TERMS AND CONDITIONS FOR USE
The portal www.onecorner.co.in and its corresponding mobile application (collectively, “One Corner”), is managed and operated by One Corner Retail Pvt Ltd (“ One Corner”, “we”, “us” or “our”). Any natural or legal person who accesses and/or uses One Corner in any manner (“you” or “ your”) or uses any current or future service or functionality or offer made available on One Corner (“Service ”) will be subject to these terms and conditions for use of One Corner (“ Terms of Use”), as updated from time to time and such terms, guidelines and conditions as may be applicable to such Service (“ Service Terms”). If these Terms of Use are inconsistent with such Service Terms, the Service Terms will control to the extent of such inconsistency with respect to the applicable Service.
These Terms of Use constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures. Please read these Terms of Use carefully before using or accessing One Corner or availing any Service. By using the One Corner or availing any Service, you signify your agreement to be bound by these Terms of Use.
You agree and acknowledge that One Corner is an online platform that enables you to purchase the products listed on One Corner at the indicated price at any time from the serviceable locations. Except where we are the seller of the relevant product on One Corner, you agree and acknowledge that we are only a facilitator and are not and cannot be a party to or control in any manner any transactions on One Corner. Accordingly, such contract of sale of products on the website shall be a strictly bipartite contract between you and the sellers on One Corner.
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 One Corner. If you are a minor i.e. under the age of 18 years, you may use One Corner only with the involvement of a parent or guardian.
In order to use One Corner and avail the Services, you will have to register on One Corner. Registration is a one-time process and is free of cost.
Your credentials shared by you at the time of registration and your One Corner login ID and password are referred to as “ Account Information”.
3.2. You are solely authorised 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 unauthorised 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 www.onecorner.co.in
3.3. You will: (a) immediately inform One Corner of any unauthorised use of the account or any other security breach; and (b) ensure that you log out of your account at the end of each session. One Corner will not be liable for any loss or direct or indirect damage arising from your failure to comply with these Terms of Use. You may be held liable for any losses incurred to One Corner or any other user due to unauthorised use of their account, resulting from your failure to keep your Account Information safe, secure and confidential. We reserve the right to refuse access to One Corner, restrict placement of new orders, cancel pending orders, deactivate, or suspend your account on One Corner, without any notice to you, at our sole discretion, for reasons which may include: (a) breach of these Terms and Conditions, Privacy Policies or any other applicable policy; or (b) violation of any applicable laws; or (c) suspicion of your involvement in any inappropriate or unlawful conduct; or (e) suspicion of your involvement in placing fake orders, frequent cancellations, returns, or abuse of any policy; or (f) directly or indirectly threaten to or cause harm to the brand image of One Corner on a public forum (including but not limited to social media, print or electronic media); or (g) causing harassment to One Corner and / or its employees / or its agents.
4. 4.1. You understand that once you have shared your Account Information and successfully registered on One Corner, you may receive SMS or email notifications from One Corner relating to your registration and transactions on One Corner.
4.2. You may also receive such notifications regarding any marketing / promotional activities that may be available on One Corner from time to time. By sharing your Account Information and registering on One Corner 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 authorised 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.
4.3. One Corner may also send notifications and reminders with respect to the Services on One Corner. While One Corner endeavours to provide these notifications and reminders to you promptly, One Corner does not provide any guarantee and will not be held liable or responsible for any failure to send such notifications/reminders to you.
4.4. You can unsubscribe / opt-out from receiving marketing/ promotional communications, newsletters and other notifications from One Corner at any time by following the instructions set out in such communications or writing to our Customer Care.
5. 5.1. Your use of One Corner, the Services, and access to the One Corner Content ( as defined below) is subject to a limited, revocable and non-exclusive licence which is granted to you when you register on One Corner. You will use One Corner solely for identifying products, carrying out purchases of products and processing returns and refunds, in accordance with Return and Refund Policy, for your personal use only and not for business purposes.
5.2. The licence granted to you does not include a licence for: (a) resale of Products or commercial use of One Corner or One Corner Content, (b) any collection and use of product listings, description, or prices, (c) any use of One Corner, the Services and/or of One Corner Content other than as contemplated in these Terms of Use, (d) any downloading or copying of Account Information, (e) any use of data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) any parts of One Corner, (e) creating and/ or publishing your own database that features parts of One Corner.
5.3. You grant to One Corner a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on any material posted by you on One Corner without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim over all feedback, comments, ideas or suggestions or any other content provided through or on One Corner. You agree to perform all further acts necessary to perfect any of the above rights granted by you to One Corner, including the execution of deeds and documents, at its request.
Please note that One Corner at all times reserves the right to refuse your access to One Corner, terminate/deactivate your account, remove or edit content on One Corner, at its discretion.
6. 6.1. During the course of your registration on and usage of One Corner or availing the Services, One Corner 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.
6.2. One Corner respects the sensitivity of the information about you and we appreciate your trust in us. In this regard, One Corner has 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 to the terms of our Privacy Policy, please do not use or access One Corner or avail the Services. For more information, please refer to the Privacy Policy.
7. 7.1. All information, content, material, text, graphics, images, logos, button icons, software code, interface, design and the collection, arrangement and assembly of the content on One Corner or any of the other Services are the property of One Corner.
7.2. One Corner may display on One Corner any third-party logos, trade names, trademarks of other brands, as per the licence granted to One Corner by such brands.
7.3. No information, content or material from One Corner (including the One Corner 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 One Corner’s express 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 One Corner and its affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilising One Corner’s or its affiliates’ names or trademarks without the express written consent of One Corner and/or its affiliates, as applicable. Any unauthorised use terminates the permissions granted in these Terms of Use.
8.1.One Corner will try to make access to and use of One Corner error-free and without interruptions. However, your access to One Corner may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services on One Corner. One Corner does not take responsibility for any access or usage problems that arise from internet related issues at your end.
8.2. All information in relation to third parties, including sellers and the products listed by them on One Corner (“ Third Party Information”) are provided only for reference. One Corner, in its capacity of an intermediary under the applicable laws, is not endorsing Third Party Information and is not responsible for any errors and representation nor is it associated with it and you shall access the Third Party Information at your own risk.
8.3. One Corner may contain user generated content which One Corner does not pre-screen and which contains views that may be opinions of users/ experts. One Corner will do its best to monitor, edit or remove such user generated content where it is necessary to do so (for instance, if such content violates these Terms of Use). One Corner does not promise that the user generated content on One Corner is accurate, complete or updated, that it will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.
8.4. To help you in identifying the products of your choice, description of the products are provided on One Corner by the relevant seller through photographs, videos, charts, screenshots, infographics and other visual aids. While reasonable efforts are made to provide accurate visual representations, the appearance/colour of the products when delivered may differ for various reasons.
8.5. The Services included on One Corner are provided on an “as is” and “as available” basis without any representations or warranties, express or implied, except as otherwise specified in writing. One Corner does not covenant or provide any representations and warranties:
8.5.3. that the operation of One Corner, including the functions contained in any content, information and materials on One Corner or any third-party sites or services linked to One Corner will be uninterrupted, or that the defects will be rectified, or that One Corner or the servers that make such content, information and materials available are free of viruses or other harmful components; and
8.5.4. that the One Corner Content available on One Corner is complete, true, accurate or non-misleading.
8.6. Parties other than One Corner and its affiliates may operate stores, provide services, or list or sell product lines on One Corner. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content made available by them. One Corner does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. The information displayed on One Corner is for informational purpose only, and does not amount to or be deemed to be an endorsement of any product or service under any circumstances.
8.7. To the extent permitted by applicable law, One Corner disclaims any liability against any loss, damage, expenses, liabilities, claim, injury caused due to the failure of performance, omission, defect of products, or deletion, interruption, error, delay, virus, communication, unauthorised access, theft, destruction, alteration or use of records on One Corner.
8.8. One Corner is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access links of any third party platforms, you are doing so entirely at your own risk and expense.
9.1. You represent and warrant that: (a) your use of One Corner and/or Services will not violate any applicable law or regulation; (b) all information that is submitted to One Corner in connection with One Corner and/or Services is true, accurate and lawful; (c) use of the content and material you supply does not breach any applicable One Corner 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, One Corner will have the right to reject registration, cancel all orders, and restrict you from using the Services and other affiliated services in the future without any prior intimation whatsoever. You agree to indemnify One Corner and its affiliates for all claims brought by a third party against it or its affiliates arising out of or in connection with a breach of any of these warranties.
9.2. You will use One Corner for lawful purposes only, and will not undertake any activity that is harmful to One Corner or its content or otherwise not envisaged through One Corner. You have a limited licence to access and use One Corner, solely for the purpose of availing the Services, subject to these Terms of Use.
9.3. The use of the Platform by you is restricted to personal use only, and you will not use any portion of One Corner (including the contents on the Platform) or Services for any resale or commercial purpose.
9.4. You will not do any of the following:
9.4.1. Delete or modify any content on One Corner, such as any information regarding the Services, their performance, sales or pricing;
9.4.2. Use any engine, software, tool, agent or other mechanism (such as spiders, robots, avatars, worms, time bombs etc.) to navigate or search One Corner;
9.4.3. Make false or malicious statements against the Services or One Corner;
9.4.4. 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 One Corner and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of One Corner and/or the Services;
9.4.5. Introduce any trojans, viruses, any other malicious software, any bots or scrape One Corner for any information;
9.4.6. 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;
9.4.7. Hack into or introduce malicious software of any kind onto One Corner;
9.4.8. Gain unauthorised 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
9.4.9. 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.
9.5. You are prohibited from hosting, displaying, uploading, modifying, publishing, transmitting, updating or sharing on or through One Corner, any information that:
9.5.1. belongs to another person and to which You do not have any right;
9.5.2. 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;
9.5.3. harms minors in any way;
9.5.4. infringes any patent, trademark, copyright or other proprietary rights;
9.5.5. violates any law for the time being in force;
9.5.6. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
9.5.7. impersonates or defames another person; or
9.5.8. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource.
10.1. You agree to indemnify, defend and hold harmless One Corner, 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 One Corner or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of One Corner or any third-party. One Corner will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide One Corner with reasonable assistance, at their expense, in defending any such claim, loss, liability, damage, or cost.
10.2. To the fullest extent permitted by law, in no event shall One Corner or any of its directors, officers, employees, agents or content or service providers (collectively, the “One Corner 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, One Corner or the content, materials and functions related thereto, the Services, provision of information via One Corner, lost business, even if such One Corner Representatives have been advised of the possibility of such damages.
10.3. In no event shall One Corner Representatives be liable for:
10.3.1. the use or inability to use One Corner and/or the Services;
10.3.2. any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through One Corner;
10.3.3. any unauthorised access to or alteration of your transmissions of sensitive personal information or other user data; or
10.3.4. any other matter relating to One Corner or the Services.
10.4. One Corner is neither liable nor responsible for any actions or inactions of the other users of One Corner or any breach of conditions, representations or warranties by them. One Corner is not obligated to mediate or resolve any dispute or disagreement amongst two or more users of One Corner.
10.5. None of the directors, officials or employees of One Corner shall be personally liable for any action in connection with One Corner or the Services.
ACCESS OUTSIDE THE REPUBLIC OF INDIA
11.1. One Corner makes no representation that the content on One Corner is appropriate to be used or accessed outside the Republic of India. Any users who use or access One Corner 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.
TERM AND TERMINATION
12.1. These Terms of Use shall be effective from the date of their publication on One Corner.
12.2. One Corner 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 One Corner is unable to verify or authenticate any information submitted by you.
12.3. You may terminate these Terms of Use at any time, provided that you discontinue any further use of One Corner or Services. However, any such termination shall not cancel your obligation to pay for a product purchased on One Corner, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
FORCE MAJEURE
13.1. One Corner 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 One Corner’s reasonable control.
WAIVER
14.1. 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 One Corner. Any consent by One Corner 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.
SEVERABILITY
15.1. If any provision of these Terms of Use is held by a court of competent jurisdiction to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction.
GRIEVANCE REDRESSAL
16.1. You may submit any grievance with respect to One Corner or the Services, including with respect to any abuse on One Corner including any discrepancies or grievances with respect to access or usage of One Corner in violation of these Terms of Use by any person, to the Grievance Officer at:
GOVERNING LAW AND DISPUTE RESOLUTION
17.1. These Terms of Use, all transactions consummated between One Corner and you, and the relationship between One Corner 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 Telangana State.
AMENDMENT
18.1. 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 One Corner. Your relationship with One Corner will be governed by the most current version of these Terms of Use, as published on One Corner Website/App.
MISCELLANEOUS
19.1. 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 One Corner will not be liable for any transaction between itself and any such third parties.
19.2. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by One Corner, for the use of One Corner, and the rights and liabilities with respect to any Services to be provided by One Corner shall be limited to the scope of these Terms of Use.
TERMS AND CONDITIONS OF SALE
The terms and conditions of sale as set out herein (“ Terms of Sale”) constitute an agreement between the person/ entity listed as seller (“we”, “us” or “our”) on the portal www.onecorner.co.in and its corresponding mobile application (collectively, “One Corner”) and you (“ you” or “your”) and govern your purchase of the products (“Product(s)”) from us on or through One Corner. By placing an order for any Product with us or making a purchase of Product, you expressly agree to be bound by these Terms of Sale.
These Terms of Sale are in addition to various agreements, Service Terms, Privacy Policy, Terms of Use and all other policies of One Corner. These Terms of Sale constitute an electronic record within the meaning of the applicable law. This electronic record is generated by a computer system and does not require any physical or digital signatures.
One Corner’s Contract of Sale
1.1. Listing and display of a Product by us on One Corner is our invitation to you to make an offer for purchase of such Product. Likewise, the placement of an order on One Corner by you is your offer to buy the Product(s) from us.
1.2. Once you have placed an order with us for purchase of a Product, you will receive an e-mail confirming receipt of your order and containing the details of your order (the “Order Confirmation”). The Order Confirmation is merely an acknowledgement that we have received your order and does not signify our acceptance of your offer.
1.3. We only accept your offer and conclude the contract of sale for a Product ordered by you, when the Product is shipped or dispatched to you and an e-mail confirmation is sent to you that the Product has been shipped or dispatched to you (the “Shipment Confirmation”). We reserve the right, at our sole discretion, to refuse or cancel any order for any reason whatsoever before sending Shipment Confirmation to you.
1.4. You acknowledge that there may be certain Products in your order whose actual quantity may not be known at the time of order placement (for example, fruits, vegetables, etc.). Such Products will therefore be invoiced based on the exact weight at the time of packaging and upon dispatch, our Shipment Confirmation will reflect such marginal variance in the quantity of the Product as against your original order and relevant adjustment in the invoice amount.
1.5. If your order is dispatched in more than one package, you may receive separate Shipment Confirmations for each package, and each Shipment Confirmation and corresponding dispatch will conclude a separate contract of sale between you and us for the Product(s) specified in that Shipment Confirmation.
1.6. Your contract is with us and you confirm that the Product(s) ordered by you are purchased for your internal / personal purpose and not for resale or business purpose. Please note that we sell Products only in quantities which correspond to the usual requirements of an average household. This applies both to the number of Products ordered within a single order and the placing of several orders for the same Product where the individual orders comprise a quantity typical for a normal household.
1.7. You can cancel your order for a Product at no cost at any time before we send the Shipment Confirmation relating to that Product.
1.8. All orders placed on One Corner are subject to the availability of such Product, our acceptance of your offer as per the above and your continued adherence to these Terms of Sale.
1.9. You acknowledge and accept that the title and risk of all Products ordered by you shall pass on to you upon the delivery of the purchased Products to you.