Terms & Conditions – Grocery Bot

Effective as of October 21, 2021

The Grocery Bot (the “Bot”), is intended to allow various buyers and merchants in India to place and receive orders from one another, in connection with various goods made available by merchants, as further mentioned herein.

The Bot is controlled by and/or maintained by Viber Media S.à r.l (“Viber”) . Read these Terms and Conditions before using our Bot. By using our Bot, participants which are either buyers or merchants (“Participant”, “you,” “your”) agree to be bound by each of the Terms and Conditions set forth below and any amendments thereto (“Terms and Conditions”). Review these Terms and Conditions from time to time to ensure that you have read and agree with the current policy, as it may be amended without notice. The date of our Terms and Conditions is set forth at the top of the document. Any changes to these Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions for this Bot. Your use of certain features of the Bot may be subject to additional Terms and Conditions. By using these features, you also agree to be bound by such additional Terms and Conditions.

Viber may (i) terminate, change, suspend or discontinue any aspect of the Bot, including the availability of any features of the Bot, at any time; (ii) impose limits on certain features and services or restrict your access to parts or to the entire website; and (iii) may terminate the authorization, rights and license given herein, without notice or liability.

THE BOT

The Bot allows the Participants (which as mentioned above, are either buyers or merchants) to send and/or receive orders to/from merchants which are available through the Bot, for the purpose of placing orders for various groceries’ goods which are available by merchants, and for the merchants to further communicate with the buyers in order to process the orders.

A Participant which is a merchant can register itself as a merchant in the Bot by sharing the name of their store, location, address and contact number.

A Participant which is a buyer can register itself as customer in the Bot, and share its Viber registered name, location, address, phone number and place their order through nearby stores.

It is clarified that no payment may be made through or by the Bot, and that the Bot is merely intended to facilitate the communication between the buyers and the merchants. The actual orders, including any goods supplied and actual delivery or payment, are under the sole responsibility of the Participants, and are not under the responsibility of Viber under any circumstances. Viber shall have no liability as further mentioned herein, for the orders and/or any of the goods delivered and/or failed to be delivered under the orders, or for the payment and/or non-payment for such orders.

USAGE OF THE BOT

You usage of the Bot is subject to Viber’s Terms of Use, Viber’s Privacy Policy, Viber’s Public Content Policy and Viber’s DMCA Policy (collectively, the “Viber Policies”) as well as the terms set herein, which govern your use of the Services. If there is a conflict between the terms of these Grocery Bot Terms and Conditions and the Viber Policies these Grocery Bot Terms and Conditions shall prevail.

As a user of the Bot, you will be exposed to content shared by other Participants of the Bot. The Bot may contain content from other Participants and you must adhere to the Viber Policies. Viber does not control nor take any responsibility for the content posted by Participants on the Bot.

You can “unsubscribe” from the Bot at any time by clicking the “unsubscribe” button”. In addition, if you believe the content in the Bot infringes your copyrights, you may request removal of such content (or access thereto) by contacting our designated copyright agent. Please go to the DMCA notification page to review our DMCA notification guidelines and procedures.

You will only use the Bot for lawful purposes. In this respect, you may not, without limitation: (a) intercept or monitor, damage or modify any communication which is not intended for you; (b) use any type of spider, virus, worm, defects, trojan-horse, time bomb or any other malicious or infringing codes or instructions that are designed to distort, delete, damage or disassemble the Bot, Viber App or the underlying software or any communication; (c) use of the Bot in such a manner that disrupts, or interferes with, the normal and proper functioning and operation of Viber’s servers, systems and networks or that creates a security risk or threat to Viber or the Viber App; (d) send any unsolicited communication (“SPAM”) not permitted by applicable law or promote bulk marketing products, the purpose of which is to send SPAM, including bulk messaging, bulk email software, lists of emails or phone numbers without opt-in of the users; (e) use the Bot to promote false, misleading, dishonest, inaccurate, unrealistic or deceptive products or services or to otherwise mislead users; (f) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way or use the Bot to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; (g) use any material or content that is subject to any third party proprietary rights, unless you have a license or permission from the owner of such rights; (h) use the Bot in any way directed to minors under the age of thirteen (13); (i) omit or fail to disclose any information that may be applicable to a Participant, and ensure that you make all relevant disclosures; (j) use the Bot to assist or enable direct conversations between Viber users and healthcare providers or to send or collect any patient data or health-related data obtained from healthcare providers (k) use the Bot in any manner which is considered by Viber as non-fair usage.

When you publish content or information using the Bot as a merchant, it means that you are allowing all buyers to access and use that information, and to associate it with you (i.e. your name and profile picture, and, if you activate your location button on the chat screen, your location if you choose to attach it to your messages).

When you send a message as a buyer to a merchant, it means that you are allowing that specific merchant to access and use that information, and to associate it with you (i.e. your name and profile picture, and, if you activate your location button on the chat screen, your location if you choose to attach it to your messages).page2image12768512

When you choose to use our Bot, you agree and opt-in to receive from Viber notifications related to the Bot.

COLLECTION OF DATA BY MERCHANTS

If you as a merchant receive content and information from other Participants by any means or through any third party, you will comply with all applicable laws and regulations (including the Indian privacy regulation) with regard to your collection, storage and use of Participants’ content and information, and you shall store it only for the minimum time needed, and will delete it afterwards. Furthermore, you are considered as a controller of such data for the purpose of the Indian privacy law.

You as a merchant will not collect Participants’ content or information, or otherwise access the Bot, using automated means (such as harvesting bots, robots, spiders, or scrapers), without our permission or in any manner not permitted by the Viber Policies and these Terms.

Any information or data you as a merchant obtain from Viber, the Bot and/or the Participants must be used in compliance with Viber’s Privacy Policy and all applicable privacy laws, rules and regulations in connection with privacy and data protection.

You must not use any information or data you may have received from Viber, via the Bot or otherwise, about Participant or other persons or entities you reach using the Bot, for any purpose other than to fulfil the orders, and support the messages and conversations you have with the Participants under the Bot.

Unless you obtain Viber’s prior written consent, you may not use or permit others to use the applicable Bot’s messages: (a) to share or ask Participants to share or provide payment card details, financial account numbers or other payment and cardholder data or any sensitive data; or (b) to include a link from the message to an external site where payment information may be collected or (c) collect any sensitive data about the Participants’.

OFFERS

If you as a merchant create and/or distribute an offer to the Participants, the following terms and conditions shall apply:

You are responsible for ensuring that your offer complies with these Terms, the Viber Policies and all applicable laws, rules and regulations. Offers may be subject to many regulations (e.g. alcohol and age restrictions, truth in advertising, etc.).

You may not make any offers directed to minors under the age of thirteen (13).

You may only run an offer if you are the merchant for or the manufacturer of a certain product or service that you are authorized and licensed to promote.

You must not offer unavailable products or services.

You must clearly describe in detail any restrictions, eligibility requirements and special terms on your offer (such as expiration date or limitations on redemption and refunds). You may not omit or conceal any relevant or important information, terms, conditions or fees prior to allowing for the purchase, installation or download of a product or service, or binding the Participants by another undertaking.

You are solely responsible for your offer and any activities in relation thereto, including without limitation improper redemption, fraud, disputes or other issues that arise from the distribution or redemption of your offer.

If your offer is redeemable by a merchant who is not owned, controlled or operated by you, it is your sole responsibility to communicate with the merchant and ensure they honor your offer.

DISCLAIMER

THE BOT AND ALL CONTENT AND SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR BOT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. YOU AGREE THAT YOUR USE OF OUR BOT IS AT YOUR SOLE RISK. VIBER AND ITS SUBSIDIARIES, P AR TNERS, AGENTS, AFFILIA TES AND LICENSORS EXPRESSL Y DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO WARRANTY: (I) THAT USE OF OUR BOT OR ANY CONTENT HEREIN (INCLUDING ANY SOFTWARE) WILL BE UNINTERRUPTED, TIMELY, ACCURATE, SECURE OR ERROR FREE; (II) THAT OUR BOT WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (III) THAT ANY ERRORS ON OUR BOT WILL BE CORRECTED; (IV) THAT THE SERVERS ON WHICH OUR BOT AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (V) WITH RESPECT TO ANY OFFER, CONTENT, COMMUNICATION OR GOODS MADE AVAILABLE BY THE PARTICIPANTS

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL VIBER OR ITS PARTNERS, AGENTS, AFFILIATES AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM (I) YOUR USE OF OR INABILITY TO USE OUR BOT, OR (II) CONTENT AND/OR SERVICES INCLUDED ON OR AVAILABLE THROUGH OUR BOT.

FURTHERMORE, UNDER NO CIRCUMSTANCES SHALL VIBER OR ITS PARTNERS, AGENTS, AFFILIA TES AND LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, REVENUE, OR BUSINESS INTERRUPTION, OR LOSS OF COMPUTER PROGRAMS OR INFORMATION ARISING FROM THE ORDERS, AVAILABILITY OF ANY GOODS AND/OR THE GOODS. ANY ORDER OF GOODS AND/OR DELIVERY OF GOODS AND/OR USAGE OF AND/OR PAYMENT FOR GOODS, WILL BE UNDER THE PARTICIPANTS’ SOLE LIABILITY AND VIBER SHALL NOT BE DEEMED AS A PARTY TO ANY SUCH ORDERS.

Without derogating from the above, Viber’s total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than USD 50.00.

INDEMNIFICATION

You agree to defend, indemnify and hold Viber and its partners, agents, affiliates and licensors and their respective officers, directors, shareholders, agents and representatives harmless from and against any and all claims, demands, liabilities, losses, damages, costs and expenses (including, without limitation, reasonable attorneys’ fees) arising from your breach of these Terms and Conditions.

DISPUTES

Any and all disputes, claims and causes of action arising out of or connected with the Bot and/or these Terms and Conditions shall be resolved individually, without resort to any form of class action, and exclusively by the appropriate court located in the London, UK, and these Terms and Conditions and any dispute arising under or related thereto (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of England the Wales without giving effect to its conflicts of law or choice of law principles or rules that would cause the application of any other laws

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