Welcome and thank you for visiting www.indiansupermarket.co.nz (the ‘Website’). The Website allows you to explore and purchase different items that have been posted for sale on the Website (the ‘Products’). This service is provided by the Website by allowing you access to the Website’s content (the ‘Purchase Services’).
Balaji NZ Limited manages the Website (“Indian Supermarket“). Balaji NZ Limited provides access to and use of the Website, as well as any of its connected Products or Purchase Services (“Indian Supermarket”). Please carefully read these terms and conditions (the ‘Terms’). By accessing, browsing, and/or reading the Website, you acknowledge that you have read, comprehended, and agree to be bound by the Terms. If you do not agree with the Terms, you must immediately stop using the Website or any of the Purchase Services.
Balaji NZ Limited (“Indian Supermarket”) retains the right, at its sole discretion, to review and amend any of the Terms by updating this page. When Balaji NZ Limited (“Indian Supermarket”) amends the Terms, it will make reasonable efforts to notify you of the changes. Any modifications to the Terms take effect immediately upon posting. We recommend that you obtain a copy of the Terms for your records before proceeding.
1. Registration Process to use the Purchase Services
To utilise the Purchase Services, you must first register as a user of the Website, or you can shop as a guest. You may be requested to give personal information about yourself (such as identity or contact data) as part of the registration process or as part of your continuous use of the Purchase Services as a guest option, including:
a.) an email address
b.) Display Name (preferred username)
c.) a mailing address
d.) a telephone number
e.) a password
f.) Full Name, date of birth.
You guarantee that any information you provide to Balaji NZ Limited (“Indian Supermarket”) during the registration process is always accurate, correct, and up to date.
You will be a registered member of the Website (‘Member’) once you have completed the registration procedure and agree to be governed by the Terms. You will have immediate access to the Purchase Services as a Member.
You may not use the Purchase Services and may not accept the Terms if:
a.) you are not of legal age to sign into a binding contract with Balaji NZ Limited (“Indian Supermarket”); or
b.) you are excluded from obtaining the Purchase Services by the laws of New Zealand or other countries, including the country in which you reside or use the Purchase Services.
c.) Acceptance of Form
By continuing to use the Website, you agree to the Terms. You may also accept the Terms by clicking to accept or agree to the Terms in the user interface if this option is provided by Balaji NZ Limited (“Indian Supermarket”).
2. Your obligations as a Member
As a Member, you agree to comply with the following:
You will use the Purchase Services only for purposes that are permitted by:
a.) the Terms;
b.) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
c.) you have the sole responsibility for protecting the confidentiality of your password and/or email address;
d.) any other person’s or third-use party’s of your registration information is strictly banned. You undertake to alert Balaji NZ Limited (“Indian Supermarket”) promptly if you become aware of any unauthorised use of your password or email address, or any breach of security.
e.) access to and use of the Website is limited, non-transferable, and permits you to use the Website solely for the purposes of Balaji NZ Limited (“Indian Supermarket”) offering the Purchase Services.
f.) you will not use the Purchase Services or Website for any unlawful or unauthorised purpose, such as gathering email addresses of Members by electronic or other methods for the purpose of sending unsolicited email or unauthorised framing or linking to the Website.
g.) You acknowledge that commercial ads, affiliate links, and other types of solicitation may be withdrawn from the Website at any time without notice, which may result in the termination of the Purchase Services. Balaji NZ Limited (“Indian Supermarket”) shall take appropriate legal action for any unlawful or unauthorised use of the Website; and
h.) you acknowledge and agree that any automated use of the Website or its Purchase Services is prohibited.
4. Purchase of Products and Returns Policy
You agree to pay the purchase price displayed on the Website for the Product (the ‘Purchase Price’) if you use the Purchase Services to purchase the Product through the Website.
Payment for the Purchase Price may be done through one of the third-party suppliers listed below;
Stripe (the ‘Payment Gateway Provider’)
Following confirmation of payment of the Purchase Price by Balaji NZ Limited (“Indian Supermarket”), you will be supplied with a receipt to confirm receipt of payment, and Balaji NZ Limited (“Indian Supermarket”) may record your purchase data for future use.
Balaji NZ Limited (“Indian Supermarket”) may, at their sole discretion, give a refund on the return of the Products within 30 days if the Product packaging remains intact and in a saleable condition. You recognise and agree that you are responsible for any postage and shipping expenses incurred as a result of any refund granted under this paragraph.
If you get defective items, it is anticipated that you would refuse the delivery and return the products to the delivery team after inspecting them. No claim for return and/or compensation will be considered if you do not notify Indian Supermarket of defective products upon delivery. Credit, exchange, repair, and replacement are entirely at the discretion of Indian Supermarket.
If you order and get perishables (vegetables, cold, frozen items, etc.), you recognise and agree that you will refuse the delivery and return the products to the delivery staff upon examination. No claim for return and/or reimbursement will be considered if you do not inform Indian Supermarket within 24 hours after delivery.
Credit, replacement, exchange, or repair are all at the exclusive discretion of Indian Supermarket.
In the Case of Customer wants to cancel the order, we have a right to deduct 5% on the total amount as a Payment Gateway Fees and Admin charges.
In the event that a damaged item is supplied through third-party courier, we will refund the return cost after a satisfactory examination of the product is received. In all other typical circumstances, you understand and agree that you are responsible for all postage and shipping expenses involved with any refund.
Balaji NZ Limited (“Indian Supermarket”) items come with guarantees that cannot be excluded under New Zealand Consumer Law. You are entitled to a replacement or refund if the Product fails significantly.
The Warranty excludes any appearance of the supplied Products, as well as any of the additional excluded items listed below, as well as any supplied Products whose exterior has been damaged or defaced, has been subjected to misuse, abnormal service or handling, or has been altered or modified in design or construction.
You agree that the Purchase Services offered by Balaji NZ Limited (“Indian Supermarket”) include delivery (the “Delivery Services”) using their own delivery services (the “Delivery Service Providers”).
If an item is lost or damaged during the Delivery Services, Balaji NZ Limited (“Indian Supermarket”) requests that you: (a) inform us by sending an email to [email protected] describing how the Products were damaged so that we may discuss refunds and other possible remedies.
Orders will be delivered within 7 business days (since order date). If the order is not delivered within 7 business days, we will notify you(email and/or Phone) about your order status and expected delivery time.
All deliveries are made to the address as given by you, and you will be available in person to receive the delivery.
If you are not available during delivery, We can leave the order at your door if we have your written consent to do so prior to delivery.
We will not be responsible if the parcel is reported as missing after the delivering the order at your door with your written consent.
If you are not available to receive the delivery and we have not received your written consent to leave the delivery at your door,
then we will have to re-schedule the delivery. You will be paying for the delivery charges. Delivery charges are based on your delivery suburb.
7. Copyright and Intellectual Property
The Website, the Purchase Services and all of the related products of Balaji NZ Limited (“Indian Supermarket”) are subject to copyright. The material on the Website is protected by copyright under the laws of New Zealand and through international treaties. Unless otherwise indicated, all rights (including copyright) in the site content and compilation of the website (including text, graphics, logos, button icons, video images, audio clips and software) (the ‘Content’) are owned or controlled for these purposes, and are reserved by Balaji NZ Limited (“Indian Supermarket”) or its contributors.
Balaji NZ Limited (“Indian Supermarket”) retains all rights, title and interest in and to the Website and all related content. Nothing you do on or in relation to the Website will transfer to you:
a.) the business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright of Balaji NZ Limited (“Indian Supermarket”); or
b.) the right to use or exploit a business name, trading name, domain name, trade mark or industrial design; or
c.) a system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a system or process).
Without the prior written consent of Balaji NZ Limited (“Indian Supermarket”) and any other applicable rights owners, you may not: broadcast, republish, upload to a third party, transmit, post, distribute, display or play in public, alter or edit the Content or third party contact for any purpose. This ban does not apply to items on the Website that are freely re-useable or in the public domain.
9. General Disclaimer
You acknowledge that Balaji NZ Limited (“Indian Supermarket”) does not make any terms, guarantees, warranties, representations or conditions whatsoever regarding the Products other than provided for pursuant to these Terms.
Balaji NZ Limited (“Indian Supermarket”) will make every effort to ensure a Product is accurately depicted on the Website, however, you acknowledge that sizes, colours and packaging may differ from what is displayed on the Website.
Nothing in these Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law, including the New Zealand Consumer Law (or any liability under them) which by law may not be limited or excluded.
Subject to this clause, and to the extent permitted by law:
a.) all terms, guarantees, warranties, representations or conditions which are not expressly stated in these Terms are excluded; and
b.) Balaji NZ Limited (“Indian Supermarket”) we will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Purchase Services or these Terms (including as a result of not being able to use the Purchase Services or the late supply of the Purchase Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
Use of images in the products, Categories, Sub-Categories, Brand etc may not be the images of the actual product. Images are only for the representational purpose.
Use of the Website, the Purchase Services, and any of the products of Balaji NZ Limited (“Indian Supermarket”) (including the Delivery Services), is at your own risk. Everything on Website, the Purchase Services, and the Products of Balaji NZ Limited (“Indian Supermarket”), are provided to you on an “as is” and “as available” basis, without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors, third party content providers or licensors of Balaji NZ Limited (“Indian Supermarket”) (including any third party where the Delivery Services are made available to you) make any express or implied representation or warranty about its Content or any products or Purchase Services (including the products or Purchase Services of Balaji NZ Limited (“Indian Supermarket”) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
a.) performance failure, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful components, data loss, communication line failure, unlawful third-party conduct, or theft, destruction, alteration, or unauthorised access to records.
b.) the accuracy, suitability or currency of any information on the Website, the Purchase Service, or any of its Content related products (including third party material and advertisements on the Website);
c.) costs incurred as a result of you using the Website, the Purchase Services or any of the Products;
d.) the Content or operation in respect to links that are provided for the User’s convenience;
e.) any failure to complete a transaction, or any loss arising from e-commerce transacted on the Website; or
f.) any defamatory, threatening, offensive or unlawful conduct of third parties or publication of any materials relating to or constituting such conduct.
10. Liability Limit
Balaji NZ Limited (“Indian Supermarket”)’s total liability arising out of or in connection with the Purchase Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed the most recent Purchase Price paid by you under these Terms or where you have not paid the Purchase, then the total liability of Balaji NZ Limited (“Indian Supermarket”) is the resupply of the information or Purchase Services to you.
You expressly understand and agree that Balaji NZ Limited (“Indian Supermarket”), its affiliates, employees, agents, contributors, third party content providers and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however, caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
Balaji NZ Limited (“Indian Supermarket”) is not responsible or liable in any manner for any site content (including the Content and Third Party Content) posted on the Website or in connection with the Purchase Services, whether posted or caused by users of the website of Balaji NZ Limited (“Indian Supermarket”), by third parties or by any of the Purchase Services offered by Balaji NZ Limited (“Indian Supermarket”).
You acknowledge that Balaji NZ Limited (“Indian Supermarket”) does not provide the Delivery Services to you and you agree that Balaji NZ Limited (“Indian Supermarket”) will not be liable to you for any special, indirect or consequential loss or damage, loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Delivery Services.
11. Termination of Contract
The Terms will continue to apply until terminated by either you or by Balaji NZ Limited (“Indian Supermarket”)as set out below.
If you want to terminate the Terms, you may do so by:
a.) notifying Balaji NZ Limited (“Indian Supermarket”) at any time; and
b.) closing your accounts for all of the Purchase Services which you use, where Balaji NZ Limited (“Indian Supermarket”) has made this option available to you.
Your notice should be sent, in writing, to Balaji NZ Limited (“Indian Supermarket”) via the ‘Contact Us‘ link on our homepage.
Balaji NZ Limited (“Indian Supermarket”) may at any time, terminate the Terms with you if:
a.) you have breached any provision of the Terms or intend to breach any provision;
b.) Balaji NZ Limited (“Indian Supermarket”) is required to do so by law;
c.) the partner with whom Balaji NZ Limited (“Indian Supermarket”) offered the Purchase Services to you has terminated its relationship with Balaji NZ Limited (“Indian Supermarket”) or ceased to offer the Purchase Services to you;
d.) Balaji NZ Limited (“Indian Supermarket”) is transitioning to no longer providing the Purchase Services to Users in the country in which you are resident or from which you use the service; or
e.) the provision of the Purchase Services to you by Balaji NZ Limited (“Indian Supermarket”) is, in the opinion of Balaji NZ Limited (“Indian Supermarket”), no longer commercially viable.
Subject to local applicable laws, Balaji NZ Limited (“Indian Supermarket”) reserves the right to discontinue or cancel your membership to the Website at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Purchase Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts Balaji NZ Limited (“Indian Supermarket”)’s name or reputation or violates the rights of those of another party.
When the Terms come to an end, all of the legal rights, obligations and liabilities that you and Balaji NZ Limited (“Indian Supermarket”) have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of this clause shall continue to apply to such rights, obligations and liabilities indefinitely.
You agree to indemnify Balaji NZ Limited (“Indian Supermarket”), its affiliates, employees, agents, contributors, third party content providers and licensors from and against: (a) all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with any Content you post through the Website;
any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so and any breach by you or your agents of these Terms; and/or
13. Dispute Resolution
If a dispute arises out of or relates to the Terms, either party may not commence any Tribunal or Court proceedings in relation to the dispute, unless the following clauses have been complied with (except where urgent interlocutory relief is sought).
A party to the Terms claiming a dispute (‘Dispute’) has arisen under the Terms, must give written notice to the other party detailing the nature of the dispute, the desired outcome and the action required to settle the Dispute.
On receipt of that notice (‘Notice‘) by that other party, the parties to the Terms (‘Parties‘) must:
a.) Within 30 days of the Notice endeavour in good faith to resolve the Dispute expeditiously by negotiation or such other means upon which they may mutually agree;
b.) If for any reason whatsoever, 30 days after the date of the Notice, the Dispute has not been resolved, the Parties must either agree upon selection of a mediator or request that an appropriate mediator be appointed by the ARBITRATORS’ AND MEDIATORS’ INSTITUTE OF NEW ZEALAND INC ; Conflict Resolution Service or his or her nominee;
c.) The Parties are equally liable for the fees and reasonable expenses of a mediator and the cost of the venue of the mediation and without limiting the foregoing undertake to pay any amounts requested by the mediator as a pre-condition to the mediation commencing. The Parties must each pay their own costs associated with the mediation;
d.) The mediation will be held By ARBITRATORS’ AND MEDIATORS’ INSTITUTE OF NEW ZEALAND INC
13. Dispute Resolution
a.) All communications concerning negotiations made by the Parties arising out of and in connection with this dispute resolution clause are confidential and to the extent possible, must be treated as “without prejudice” negotiations for the purpose of applicable laws of evidence.
Termination of Mediation:
If 3 months have elapsed after the start of a mediation of the Dispute and the Dispute has not been resolved, either Party may ask the mediator to terminate the mediation and the mediator must do so.
14. Venue and Jurisdiction
The Purchase Services offered by Balaji NZ Limited (“Indian Supermarket“) is intended to be viewed by residents of New Zealand. In the event of any dispute arising out of or in relation to the Website, you agree that the exclusive venue for resolving any dispute shall be in the territory of New Zealand.
15. Governing Law
The Terms are governed by the laws of New Zealand. Any dispute, controversy, proceeding or claim of whatever nature arising out of or in any way relating to the Terms and the rights created hereby shall be governed, interpreted and construed by, under and pursuant to the laws of New Zealand, without reference to conflict of law principles, notwithstanding mandatory rules. The validity of this governing law clause is not contested. The Terms shall be binding to the benefit of the parties hereto and their successors and assigns.
16. Independent Legal Advice
Both parties confirm and declare that the provisions of the Terms are fair and reasonable and both parties having taken the opportunity to obtain independent legal advice and declare the Terms are not against public policy on the grounds of inequality or bargaining power or general grounds of restraint of trade.
If any part of these Terms is found to be void or unenforceable by a Court of competent jurisdiction, that part shall be severed and the rest of the Terms shall remain in force.