TERMS AND CONDITIONS FOR USE OF GLUBERY

Welcome to Glubery!

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.

This document is published in accordance with the provisions of Rule 3 (1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of domain name/website [www.glubery.com] (“Glubery”, “Platform”).

Glubery is managed and operated by Offneeds Private Limited (“Offneeds”, “we”, “us” or “our”). Any natural or legal person who accesses and/or uses Glubery in any manner (“you” or “your”) or uses any current or future service or functionality or offer made available on Glubery (“Service”) will be subject to these terms and conditions for use of Glubery (“Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable to such Service (“Service Terms”). The term ‘person’ shall mean any sole proprietor, firm, company, corporation, government, state or agency of a state or any association, trust, joint venture, consortium or partnership (whether or not having separate legal personality) or any other body corporate duly incorporated under the laws of India.

As a visitor to the Site/ Customer you are advised to please read the Term & Conditions carefully. By accessing the services provided by the Site you agree to the terms provided in this Terms & Conditions document.

1. PERSONAL INFORMATION

“Glubery” is a trademark of Offneeds Private Limited, a company incorporated under the Companies Act, 2013 with its registered office at F No. B-41, P No. 102, SITARAM, Indraprastha Extension, Delhi 110092 (Company). The domain name www.glubery.com is owned by the Company. The Company holds a FSSAI license, bearing no. 10822999000108.

As part of the registration process on Glubery, We may collect the following personally identifiable information about you: Name including first and last name, email address, mobile phone number and contact details, Postal code, Company Name, GST Number and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.

2. PROVISION OF SERVICES

You must register on the Platform in order to access and use the Services. Further, Offneeds reserves the right, without prior notice, to restrict access to or use of certain Services (or any features within the Services) subject to other conditions that Offneeds may impose in its discretion.

User agrees and confirms that any Services provided to you by Glubery are on best efforts basis and We may engage services of third party service provider(s) to facilitate such Services to you. We shall not in any manner be liable to you for failure or delay in providing the Services or for any temporary disablement, permanent discontinuance of the Services by us or for any consequences resulting from such actions or reasons that are beyond our reasonable control.

User acknowledges that the Services are being provided to you on a ‘as is’ and ‘as available’ basis and may be interrupted while browsing, transacting, using or uploading information on the Platform. User agrees that we reserve the right to suspend the Services, forthwith without assigning any reason whatsoever, at our sole discretion.

Glubery may at any time with or without notice, withdraw, terminate, and/or suspend any or part of the Services without cause or in case of any breach of the Terms by the User. In addition, termination of any or part of any Services shall not impact provision of other services or other business arrangements or agreements which the User may have entered into with Offneeds.

3. ELIGIBILITY

Only persons who can enter into legally binding contracts as per Indian Contract Act, 1872, i.e. persons who are 18 years of age or older, are of sound mind, and are not disqualified from entering into contracts by any law, can use and access the Platform. If you are a minor i.e. under the age of 18 years, you may use Glubery only with the involvement of a parent or guardian.

4. REGISTRATION AND OPERATION OF YOUR ACCOUNT

1. 1. In order to use the Platform and avail the Services, you will have to register on Glubery. Registration is a one-time process and is free of cost. Your credentials shared by you at the time of registration and your Glubery login ID and password are referred to as “My Profile”.
   2. You are solely authorized to operate the account created by you. Consequently, it is your responsibility to maintain the confidentiality of the Account Information and for restricting access to your computer/mobile/other similar devices to prevent unauthorized access to your account. You will at all times keep your Account Information current and accurate. You can access and update much of the Account Information you provided us with in the “My Account” area of the website.
   3. You will: (i) immediately inform Glubery of any unauthorized use of the account or any other security breach; and (ii) ensure that you log out of your account at the end of each session. Glubery will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. We reserve the right to refuse access to Glubery, terminate accounts, remove or edit content at any time without notice to you.

5. COMMUNICATION

1. 1. You understand that once you have shared your Account Information and successfully registered on Glubery, you may receive SMS or email notifications from Glubery relating to your registration and transactions on Glubery.
   2. You may also receive such notifications regarding any marketing / promotional activities that maybe available on Glubery from time to time. By sharing your Account Information and registering on Glubery and/ or verifying your contact number with us, you explicitly consent to receive marketing/ promotional communications (through call, SMS, email or other digital and electronic means) from us and/or our authorized representatives regarding any new services or offerings, even if your contact number is registered under the DND/NCPR list under the Telecom Commercial Communications Customer Preference Regulations, 2018.
   3. Offneeds may also send notifications and reminders with respect to the Services on Glubery. While Offneeds endeavors to provide these notifications and reminders to you promptly, We do not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.

6. PERSONAL INFORMATION PRIVACY
   1. During the course of your registration on and usage of Glubery or availing the Services, We may collect and store and/or you may provide us with, personal identifiable and sensitive information about you, including without limitation your name, phone number, email address, address, postal code, occupation, login details etc.
   2. We respect the sensitivity of the information about you and we appreciate your trust in us. In this regard, we have formulated the Privacy Policy, which shall be deemed to be included in these Terms of Use, setting out the manner in which your information is collected, stored, processed, used and disclosed. If you object terms of our Privacy Policy, please do not use or access Glubery or avail the Services. For more information, please refer to the Privacy Policy.

7. SHIPMENT POLICY

1. 1. Glubery currently ships its products to only Gurugram (Gurgaon) and Delhi only. Orders placed will be delivered within 48-72 hours to your shipping address unless specified as otherwise by customer by selecting a different date as available on our portal. We ship on all days except Sunday and National Holidays.
   2. Shipping Charges: An additional fixed shipping charge of Rs. 50/- for Gurugram and Rs. 90/- for Delhi is applicable on all orders below Rs. 500/- (Shipping charges or value reduced after application of coupons or any other offer). These shipping charges applicable are not refundable in the case of return/cancellation of the product or the order.
   3. For orders equal to or above Rs. 500/- (Shipping charges or value reduced after application of coupons or any other offer) free shipping is available at all locations within Gurugram and Delhi.
   4. The shipping charges can be modified by Glubery at any point without prior intimation. The new charges would reflect on the checkout page.
   5. Every once in a while, Glubery brings out various offers in an attempt to satisfy customers. Various offers could be introduced for a limited span of time that enable free shipping of goods, subject to the fulfilment of the terms and conditions attached to the offer.
   6. Glubery ensures to provide a delightful customer experience by delivering the products as per the Estimated Delivery Date communicated as above, however, at times there might be unexpected delays in the delivery of your order due to unavoidable and undetermined logistics challenges beyond our control for which Glubery is not liable and would request its users to cooperate as Glubery continuously tries to nought such instances. Also, Glubery reserves the right to cancel your order at its sole discretion in cases where it takes longer than usual delivery time or the shipment is physically untraceable and refund the amount paid for cancelled product(s) in your Glubery wallet.
   7. Non-availability on Delivery: Our delivery partners will attempt to deliver the package thrice before it is returned back to our warehouse. Please provide your mobile number in the delivery address as it will help in making a faster delivery.

8. Cancellation Policy

1. 1. You can cancel the order only prior to the dispatch of order by Glubery. The order cannot be cancelled once the dispatch has been initiated. That is, only if the order status is “Received”, then it is cancellable, however if it has moved to “In-Transit” or any other status then the order cannot be cancelled.
   2. The request for cancellation of the order can be made by cancelling the order from ‘My Orders’ > ‘Upcoming Orders’ section by sending an email to info@glubery.com, or by calling our customer care number, as may be intimated by Glubery to you from time to time.
   3. On the receipt of order cancellation request, your order will be cancelled with immediate effect, and the refund process will be initiated within 24 hours of confirmation of cancellation.

9. Return & Refund Policy

1. 1. A return can be initiated by customer if due to some reason you are not satisfied with the quality or freshness of the product. We suggest you to immediately register a request in this regard on our platform by initiating a return in ‘My Orders’ > ‘Past Orders’ section. We will in our sole discretion verify if: (a) the defects and damages in the Products or the non-compliances claimed in such Products are acceptable by us, or (b) such defects, damages or non-compliances are due to our fault, and will accordingly post verification, accept or reject the request for return. For such verification, we may request you to send us images of the damaged or defective product received and/or allow our personnel to schedule a visit to assess the damage or defect in the Product. Further, to the assessment of the damage or the concern reported in the return request, Glubery may in its sole discretion resolve the issue subject to the assessment report, in a manner as it may deem fit.
   2. Please be informed that when you opt to Cancel the Order or Return the Products, upon our verification of the Products and the documents relating thereto, the refund amount for such Orders / Products which are eligible for return as per the terms of this Policy, will be processed within a period of 1 business day from the date of us verifying the defect or the non-compliance in the Product. Your refund will be processed only when the conditions as may be stipulated by Glubery are fulfilled. The refund amount will be credited to the original payment mode opted by you while ordering the returned products from Glubery, as you may have chosen. You acknowledge that after initiation of refund, it may take additional time for your refund to reflect in your account which is subject to your financial institution or payment solution provider terms and conditions.
   3. Please be informed that for Products, for which you had opted for ‘Cash on Delivery’, as a payment option, you will receive refunds in Glubery Wallet, as we do not make any cash refunds. This can be used to pay your subsequent shopping bills.
   4. The amount claimed as refund will be refunded to you within 15 working days depending upon the mode of payment chosen by you. Sometimes banks or financial intermediaries take a longer time to process the refund request. However, if the refund does not happen by the date advised, you may contact us, and we will gladly help you.

10. CONTENT ON PLATFORM

1. 1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on Glubery or any of the other Services are the property of Glubery, and are protected under copyright, trademark and other applicable laws. Further, all trademarks, services marks, trade names and trade secrets in relation to Glubery whether or not displayed on Glubery, are proprietary to Offneeds.
   2. We may display on Glubery any third-party logos, trade names, trademarks of other brands, as per the license granted to Glubery by such brands.
   3. No information, content or material from Glubery (including the Glubery Content) may be copied, reproduced, republished, duplicated, copied, sold, resold, uploaded, posted, transmitted, distributed or otherwise exploited in any way (including for any commercial purpose) without our expressed written permission. You will not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Glubery without expressed written consent. You may not use any meta tags or any other “hidden text” utilizing Glubery’s names or trademarks without the expressed written consent of Glubery, as applicable. Any unauthorized use terminates the permissions granted in these Terms of Use.

11. USER WARRANTIES AND RESTRICTIONS

1. 1. You represent and warrant that: (a) your use of Glubery and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to Glubery in connection services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable Glubery policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). If at any time, the information provided by you is found to be false or inaccurate, Glubery will have the right to reject registration, cancel all orders, and restrict you from using the Services in the future without any prior intimation whatsoever. You agree to indemnify Glubery for all claims brought by a third party against it arising out of or in connection with a breach of any of these warranties.
   2. You will use Glubery for lawful purposes only, and will not undertake any activity that is harmful to Glubery or its content or otherwise not envisaged through Glubery. You have a limited license to access and use Glubery, solely for the purpose of availing the Services, subject to these Terms of Use.
   3. The use of the Platform by you is restricted to your organization’s / personal use only, and you will not use any portion of Glubery (including the contents on the Platform) or Services for any resale or commercial purpose.
   4. You will not do any of the following:
      1. Delete or modify any content on Glubery, such as any information regarding the Services, their performance, sales or pricing;
      2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search Glubery;
      3. Make false or malicious statements against the Services, Glubery or Offneeds;
      4. Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise disrupt or damage Glubery and/or Services or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Glubery and/or the Services;
      5. Introduce any trojans, viruses, any other malicious software, any bots or scrape Glubery for any information;
      6. Probe, scan, or test the vulnerability of any system, security or authentication measures implemented by us or otherwise tamper or attempt to tamper with our technological design and architecture;
      7. Hack into or introduce malicious software of any kind onto Glubery;
      8. Gain unauthorized access to, or interfere with, or damage, or disrupt the server on which the details connected to the Services are stored, or any other server, computer, or database connected to the Services; or
      9. Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet.
   5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through Glubery, any information that:
      1. belongs to another person and to which You do not have any right;
      2. is harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, invasive of another’s privacy, hateful, relating to or encouraging money laundering or gambling, or otherwise harmful in any manner whatsoever;
      3. harms minors in any way;
      4. infringes any patent, trademark, copyright or other proprietary rights;
      5. violates any law for the time being in force;
      6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
      7. impersonates or defames another person; or
      8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.

12. INDEMNIFICATION AND LIMITATION OF LIABILITY

1. 1. You agree to indemnify, defend and hold harmless Offneeds, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of Glubery or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of Offneeds or any third-party. Offneeds will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide Offneeds with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
   2. To the fullest extent permitted by law, in no event shall Offneeds or any of its directors, officers, employees, agents or content or service providers (collectively, the “Offneeds Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, Glubery or the content, materials and functions related thereto, the Services, provision of information via Glubery, lost business, even if such Offneeds Representatives have been advised of the possibility of such damages.
   3. In no event shall Offneeds Representatives be liable for:
      1. the use or inability to use Glubery and/or the Services;
      2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through Glubery;
      3. any unauthorized access to or alteration of your transmissions of sensitive personal information or other user data; or
      4. any other matter relating to Glubery or the Services.
   4. Offneeds is neither liable nor responsible for any actions or inactions of the other users of Glubery or any breach of conditions, representations or warranties by them. Offneeds is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of Glubery.
   5. None of the directors, officials or employees of Offneeds shall be personally liable for any action in connection with Glubery or the Services.

13. ACCESS OUTSIDE THE REPUBLIC OF INDIA

Offneeds makes no representation that the content on Glubery is appropriate to be used or accessed outside the Republic of India. Any users who use or access Glubery from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.

14. TERM AND TERMINATION

1. 1. These Terms of Use shall be effective from the date of their publication on Glubery.
   2. Offneeds reserves the right to terminate the Services in the event of breach of any terms contained in these Terms of Use, misrepresentation of information, any unlawful activity by you or if Offneeds is unable to verify or authenticate any information submitted by you.
   3. You may terminate these Terms of Use at any time, provided that you discontinue any further use of Glubery or Services. However, any such termination shall not cancel your obligation to pay for a product purchased on Glubery, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.

15. FORCE MAJEURE

Offneeds will not be held responsible for any delay or failure to comply with its obligations if the delay or failure arises from any cause which is beyond Offneeds’ reasonable control.

16. WAIVER

No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by Offneeds. Any consent by Offneeds to, or waiver of your breach, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

17. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use, all transactions consummated between Offneeds and you, and the relationship between Offneeds and you is governed by the laws of India, without reference to any conflict of laws principles and with an exclusive jurisdiction to the courts of Delhi.

18. AMENDMENT

These Terms of Use are subject to amendments and modifications and may be updated from time to time, without any advance notice. You are requested to regularly review the Terms of Use as available on Glubery. Your relationship with Glubery will be governed by the most current version of these Terms of Use, as published on Glubery.

19. MISCELLANEOUS
    1. In addition to these Terms of Use, you will also ensure that you are in compliance with the terms and conditions of the third parties, such as bank offers terms and conditions, brand promotional offers, whose links, if any, are contained/embedded in the Services. You agree that Glubery will not be liable for any transaction between itself and any such third parties.
    2. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by Offneeds, for the use of Glubery, and the rights and liabilities with respect to any Services to be provided by Offneeds shall be limited to the scope of these Terms of Use.