Terms & Conditions
Terms & Conditions
This document is published in accordance with the provisions of Rule 3 (1) of the
Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing
The domain name www.devgadhapoos.com (hereinafter referred to as "Website") is owned by
Bappa Fruits (hereinafter referred to as “DevgadHapoos”) under the noble leadership Mr.
Your use of the Website and services and tools are governed by the following terms and
which are incorporated herein by way of reference. If You transact on the Website, You shall be
subject to the policies that are applicable to the Website for such transaction. By mere use of the
Website, you shall be contracting with Bappa Fruits and these terms and conditions including the
policies constitute Your binding obligations, with DevgadHapoos.
mean any natural or legal person who has agreed to become a member of the Website by
providing Registration Data while registering on the Website as Registered User using the
computer systems. DevgadHapoos allows User to surf the Website or making purchases without
registering on the Website. The term “we”, “us”, “our” shall mean Bappa Fruits.
When You use any of the services provided by us through the Website, including but not limited
to, (e.g. Customer Reviews), You will be subject to the rules, guidelines, policies, terms, and
conditions applicable to such service, and they shall be deemed to be incorporated into this
any time without any prior written notice to You. It is Your responsibility to review these Terms
of Use periodically for updates / changes. Your continued use of the Website following the
posting of changes will mean that You accept and agree to the revisions. As long as You comply
privilege to enter and use the Website.
ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR
AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872
including minors, un-discharged insolvents etc. are not eligible to use the Site/Website. If you
are a minor i.e. under the age of 18 years, you shall not register as a member of the
DevgadHapoos and shall not transact or use website. As a minor if you wish to use or transact on
website, such use or transaction may be made by your legal guardian or parents on the Website.
DevgadHapoos reserves the right to terminate your membership and / or refuse to provide you
with access to the Website if it is brought to DevgadHapoos’s notice or if it is discovered that
you are under the age of 18 years.
Seller / Business entity registration: If you are registering as a business entity or seller,
you represent that you are duly authorized by the business entity to accept these Terms of
Your Account and Registration Obligations
By using the Website, You shall be responsible for maintaining the confidentiality of your Login
Name and Password, and You shall be responsible for all activities that occur under your Login
Name. You agree that if any information provided by You that is inconsistent, inaccurate, not
current or incomplete, or We have reasonable grounds to suspect that such information is
We reserve the right to indefinitely suspend or terminate or block access of your membership on
the Website and refuse You access to the Website.
When You use the Website or send emails or other data, information or communication to
Company, You agree and understand that You are communicating with Company through
electronic records and You consent to receive communications via electronic records from the
Company periodically and as and when required. Company may communicate with You by
email or by such other mode of communication, electronic or otherwise.
Platform for Transaction and
The Website is a platform that Users utilize to meet and interact with one another for their
transactions. DevgadHapoos is not and cannot be a party to or control in any manner any
transaction between the Website’s Users.
Membership on the Website is free for buyers. DevgadHapoos does not charge any fee for
browsing and buying on the Website. DevgadHapoos reserves the right to change its Fee Policy
from time to time. In particular, DevgadHapoos may at its sole discretion introduce new services
and modify some or all of the existing services offered on the Website. In such an event
DevgadHapoos reserves the right to introduce fees for the new services offered or
amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall
be posted on the Website and such changes shall automatically become effective immediately
after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian
Rupees. You shall be solely responsible for compliance of all applicable laws including those in
India for making payments to Bappa Fruits.
Use of the Website
You agree, undertake and confirm that your use of Website shall be strictly governed by the
following binding principles:
1. You shall not host, display, upload, modify, publish, transmit, update or share any information
(a) belongs to another person and to which You does not have any right to;
(b) 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; or unlawfully threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the Indecent Representation of
Women (Prohibition) Act, 1986;
(c) is misleading in any way;
(d) is patently offensive to the online community, such as sexually explicit content, or content
that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind
against any group or individual;
(e) harasses or advocates harassment of another person;
(f) involves the transmission of "junk mail”, "chain letters”, or unsolicited mass mailing or
(g) promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or
(h) infringes upon or violates any third party's rights [including, but not limited to, intellectual
property rights, rights of privacy (including without limitation unauthorized disclosure of a
person's name, email address, physical address or phone number) or rights of publicity];
(i) promotes an illegal or unauthorized copy of another person's copyrighted work (see
"Copyright complaint" below for instructions on how to lodge a complaint about uploaded
copyrighted material), such as providing pirated computer programs or links to them, providing
information to circumvent manufacture-installed copy-protect devices, or providing pirated
music or links to pirated music files;
(j) contains restricted or password-only access pages, or hidden pages or images (those not
linked to or from another accessible page);
(k) provides material that exploits people in a sexual, violent or otherwise inappropriate manner
or solicits personal information from anyone;
(l) provides instructional information about illegal activities such as making or buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
(m) contains video, photographs, or images of another person (with a minor or an adult).
(n) tries to gain unauthorized access or exceeds the scope of authorized access to the Website or
to profiles, blogs, communities, account information, bulletins, friend request, or other areas of
the Website or solicits passwords or personal identifying information for commercial or unlawful
purposes from other users;
(o) engages in commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of
written consent means a communication coming from DevgadHapoos’s Legal Department,
categorically in response to your request, and categorically addressing the activity or conduct for
which you seek authorization;
(p) solicits gambling or engages in any gambling activity which We, in Our sole discretion,
believes is or could be construed as being illegal;
(q) interferes with another user's use and enjoyment of the Website or any other individual's user
and enjoyment of similar services;
(r) refers to any website or URL that, in Our sole discretion, contains material that is
inappropriate for the Website or any other website, contains content that would be prohibited or
(s) harm minors in any way;
(t) infringes any patent, trademark, copyright or other proprietary rights or third party’s trade
secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of
counterfeit or stolen items;
(u) violates any law for the time being in force;
(v) deceives or misleads the addressee/ users about the origin of such messages or communicates
any information which is grossly offensive or menacing in nature;
(w) impersonate another person;
(x) contains software viruses or any other computer code, files or programs designed to interrupt,
destroy or limit the functionality of any computer resource; or contains any trojan horses, worms,
time bombs, cancelbots, easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any
system, data or personal information;
(y) 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 cognizable offence
or prevents investigation of any offence or is insulting any other nation.
shall not be false, inaccurate or misleading;
shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any
item, the dealing of which is prohibited or restricted in any manner under the provisions
of any applicable law, rule, regulation or guideline for the time being in force.
shall not create liability for us or cause us to lose (in whole or in part) the services of our
ISPs or other suppliers;
2. You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or
circumvent the navigational structure or presentation of the Website or any Content, to obtain or
attempt to obtain any materials, documents or information through any means not purposely
made available through the Website. We reserve our right to bar any such activity.
3. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or
any other systems or networks connected to the Website or to any server, computer, network, or
to any of the services offered on or through the Website, by hacking, password “mining” or any
other illegitimate means.
4. You shall not probe, scan or test the vulnerability of the Website or any network connected to
the Website nor breach the security or authentication measures on the Website or any network
connected to the Website. You may not reverse look-up, trace or seek to trace any information on
any other user of or visitor to Website, or any other customer, including any account on the
Website not owned by You, to its source, or exploit the Website or any service or information
made available or offered by or through the Website, in any way where the purpose is to reveal
any information, including but not limited to personal identification or information, other than
your own information, as provided for by the Website.
5. You shall not make any negative, denigrating or defamatory statement(s) or comment(s)
about us or the brand name or domain name used by us including the terms DevgadHapoos,
DevgadHapoos.com or otherwise engage in any conduct or action that might tarnish the image or
reputation, of DevgadHapoos or or otherwise tarnish or dilute any DevgadHapoos’s trade or
service marks, trade name and/or goodwill associated with such trade or service marks, trade
name as may be owned or used by us. You agree that You will not take any action that imposes
an unreasonable or disproportionately large load on the infrastructure of the Website or
DevgadHapoos’s systems or networks, or any systems or networks connected to DevgadHapoos.
6. You agree not to use any device, software or routine to interfere or attempt to interfere with
the proper working of the Website or any transaction being conducted on the Website, or with
any other person’s use of the Website.
7. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin
of any message or transmittal You send to us on or through the Website or any service offered on
or through the Website. You may not pretend that You are, or that You represent, someone else,
or impersonate any other individual or entity.
8. You may not use the Website or any content for any purpose that is unlawful or prohibited by
infringes the rights of DevgadHapoos and / or others.
9. Solely to enable us to use the information You supply us with, so that we are not violating any
rights You might have in your Information, You agree to grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the
copyright, publicity, database rights or any other rights You have in Your Information, in any
media now known or not currently known, with respect to your Information. We will only use
10. From time to time, You shall be responsible for providing information relating to the items or
services proposed to be sold by You. In this connection, You undertake that all such information
shall be accurate in all respects. You shall not exaggerate or over emphasize the attributes of
such items or services so as to mislead other Users in any manner.
11. You shall not engage in advertising to, or solicitation of, other users of the Website to buy or
sell any products or services, including, but not limited to, products or services related to that
being displayed on the Website or related to us. You may not transmit any chain letters or
unsolicited commercial or junk email to other users via the Website. It shall be a violation of
or harm another person, or in order to contact, advertise to, solicit, or sell to another person other
than us without our prior explicit consent. In order to protect our users from such advertising or
solicitation, we reserve the right to restrict the number of messages or emails which a user may
send to other users in any 24-hour period which we deems appropriate in its sole discretion. You
understand that we have the right at all times to disclose any information (including the identity
of the persons providing information or materials on the Website) as necessary to satisfy any
law, regulation or valid governmental request. This may include, without limitation, disclosure of
the information in connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response to a lawful court order or subpoena. In addition, we can (and You
hereby expressly authorize us to) disclose any information about You to law enforcement or
other government officials, as we, in our sole discretion, believe necessary or appropriate in
connection with the investigation and/or resolution of possible crimes, especially those that may
involve personal injury.
We reserve the right, but has no obligation, to monitor the materials posted on the Website.
DevgadHapoos shall have the right to remove or edit any content that in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of
Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE
CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR
PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect
DevgadHapoos views. In no event shall DevgadHapoos assume or have any responsibility or
liability for any Content posted or for any claims, damages or losses resulting from use of
Content and/or appearance of Content on the Website. You hereby represent and warrant that
You have all necessary rights in and to all Content which You provide and all information it
contains and that such Content shall not infringe any proprietary or other rights of third parties or
contain any libellous, tortious, or otherwise unlawful information.
12. Your correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the Website, including payment and delivery of related products or services,
and any other terms, conditions, warranties or representations associated with such dealings, are
solely between You and such advertiser. We shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any such dealings or as the result of the presence of
such advertisers on the Website.
13. It is possible that other Users (including unauthorized users or “hackers”) may post or
transmit offensive or obscene materials on the Website and that You may be involuntarily
exposed to such offensive and obscene materials. It also is possible for others to obtain personal
information about You due to your use of the Website, and that the recipient may use such
information to harass or injure You. We does not approve of such unauthorized uses, but by
using the Website You acknowledge and agree that we are not responsible for the use of any
personal information that You publicly disclose or share with others on the Website. Please
carefully select the type of information that You publicly disclose or share with others on the
15. DevgadHapoos shall have all the rights to take necessary action and claim damages that may
occur due to your involvement/participation in any way on your own or through group/s of
people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds,
music and artwork (collectively, “Content”), is a third party user generated content and
DevgadHapoos has no control over such third party user generated content as DevgadHapoos is
be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated,
transmitted or distributed in any way (including “mirroring”) to any other computer, server,
Website or other medium for publication or distribution or for any commercial enterprise,
without DevgadHapoos’s express prior written consent.
You may use information on the products and services purposely made available on the Website
for downloading, provided that You (1) do not remove any proprietary notice language in all
copies of such documents, (2) use such information only for your personal, non-commercial
informational purpose and do not copy or post such information on any networked computer or
broadcast it in any media, (3) make no modifications to any such information, and (4) do not
make any additional representations or warranties relating to such documents.
You shall be responsible for any notes, messages, e-mails, billboard postings, photos, drawings,
profiles, opinions, ideas, images, videos, audio files or other materials or information posted or
transmitted to the Website (collectively, " Content"). Such Content will become our property and
You grant us the worldwide, perpetual and transferable rights in such Content. We shall be
the Content or any of its elements for any type of use forever, including but not limited to
promotional and advertising purposes and in any media whether now known or hereafter
devised, including the creation of derivative works that may include the Content You provide.
Rules of Conduct on Site as mentioned herein, and You are not entitled to any payment or other
compensation for such use.
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 there under. If You object to Your Information
being transferred or used in this way please do not use Website.
While availing any of the payment method/s available on the Website, we will not be responsible
or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly
to You due to:
1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between your "Bank/s", or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s.
All payments made against the purchases/services on Website by you shall be compulsorily in
Indian Rupees acceptable in the Republic of India. Website will not facilitate transaction with
respect to any other form of currency with respect to the purchases made on Website.
Before shipping / delivering your order to you, Seller 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 in the interest
of providing a safe online shopping environment to our users.
1. Transactions, Transaction Price and all commercial terms such as Delivery, Dispatch of
products and/or services are as per principal to principal bipartite contractual obligations between
Buyer and Seller and payment facility is merely used by the Buyer and Seller to facilitate the
completion of the Transaction. Use of the payment facility shall not render DevgadHapoos liable
or responsible for either the non–delivery, non-receipt, non-payment, damage, breach of
representations and warranties, non-provision of after sales or warranty services or fraud as
regards the products and /or services listed on DevgadHapoos’s Website.
2. You have categorically authorized DevgadHapoos or its service providers to collect, process,
facilitate and remit payments and / or the Transaction Price electronically or through Cash on
Delivery to and from other Users in respect of transactions through Payment Facility. Your
relationship with DevgadHapoos is on a principal to principal basis and by accepting these
does not have control of or liability for the products or services that are listed on
DevgadHapoos’s Website that are paid for by using the Payment Facility. DevgadHapoos does
not guarantee the identity of any User nor does it ensure that a Buyer or a Seller will complete a
3. You understand, accept and agree that the payment facility provided by DevgadHapoos is
neither a banking nor financial service but is merely a facilitator providing an electronic,
automated online electronic payment, collection and remittance facility for the Transactions on
the DevgadHapoos Website using the existing authorized banking infrastructure and Credit Card
payment gateway networks. Further, by providing Payment Facility, DevgadHapoos is neither
acting as trustees nor acting in a fiduciary capacity with respect to the Transaction or the
4. DevgadHapoos reserves the right to impose limits on the number of Transactions or
Transaction Price which DevgadHapoos may receive from on an individual Valid Credit/ Debit/
Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument
directly or indirectly through payment aggregator or through any such facility authorized by
Reserve Bank of India to provide enabling support facility for collection and remittance of
payment or by an individual Buyer during any time period, and reserves the right to refuse to
process Transactions exceeding such limit.
5. DevgadHapoos reserves the right to refuse to process Transactions by Buyers with a prior
history of questionable charges including without limitation breach of any agreements by Buyer
with DevgadHapoos or breach / violation of any law or any charges imposed by Issuing Bank or
breach of any policy.
Without limiting other remedies, we may limit Your activity, immediately remove Your
information, warn other Users of Your actions, immediately temporarily/indefinitely suspend or
terminate or block Your membership, and/or refuse to provide You with access to the Website in
the event, but not limited to:
2. If we are unable to verify or authenticate any information You provide; or
3. If it is believed that Your actions may cause legal liability for You, other users or us.
We may at any time at our sole discretion reinstate suspended users. A 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. Notwithstanding the
reserves 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.
You shall indemnify and hold harmless DevgadHapoos, its owner, licensee, affiliates,
subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and
employees, from any claim or demand, or actions including reasonable attorneys' fees, made by
(including infringement of intellectual property rights) of a third party.
India. The place of jurisdiction shall be exclusively in PUNE.
Limitation of Liability
IN NO EVENT SHALL DevgadHapoos BE LIABLE FOR ANY SPECIAL, INCIDENTAL,
INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH
POSSIBILITY OF SUCH DAMAGES.