Terms of service
"POPI" and/or its affiliates provide website features and other products and services to you when you visit or shop at getpopi.com, use "POPI" products or services, or use the software provided by "POPI" in connection with any of the foregoing. "POPI" is a brand of PADA 91 VENTURES PVT LTD, which is incorporated under the Companies Act, 1956. "POPI" provides the Services subject to the following conditions.
This user agreement (“Terms and Conditions” or “T&C” or “Terms” or “Agreement”) is between you (“you” or “End User” or “your” or “Buyer” or “Customer” or “Registered User”) and PADA 91 VENTURES PVT LTD (“Company” or “us” or “we” or “getpopi.com” or “POPI” ). 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.
Notwithstanding anything contained or said in any other document, if there is a conflict between the terms mentioned herein below and any other document, the terms contained in the present T&C shall alone prevail for the purposes of usage of the Site
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Our store is hosted on Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - INTRODUCTION
The domain name getpopi.com is registered in the name of PADA 91 VENTURES PVT LTD which is a registered company under the Companies Act, 1956. Its registered office is at 401, 4TH FLOOR, PLOT NO. 7, JUBILEE ENCLAVE, JUBILEE ENCLAVE ROAD, MADHAPUR, HYDERABAD, TS, 500081. "POPI" is in the business of manufacturing and sale of snacks and other food items.
SECTION 2 - THESE TERMSOF SERVICE MAY CHANGE
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website at any time without prior notice. For this reason, it is your responsibility to review these Terms and Conditions every time you purchase products from us or use our website. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 3 - PRIVACY
We view protection of your privacy as a very important principle. We understand clearly that You and Your Personal Information is one of our most important assets. We store and process Your Information including any sensitive financial information collected (as defined under the Information Technology Act, 2000), if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with Information Technology Act 2000 and Rules thereunder. If you object to our current Privacy Policy and your information being transferred or used in this way please do not use Website.
SECTION 4 - ELECTRONIC COMMUNICATIONS
When you use any of our Services, or send e-mails to us, you are communicating with us electronically. You by using our services consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through other Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. The legal requirements would be in conformity with the Indian 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.
SECTION 5 - INTELLECTUAL PROPERTY RIGHTS
5.1 Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, "POPI" owns all Intellectual Property Rights to and into the Website, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website belonging to "POPI" without obtaining authorization from it.
5.2 User shall not upload post or otherwise make available on the Site any material protected by copyright, trademark or other proprietary rights without the express permission of the owner of the copyright, trademark or other proprietary right. "POPI" does not have any express burden or responsibility to provide the Users with indications, markings or anything else that may aid the User in determining whether the material in question is copyrighted or trademarked. User shall retain ownership, if any, and shall be solely responsible for any content that User provides or upload when using any service on the Site, including any text, data, information, images, photographs, music, sound, video or any other material which User may upload, transmit or store and User shall also be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from such a submission. By submitting material to any public area of the Site, User warrants that the owner of such material has expressly granted "POPI" the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. The user also permits any other end-user to access, view, store or reproduce the material for that end user's personal use. User hereby grants "POPI", the right to edit, copy, publish and distribute any material publicly made available on the Site by the User. The foregoing provisions of Section 25 apply equally to and are for the benefit of "POPI", its subsidiaries, affiliates, and its third-party content providers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
SECTION 6 - TRADEMARKS
6.1 The Site contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music, sound, and the entire contents of "POPI" protected by copyright as a collective work under the applicable copyright laws. "POPI" owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. Users may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. Users may download / print / save copyrighted material for the User's personal use only. Except as otherwise expressly stated under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material without the express permission of "POPI" and the copyright owner is permitted.
6.2 If copying, redistribution or publication of copyrighted material is permitted, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. The User acknowledges that he/she/it does not acquire any ownership rights by downloading copyrighted material. Trademarks that are located within or on the Site or a website otherwise owned or operated in conjunction with "POPI" shall not be deemed to be in the public domain but rather the exclusive property of "POPI", unless such site is under license from the trademark owner thereof in which case such license is for the exclusive benefit and use of "POPI", unless otherwise stated.
SECTION 7 - INTELLECTUAL PROPERTY RIGHTS COMPLAINTS
"POPI" respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes any Intellectual Property Right infringement, please address a complaint to the ‘Customer Care’ by way of an email to care[ at] popi [dot] co [dot] in
SECTION 8 - USER RESPONSIBILITY AND REGISTRATION OBLIGATIONS
8.1 If you use the Website as registered User, you agree that you are competent to contract within the meaning of the Indian Contract Act, 1872. "POPI" reserves the right to terminate your membership and refuse to provide you with access to the Website if it is brought to its notice or if it is discovered that you are under the age of 18 years or for any other reason at "POPI"’s discretion.
8.2 If you or "POPI" terminates your use of the Website or any service therein, "POPI" may delete any content or other materials relating to your use of the Site and will have no liability to you or any third party for doing so. You shall be liable to pay for any product that you have already ordered till the time of termination by either party whatsoever . You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree to (a) immediately notify "POPI" of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. "POPI" cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. You agree, inter-alia, to provide true, accurate, current and complete information about yourself as prompted by the Website registration form or provided by You as a Visitor or user of a third party site through which You access the Website. If you provide any information that is untrue, inaccurate, not current or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, "POPI" has the right to indefinitely suspend or terminate or block access of your membership with the Website and refuse to provide you with access to the Website.
8.3 As a condition of purchase, the Site requires your permission to send you administrative and promotional emails. We will send you information regarding your account activity and purchases, as well as updates about our products and promotional offers. You can opt-out of our promotional emails anytime by clicking the unsubscribe link at the bottom of any of our email correspondences. Please see our Privacy Policy for details. The offers made in any promotional messages sent via emails/SMS/MMS shall be subject to change at the sole discretion of "POPI" and "POPI" owes no responsibility to provide you any information regarding such change.
8.4 You undertake not to host, display, upload, modify, publish, transmit, update or share any information that is contained on the website that:
belongs to another person and to which you does not have any right to;
is grossly harmful, harassing, blasphemous; defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harm minors in any way;
infringes any patent, trademark, copyright or other proprietary rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
impersonate another person;
involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting any other nation.
That in case it is found that you are in violation of these express conditions, you shall be solely responsible and shall face all legal consequences of the same by yourself and that "POPI" shall in no manner be held responsible for the same.
SECTION 9 - BILLING
The price of our merchandise as mentioned on getpopi.com is the Maximum Retail Price (MRP) for the said product. Such MRP shall be inclusive of all local taxes as are applicable in India. Additional applicable taxes may be charged depending upon the destination where the order has to be shipped to which shall be specified at the time of purchase before payment is effected by you. The tax rate applied and charged upon the order shall include a combined tax rate for both state and local tax rates in accordance with the address where the order is being shipped. "POPI" reserves the right to collect taxes and/or such other levy/ duty/ surcharge that it may have to incur in addition to the normal taxes it may have to pay. We may also charge Delivery Charges which may include postal charges/ shipment charges etc. that may be applicable for your country.
SECTION 10 - ORDER CANCELLATION BY "POPI"
Due to unavoidable circumstances there may be times when certain orders having been validly placed may not be processed or capable of being dispatched. "POPI" reserves the exclusive right to refuse or cancel any order for any reason. Some situations that may result in your order being cancelled shall include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, problems identified by our credit and fraud avoidance department or any defect regarding the quality of the product. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your credit card/ debit card/ any other mode of payment has been charged, the said amount will be reversed into your Account/ as the case may be to the source of the payment within a period of 15 business days. Any type of voucher used in these orders shall be returned and made available to the user in case of cancellation by "POPI".
SECTION 11 - SHIPPING & PROCESSING FEE
Our shipping and processing charges are intended to compensate "POPI" for the cost of processing your order, handling and packing the products you purchase and delivering them to you. For further information please refer to our Shipping & Payment Policy.
SECTION 12 - PAYMENT
12.1 While availing any of the payment method/s offered by us, we are not responsible or take no liability of whatsoever nature in respect of any loss or damage arising directly or indirectly to you including but not limited to the following: (a) lack of authorization for any transaction/s; (b) or exceeding the preset limit mutually agreed by you and between your "Bank/s"; (c) or any payment issues arising out of the transaction; (d) or decline of transaction for any other reason/s.
12.2 All payments made against the purchases/services on getpopi.com by you shall be as against the MRP displayed on the website and shall be in terms and conditions of the third party Online Payment Gateway Services as adopted and applicable to your transaction as approved by "POPI".
12.3 Before shipping your order to you, we may request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done so as to ensure a safe and a fool proof online shopping environment to our users.
12.4 "POPI" may employ PaisaPay, PayPal and such other third party facilities, for Payments on the Website. Such payments can be made through the electronic or through Cash on delivery transactions, as may be permitted by "POPI" which shall be at its sole discretion. Use of such third-party services will be governed by their User Agreement, Seller Terms, Conditions and other rules and policies as may be required and applicable for your nature of activities.
SECTION 13 - DELIVERY
"POPI" endeavours but does not guarantee delivery of products in the stipulated time period as mentioned on the purchase of the product. In no manner can the contract be repudiated if "POPI" fails to deliver any one or more products in the stipulated time frame. However, if you fail to take the delivery of the goods, "POPI" may at its discretion charge you for additional shipping cost.
SECTION 14 - LOSS IN TRANSIT
All items purchased from "POPI" are made pursuant to a shipment contract. The risk of loss and title for such items purchased on our site pass to you upon our delivery to the carrier.
SECTION 15 - REFUNDS & RETURNS
15.1 "POPI" shall make all endeavours to deliver defect-free products to the purchasers. "POPI" does not take title to any returned items purchased by the user unless the item is received by "POPI". Any item purchased on our website does not qualify for any return unless the product delivered is damaged or has manufacturing defects. The defective and/or damaged goods so received shall be communicated to "POPI" within 48 hours of its receipt. Any communication received after 48 hours of delivery shall not qualify for return unless expressly covered by the product warranty even in case the said product has been wrongly delivered.
15.2 "POPI" holds the sole discretion to determine whether a refund can be issued. For further information please read our Returns & Exchanges Policy.
15.3 No exchange or return is applicable on discounted products unless the product delivered is damaged or has manufacturing defects.
SECTION 16 - PRODUCT DESCRIPTIONS
Products displayed on "POPI" attempts to be as accurate as possible. However, "POPI" does not warrant that product description or other content is accurate, complete, reliable, current, or error-free. If a product offered by "POPI" is not as described, your sole remedy is to contact "POPI" within 48 hours of receipt and "POPI" reserves the right to provide a solution as per its discretion. "POPI" is not liable to issue any refunds or allow exchanges and/or returns as a matter of policy.
SECTION 17 - PRODUCT COMPLIANCE
Products displayed/ sold on the "POPI" website are manufactured/ procured as per the applicable Local Laws of India and are in conformity with the required Indian industry standards.
SECTION 18 - PRODUCT PRICING DISCLAIMER
The prices displayed on our website may differ from the prices that are available in stores. Further, the prices displayed in our catalogues are quotes that may vary from country to country for the same product. Prices shown on the website both for India and in other International Countries are subject to change without prior notice. These prices only reflect the MRP and do not include shipping and taxes which may be extra as applicable.
SECTION 19 - INACCURACY DISCLAIMER
From time to time there may be information on our website or in our catalogue that may contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. "POPI" reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
SECTION 20 - WARRANTIES & LIABILITY
20.1 All information, content, materials, products (including software) and other services included on or otherwise made available to you by "POPI" are provided on an AS IS and AS AVAILABLE basis, unless otherwise specified in writing. "POPI" makes no representations or warranties of any kind, express or implied, as to the operation of the services, or the information, content, materials, products (including software) or other services included on or otherwise made available to you through "POPI", unless otherwise specified in writing. You expressly agree that your use of the website is at your sole risk.
20.2 "POPI" does not warrant that this Website will be uninterrupted, error-free, or constantly available, or available at all or that any information on this Website is complete, true, accurate or non-misleading. Further, "POPI" shall not be held responsible for non-availability of the Website during periodic maintenance operations or any unplanned suspension of access to the website that may occur due to technical reasons or for any reason beyond our control. The user understands and agrees that any material and/or data downloaded or otherwise obtained through the Website is done entirely at their own discretion and risk and they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material and/or data.
20.3 We will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Website. You acknowledge, by your use of this Website, that your use of this Website is at your sole risk, that you assume full responsibility for all risks associated with all necessary servicing or repairs of any equipment you use in connection with your use of this Website, and that "POPI" shall not be liable for any damages of any kind related to your use of this Website.
20.4 Though "POPI" shall make all endeavour to protect its websites from any viruses or other illegal use of its website. However we do not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Website; its servers; or electronic communication sent from us are free of viruses or other harmful components. Nothing on Website constitutes or is meant to constitute, advice of any kind.
20.5 All the Products sold on Website shall be solely governed by the Indian Laws. In the event we are unable to deliver such Products due to implications of different territorial laws, we will return or will give credit for the amount (if any) received in advance by us from the sale of such Products that could not be delivered to You. It is YOUR responsibility to ensure that the products purchased on this website is not restricted in your territory. "POPI" shall not be responsible for any non-compliance with regard to the local laws of that territory for any product available on this website.
20.6 "POPI" will not be liable for any damages of any kind arising from the use of any service, or from any information, content, materials, products (including software) or from failure of performance, error, omission, inaccuracy, interruption, deletion, defect or delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access, or alteration, or other services included on or otherwise made available to you through the website, including, but not limited to direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing. You specifically acknowledge that "POPI" is not liable for the defamatory or offensive or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
SECTION 21 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless "POPI" and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, joint ventures, and employees, harmless from any claim or demand, including but not limited to reasonable attorneys’ fees, made by any third party due to or arising out of or related to your breach of these Terms of Service or the documents they incorporate by reference or your violation of these terms, or any law or the rights of a third-party or any damage to life and/or property caused by the products delivered.
SECTION 22 - BREACH
22.1 In the event you are found to be in breach of the Terms of Use or Privacy Policy or other rules and policies or if we are unable to verify or authenticate any information you provide or if it is believed that your actions may cause legal liability for you, other users or us, without limiting to the present, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website. Any user that has been suspended or blocked may not register or attempt to register with us or use the Website in any manner whatsoever until such time that such user is reinstated by us.
22.2 Notwithstanding the foregoing, if you breach the Terms of Use or Privacy Policy or other rules and policies, we reserve the right to recover any amounts due and owing by you to us and to take strict legal action including but not limited to a referral to the appropriate police or other authorities for initiating criminal or other proceedings against you.
22.3 Any breach of any applicable local laws of that territory shall also result in, without prior notice immediately limit your activity, remove your information, temporarily/indefinitely suspend or terminate or block your membership, and/or refuse to provide you with access to this Website.
SECTION 23 - SEVERABILITY
We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time. In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 24 - WAIVER
The failure by "POPI" to enforce at any time or for any period any one or more of the terms or conditions of the Agreement shall not be a waiver by "POPI" of them or of the right any time subsequent to enforce all Terms and Conditions of this agreement.
SECTION 25 - FORCE MAJEURE
Failure on the part of "POPI" to perform any of its obligations and the non-furnishing of the Service), shall not entitle you to raise any claim against "POPI" or be a breach hereunder to the extent that such failure arises from an event of Force Majeure. If through force Majeure the fulfilment by either party of any obligation set forth in this Agreement will be delayed, the period of such delay will not be counted on in computing periods prescribed by this Agreement. Force Majeure will include any war, civil commotion, strike, governmental action, lockout, accident, epidemic or any other event of any nature or kind whatsoever beyond the control of "POPI" that directly or indirectly hinders or prevents "POPI" from commencing or proceeding with consummation of the transactions contemplated hereby. You expressly agree that lack of funds shall not, in any event, constitute or be considered an event of Force Majeure.
SECTION 26 - DISPUTE RESOLUTION
This agreement shall be construed and the legal relations between YOU and "POPI" hereto shall be determined and governed according to the laws of India. If any dispute arises between You and "POPI" regarding Your use of the Website or your dealing with "POPI" in relation to any activity on the Website, in connection with the validity, interpretation, implementation or breach of any provision of the Terms of Service and/or Privacy Policy including but not limited to the rules and policies contained herein, the dispute shall be subject to the exclusive jurisdiction to the Courts of Hyderabad, Telangana.
Your obligations to pay the Payment Fees shall not be suspended during the pendency of such proceedings.
SECTION 27 - GRIEVANCE
Any grievances you have by way of use of the website can be addressed to the ‘Customer Care’ by way of email to care [at] popi [dot] co [dot] in
The ‘Customer Care’ shall thereafter consider the same and provide a response within one month of the date of such complaint/ grievance.
SECTION 28 - GOVERNING LAW
These Terms and Conditions and any separate agreements whereby we provide you services or the documents of third-party payment channels shall be governed and construed in accordance with the laws of India.
SECTION 29 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 30 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at care [at] popi [dot] co [dot] in