Terms & Condition
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 spells out the terms and conditions applicable to all users and third parties of
The terms "buyer", "you", "user" and "customer" have been used interchangeably in the foregoing paragraphs to refer to a user of Nativebag.com similarly, the terms "Website", "Nativebag", "Nativebag.in", "Nativebag.us" and "Nativebag.com" are used to connote the online portal of Nativebag and the words "product", "goods" and "merchandise" have been used to refer to goods/products showcased on the Website.
Note: All products/services and information displayed on Nativebag constitute an "invitation to offer". Your order for purchase constitutes your "offer" which shall be subject to the TOS as listed below. Nativebag reserves the right to accept or reject your offer. Our acceptance of your order will take place upon dispatch of the product(s) ordered. No act or omission of Nativebag prior to the actual dispatch of the product (s) ordered will constitute acceptance of your offer.
Any liability of any violation of the FSS Act and applicable rules and regulation would be with sellers/brand owners, vendors, importers or manufacturers of the food products listed here.
1. Description of Services
Nativebag currently provides users with online shopping experience and delivery service for grocery, toys, household items and other herbal products. Nativebag may in the future provide additional shopping and related services.
2. Use of the Service
Your access to and use of the Services or any content in Nativebag websites is at your own risk. You understand and agree that the Services are provided to you on “AS IS” and “AS AVAILABLE basis. Without limiting the foregoing, NATIVEBAG AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON –INFRINGEMENT, Nativebag makes no warranty and disclaim all responsibility and liability for the completeness ,accuracy, availability, timeliness , security or reliability of the Services or any content thereon, Nativebag will not be responsible or liable for any harm to your computer system, loss of date, or other harm that results from your access to or use of the Services or any content. Nativebag make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure or error free basis. No advice or information whether oral or written obtained from the Company or through the Services will create any warranty not expressly made herein.
3. License and Site Access
Nativebag grants you a limited license to access and make personal use of the Site and the Service. This license does not include any downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Nativebag’s sole discretion) an unreasonable or disproportionately large load on Nativebag's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Nativebag to prevent or restrict access to the Site. Any unauthorized use by you shall terminate the permission or license granted to you by Nativebag.
4. Membership Eligibility
The Nativebag Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Nativebag for any reason. Additionally, users are prohibited from selling, trading, or otherwise transferring your Nativebag account to another party. If you do not qualify, you may not use the Nativebag Service or the Site.
5. Account and Registration
In consideration of your use of the Site, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. You also agree to provide true, accurate, current and complete information about yourself as prompted by the Site's registration form. If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Nativebag has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Nativebag has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Upon registration your username and password allows you to access NativeBag sites. You are responsible for confidentiality of your account and password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Nativebag immediately of any unauthorized use of your account or any other breach.
6. Pricing and Charges
All the product prices listed on the website will be at MRP unless otherwise specified. Prices and availability are subject to change without notice.
The modes of payment available at any given time shall be as indicated on the Website and the forgoing clauses shall be accordingly applicable.
While Nativebag shall make every endeavour to provide accurate product and pricing information, please note that Nativebag gives no guarantee on the accuracy of its pricing information as typographical or other errors may occur. In the event that a product is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Nativebag at is sole discretion has the right to change the prices and products offered on the website to fix such errors.
7. Product Availability
Nativebag will make every effort to fulfill orders placed, however we shall not be liable to any person if it is unable to or if supplier declined to supply any of the product/s for any reason whatsoever.
NativeBag reserves the right to limit the range of products available to certain areas.
8. Submitted Content
Nativebag does not claim ownership of any materials Sellers make available through the Site, but reserves the right to integrate such materials or its modification in its provision of services. Such materials may be included in the Service in whole or in part or in a modified form.
9. Shipping and Delivery
Delivery times will be as per the option exercised by you at the time of placing your order.
Delivery becomes failed delivery on the following occasions:
- Delivery not done due to wrong address
- Recipient not available
- Door Locked
In the above cases, Nativebag reserves the right to charge the Customer a re –delivery fee +taxes . In all such cases delivery is not by default at the request of customer, The delivery will be only as per the delivery schedule created by Nativebag.
Whilst Nativebag make every effort to deliver all your goods in the agreed time, we will not be liable if there is any delay from suppliers, natural calamities, fail to do in part or in full due to circumstances beyond our control.
10. Modifications and Cancellation
Any modifications and/ or cancellations to the orders, after the order have been shipped is not permissible.
11. Copyrights and Trademarks
The trademarks, logos and service marks ("Marks") texts, user interface, graphics, sounds, music displayed on the Site are the property of NativeBag and other respective persons. Users are prohibited from using any Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Nativebag or such third party which may own the Marks. All information and content including any software programs available on or through the Site ("Content") is protected by copyright. Users are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works or using any Content available on or through the Site for commercial or public purposes.
12. Product Design and Images
Nativebag strives to provide the information accurately relating to product and also images of the product in the best possible. The images provided are only indicative and the actual product size, shape and colour including the packing content displayed may direr from the images displayed on our website. The links that are provided on our website to third party links of other websites are only for informational purposes only and does not imply endorsement or recommendation of these sites by Nativebag.
Nativebag also does not assume any responsibility for any causes experienced by the user for using these links.
You agree to indemnify and hold Nativebag (and its officers, directors, agents, subsidiaries, joint ventures, and employees) harmless from any claim or demand, including reasonable attorneys' fees, or arising out of or related to your breach of this TOS, or your violation of any law or the rights of a third party.
14. Limitation of Liability
You understand and agree that company Bind Bind E-commerce Private Limited and its subsidiaries , affiliates, officers, employees, agents, partners , licencors will not be liable for any direct , indirect, incidental, special, consequential damages of any kind resulting from the use of the site www.nativebag.in for sale and delivery of goods or any related or unrelated services whether or not the company Bind Bind E-commerce Private Limited has been informed of the possibility of such damage in advance.
15. Disclaimer of Warranty
The information contained in this website is for general information purposes only. While Nativebag endeavor to keep the information up to date and correct, Nativebag make no representations or warranties of any kind, express or implied about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
Nativebag may terminate the User Agreement with or without notice to the User. Further Nativebag reserves to cancel any account of the user and deny access to the site in the event of occurrences of causes considered unacceptable or objectionable by Nativebag or in the case of breach of the User Agreement by the User.
17. Modifications and Notification of Changes
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Bangalore shall have exclusive jurisdiction in any proceedings arising out of this Agreement.