platform or any Services provided on the Platform, the User 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. The User agrees to use the Platform and any service at user’s sole risk and that ListNBuy/ YellowSpree, its partners, officers, employees, affiliates, group companies, agents, contractors, and licensors shall have no liability to the user for content that may be deemed offensive, indecent, or objectionable.

 

The Products on the Platform are presented solely for the purpose of sale and delivery at present at Ahmedabad, Gujarat, India. ListNBuy/ YellowSpreemakes no representation that Products in the Platform are appropriate or available for use in other locations. Those who choose to access the Platform  from other locations other than Ahmedabad, Gujarat do so on their own initiative and ListNBuy/ YellowSpreeis not responsible for the supply of products/refund for the products ordered from other locations/ other than Ahmedabad and compliance with local laws, if and to the extent local laws are applicable.

 

If any provision of these T&C is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these T&C shall remain in full force and effect. The failure of ListNBuy/ YellowSpreeto act with respect to a breach of these T&C by user or others does not constitute a waiver and shall not limit ListNBuy/ YellowSpree' rights with respect to such breach or any subsequent breaches.

 

User’s unauthorised use of this Platform may give rise to a claim for damages and/or be a criminal offence.

 

The T&C shall be governed by the laws of India and any disputes shall be subject to the exclusively jurisdiction of courts at Ahmedabad alone. If any portion of the Terms is held to be unenforceable, invalid or illegal by any court of competent jurisdiction, the remainder of the Terms shall not be affected.

 

User acknowledges and agrees that no joint venture, partnership, employment, or agency relationship exists between the User and ListNBuy as a result of User’s use of this Platform.

 

These T&C (i) constitute the entire agreement between the User and ListNBuywith respect to the subject matter hereof and supersedes any previous oral or written arrangements or understandings relating thereto, (ii) will be governed by the laws of the India as applied by the Courts of Ahmedabad alone(other than the conflicts of law’s provisions thereof), (iii) may not be amended, terminated or waived orally, and (iv) may not be assigned or resold, in whole or in part, directly or indirectly, by operation of law or otherwise, by the user.

 

ListNBuy shall not be held liable for any delay or failure in performance of any part of these T&C from any cause beyond our control and without our fault or negligence, such as acts of God, acts of civil or military authority, current laws and regulations and changes thereto, embargoes, epidemics, war, terrorist acts, riots, insurrections, fires, explosions, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, political unrest, other major environmental disturbances, unusually severe weather conditions, acts of hackers and other illegal activities of third parties, inability to secure products or services of other persons or transportation facilities, or acts or omissions of transportation or telecommunications common carriers or acts, omissions, overloading or slowdowns over the Internet or any third-party Internet service providers.

 

GRIEVANCE OFFICER:

 

In accordance with Information Technology Act 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

 

GRIEVANCE OFFICER

Mr.PraveshJha

YellowSpree Technologies LLP

203, Binori Ambit,

Sarkhej - Gandhinagar Highway,

Opp. New York Tower-A,

Thaltej,

Ahmedabad, Gujarat 380059

Phone: 079 49037000

Email: care@listnbuy.in

Time: 10:00 AM to 07:00 PM.

 

In case the User has any discrepancies and grievances in connection with this T&C or Privacy Policy, the User may please contact the Grievance Officer mentioned above.

 

If the user(s) has any other questions or clarifications regarding privacy or has questions about practices,

 

Thank you for your cooperation. We hope the User finds this Platform helpful and convenient to use.

Last updated: 26/10/2020