TERMS AND CONDITIONS

https://www.cewaa.com and https://saiptld.com/ website, apps and related services platforms are owned and run by M/s Shyamaruna India Private Limited, a company incorporated under the Companies Act, 2013.

The present terms and conditions (Henceforth “cewaa T&C”) shall apply to any and all users of https://www.cewaa.com, cewaa apps, cewaa services, cewaa communications and such other services that cewaa shall notify from time to time upon its platform. The terms “Shyamaruna India Private Limited”, “cewaa”, “we”, “our” or “us” means Shyamaruna India Private Limited all refer to “Shyamaruna India Private Limited” itself.

https://www.cewaa.com (henceforth “cewaa”) and https://saiptld.com/ is a website run by Shyamaruna India Private Limited and the cewaa trademark is the exclusive property of Shyamaruna India Private Limited. cewaa is the leading service provider platform for all kinds of household needs such as grocery, fruits, vegetables, and medicines to services like electrician, cook, carpenter, etc ( more exhaustively provided in “Schedule A” to these terms and conditions), delivered to the users’ door step. cewaa helps its users to meet such needs through cewaa platform of website, apps, telephone and whatsapp. Used anywhere in this document or in privacy policy or in cancellation, return, refund and delivery policy, the term “cewaa Platform” or “Platform” refers to the website, apps, telephone and whatsapp account which are run by M/s Shyamaruna India Private Limited, whether taken together or individually as the case may be.

The cewaa T&C shall become effective and binding upon the user from the moment such user creates an account or avails any of the cewaa services from any platform or mode.

Competency

The user of cewaa Services represents that they are:

1.     competent to contract,

2.     are 18 years or older,

3.     have a valid phone number,

4.     have a valid email address.

If the cewaa Services are availed by any user without any of the above, then cewaa or its parent company shall not be responsible for any discrepancy and deficiency in service or any damage that may be cause to the body or reputation of the user or any loss of money of the user.

Account

The user agrees that before using cewaa Services, the user shall create an account with cewaa, which shall remain common across platforms. The user agrees to use their own personal data for creation of the account and shall not in any manner use such information which does not belong to them or which they are not expressly authorised to use. The user shall provide its name, address, pin code, phone number, age, gender, and email id, if so asked by the cewaa platform. cewaa reserves the right to make any of these or any other information a mandatory pre-condition before serving any such user.

 Access

Creating an account is the pre-condition for access to the cewaa Services. Users who are not competent to contract can use the cewaa platform under the supervision of a legal guardian. By creating an account, the user gets a limited license to use the cewaa platform and Apps for its services. The license does not grant you any right of use of the cewaa platform nor does it grant you any right to change or modify the any part of the cewaa platform. The description of products, categorization, listing, aggregation etc. on the cewaa platform are exclusive to the platform and the users are not allowed to use this information for any commercial purpose, including downloading any information or making copies of it for the benefit of any other merchant, store owner, trader, or business.

Services

Creation of a valid account will give access to the user to the following services:

1.     User can order grocery items from the cewaa Platform.

2.     User can order fruits and vegetables from cewaa platform.

3.     User can order household maintenance services from the cewaa platform.

4.     User can order pharma products and medicine through the cewaa platform.

Extent of Services

The user understands that cewaa is an electronic place and platform that offers its users products and services to be ordered over the internet delivered at their physical addresses. cewaa gives its users ability to choose from a wide range of grocery products, general healthcare and wellbeing products, fresh fruits and vegetables, medicine, household services. cewaa continuously aspires to deliver the best possible products and services to its users. However, at the same time user understands that there are limitations to the variety, quantity, and quality of products and services offered by cewaa.

Agent of the user.

Delivery person to be the agent of the user.

Grocery

Grocery products which include products of daily use, and consumption are offered by cewaa platform. The grocery products are offered online through an inventory maintained by cewaa. These products are sourced from various FMCG companies, small traders, farmers and other businesses. cewaa also offers wide range of grocery products developed and marketed under its own brand as well. The user understands that cewaa does not guarantee any fitness of products offered on its platform and the guarantee of any product is governed by the respective manufacturers.  

As far as grocery products are concerned cewaa acts as an online store where users can order products as well as have them delivered to their address. Once the order is placed and is confirmed by cewaa, then cewaa delivers such groceries through its delivery partners.

Invitation to offer for sale:

The   inclusion and display of products on the cewaa platform is just “an invitation to an offer for sale,” not “an offer for sale.”. The placement of an order by the user shall then constitute an offer to enter into an agreement with the cewaa.

Transfer of Property and Completion of Sale:

The user understands that mere placing of the order on the cewaa platform will not entitle him to the transfer of ownership of the grocery product so ordered. The ownership of any grocery product so ordered shall vest with cewaa only unless consideration  upon such product is received by cewaa. cewaa reserves the right to cancel any order or refuse any deliver for any reason whatsoever.

No Liability

cewaa does not have any control over its delivery partners and thus disclaims any liability that may arise due to default of the delivery partner. The delivery partner acts as an agent of the user and cewaa is only facilitating the whole transaction.

cewaa is not responsible for the quality and content of products being offered upon its platform for purchase and the user shall not hold cewaa liable or responsible in any manner from the consequence of using, consuming, keeping, storing of such product.

Fresh Fruits and Vegetables

cewaa also offers its users the ability to order fresh fruits and vegetable directly from its platform. The user can choose from the available categories and choices of vegetables and fruits. These orders are then fulfilled by the cewaa by sourcing the products from such vendors as necessary thereby ensuring that the products so delivered are fresh.

Fresh fruits and vegetables are perishable item and hence are sourced only when an order is so placed. cewaa takes utmost care to ensure the quality of the fruit or vegetable so ordered is upto the mark  however the user understands that the cewaa ensures that the quality is reasonable from what is available in the market.

Invitation to offer for sale:

The   inclusion and display of products (fruits and vegetables) on the cewaa platform is just “an invitation to an offer for sale,” not “an offer for sale.”. The placement of an order by the user shall then constitute an offer to enter into an agreement with the cewaa.

Transfer of Property and Completion of Sale:

The user understands that mere placing of the order on the cewaa platform will not entitle him to the transfer of ownership of the grocery product so ordered. The ownership of any grocery product so ordered shall vest with cewaa only unless consideration upon such product is received by cewaa. cewaa reserves the right to cancel any order or refuse any deliver for any reason whatsoever.

No Liability

cewaa does not have any control over its delivery partners and thus disclaims any liability that may arise due to default of the delivery partner. The delivery partner acts as an agent of the user itself and cewaa is only facilitating the whole transaction.

cewaa is not responsible for the quality and content of products being offered upon its platform for purchase and the user shall not hold cewaa liable or responsible in any manner from the consequence of using, consuming, keeping, storing of such product.

Household Services

cewaa also offers its users the ability to order from a wide range of household services (as provided in “Schedule A”) directly from the cewaa platform. Once ordered, these services are then delivered by independent third-party service providers, to the user. The user understands that they are only offered the ability to choose from the household service they require, at the place and time they choose or schedule from the available delivery slots. Based upon the user’s location, requirement, choice of service and delivery slots so chosen, that the cewaa platform allots an independent third-party service provider who then delivers such service to the user. cewaa does not in any way employ such third-party service providers and they are also in no way agents, contractors, or partners of cewaa. These professionals thus cannot bind or represent cewaa.

The user further understands that any product or spare part per equipment which may be installed in the course of such service, the price of such product or spare part or equipment shall be charged in advance from the user by such service provider.

No Liability

cewaa excludes all warranties and liabilities arising out of or pertaining to such third-party service providers, including their accuracy or completeness, as availed by the user.

cewaa does not guarantee or warrant and hence makes no representation whatsoever regarding the reliability, quality, or suitability of the third-party service providers. Thus, the user hereby accepts the full responsibility for any consequences that may arise from the user’s use of the Services and also agrees explicitly that cewaa has no liability in this regard and also at the same time cewaa does not guarantee or warrant and make any representation regarding the reliability, quality, or suitability of such third-party service providers.

The user also agrees and acknowledges that soliciting or receiving such services from any third-party service professional independently is solely at the risk of the user and in such event, the user waives off any rights that they may have under these terms. The user also hereby accepts full responsibility for any consequences that may arise from the use of the services, and thus expressly agrees and acknowledges that they have no liability in that regard.

Invitation to offer for sale:

The   inclusion and display of services on the cewaa platform is just “an invitation to an offer for sale,” not “an offer for sale.”. The placement of an order for such service by the user shall then constitute an offer to avail those services which would become binding once accepted by cewaa.

Transfer of Property and Completion of Sale:

The user understands that mere placing of the order on the cewaa platform will not entitle him to the delivery of such service. The right to avail those services shall only be available after the consideration is so received by cewaa. cewaa reserves the right to cancel any order for such service.

Medicines

cewaa offers a wide range of medicines for sale from its platform. The user can choose from such medicines being displayed over the platform and have them delivered through their delivery agents.

The user acknowledges that cewaa is not a pharmaceutical vendor and neither does it have any pharmaceutical license. cewaa works as a medicine delivery platform for the medicines that are displayed on its platform.

cewaa facilitates the purchase of drugs and other pharmaceutical products which will also include Over the Counter (OTC) medicines and other wellness products.

Prescription Drugs

In order to purchase drugs and any pharmaceutical products, the user is required to upload a scanned copy of a valid prescription on the platform post which, the pharmacies will hand out the products (medicines, etc.), and the quantity ordered, as specified in the uploaded prescription. In case if there is any discrepancies in the prescription the order shall stand cancelled. The delivery of the order as well as the verification is beyond cewaa’s control and cewaa shall not be held responsible for any delay or cancellations.

cewaa’s Role

cewaa acts as an intermediary for the transaction that takes place between the user who is buying the medicine or any wellness product and pharmacies.

No Liability

All the items which are offered for sale as well as the content which is displayed, such as product descriptions, images etc. are generic descriptions of the medicine. cewaa has no control over such third-party generated contents, Products or Services and it does not originate or initiate the transmission of such information or content. cewaa doesn’t guarantee any accuracy or veracity of the product description displayed upon its platform. cewaa shall have no liability with respect to any questions of authenticity of the Product being provided through it. cewaa does not make any sort of representation or warranty in regard to the legal title of the Products offered and at no point of the transaction (display, offer, sale, purchase, deliver, return) shall the title or custody vest with cewaa and therefore cewaa shall not have any obligations or liabilities in respect of any transactions for the same.

CEWAA SHALL NOT BE RESPONSIBLE FOR ANY CONSEQUENCE OF THE MEDICINE SO CONSUMED BY THE USER

cewaa is also not responsible for any delayed performance/non-performance or any breach of contract of any transaction entered between the user and the third-party for any sale, purchase, delivery, return etc.

The user acknowledges and understands that the platform shall not provide any warranty or any representation with regards to the authenticity or the accuracy of the information provided, and the user should perform their own due diligence while using the platform.

Invitation to offer for sale:

The inclusion of medications and other pharmaceutical products on the cewaa platform is just “an invitation to an offer for sale,” not “an offer for sale.”. The placement of an order by the user shall then constitute an offer to buy such medicine. And once accepted it shall become binding on both the parties, that is the user as well as the pharmacy which chooses to provide the medicine. The acceptance shall only take place when the verification of the prescription and the availability of the contents of such prescription are ascertained.

Transfer of Property and Completion of Sale:

The user understands that mere placing of the order on the cewaa platform will not entitle him to the transfer of ownership of the medicine so ordered. The ownership of any medicine so ordered shall vest with cewaa only unless the consideration payable for such medicine is received by cewaa on behalf of the vendor. cewaa reserves the right to cancel any order or refuse any deliver for any reason whatsoever.

There shall be two separate invoices, issued to such customer one of them shall be from such retail pharmacy from where the order has been procured on the behalf of the user/customer and the other copy shall be cewaa’s invoice for the delivery of the product.

Delivery

The Products so ordered shall be delivered by independent contractors. The delivery personnel so appointed which are engaged by the platform shall be the user’s agent for the delivery of the products and services from the pharmacies to the address provided by the user. cewaa has no control over the products and services and the obligation only pertains to standard delivery obligations and duty of care. The user shall also agree and acknowledge that such delivery personnel acts as the user’s agent with the user’s consent and cewaa is merely facilitating this, and therefore will have no responsibility or liability in this regard.

Scrap Services

cewaa offers Scrap pickup services for the purposes of recycling, exploitation, treatment, transportation of scrap materials such as metal, plastic, paper, and e-waste among others. The user can offer to sell the scrap to cewaa, once such an offer is received, cewaa will arrange for its pickup. The pickup shall be done after verifying the quantity of the scrap.

To avail this, the user must provide their information along with a scheduled date and time in their request. There is a minimum requirement of 15 kg of scrap which enables a successful pickup order. The rate of all materials shall be fixed for which the user may refer to our price list and in case there is any material which is not listed in the price list, the user can contact cewaa.

In lieu of the sale of scrap by the user, the user shall not be paid any money, but such user shall receive an equivalent value in their cewaa wallet in the form of cewaa credit points. The user can then purchase of products and services exclusively from the cewaa Platform through this wallet.

Since cewaa only acts as a medium whose sole purpose is to provide a platform for the buyer and seller, the platform thus will not have any liabilities, responsibilities, or any sort of obligations in this transaction.

CUSTOMER CONDUCT

cewaa prohibits discrimination against Service Professionals including on the basis of race, religion, caste, nationality, disability, sexual orientation, sex, marital status, gender identity, age or any other such trait protected under the law. This discrimination is not limited to including the refusal to accept any services provided by the platform.

The user also agrees not to publish defamatory statements against cewaa on public platforms which consists of incorrect statements and other false grievances using its trademarks, web design, screenshots, or brand name. In case of any concerns/grievances the user is free to address such concerns to our grievance redressal team and reach out to us at- cewaa@saiptld.com

Privacy Policy

For Privacy Policy kindly visit here.

WARRANTY

cewaa makes no representations or warranties about the cewaa Services, including any representations that the Services will be uninterrupted or error-free. cewaa provides these services to the best of its available resources however these are all subject to several factors and therefore no user has any absolute right on the provision of such services. To the fullest extent permitted by applicable law, cewaa and its affiliates (third party vendors) disclaim any implied or statutory warranties, including any implied warranty of title, accuracy of data, non-infringement, merchantability, or fitness for a particular purpose.

cewaa reserves the right to limit your use of its platform, including the number of your connections and your ability to contact other Members. cewaa also reserves the right to restrict, suspend, or terminate your account if you breach these terms and conditions or the law, or if you are misusing the Services provided by cewaa.

Intellectual Property

The “cewaa” wordmark, cewaa logo (*place the logo here*), is a registered trademark of Shyamaruna India Private Limited and therefore Shyamaruna India Private Limited owns all rights is reference to this intellectual property. The platform design, structure and color are an original intellectual property and copyright of Shyamaruna India Private Limited and therefore belong to it.

The cewaa platform, the processes and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interefaces, sounds and music (if any), artwork and computer code (collectively, the “content”) on the cewaa platform is owned and controlled by the company and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights. Without the previous approval of the Company and/or the pertinent third parties who may own the cewaa platform, you are not allowed to use the platform. The Company holds all intellectual property rights in and to the trademark. “cewaa” domain name www.cewaa.in/ https://saiptld.com/ and the web content, unless otherwise stated, anything included to the contrary, or any proprietary material owned by a third party and so specifically mentioned including, but not limited to, all rights, title, and interests in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets, and, goodwill, source code, meta tags, databases, text, content, images, icons, and hyperlinks. Except as expressly stated above, You understand and agree that You shall not, without the prior written consent of Company or the third party owner of such Content, copy, republish, post, display, translate, transmit, reproduce, or distribute any Content by any channel.

Termination

cewaa may terminate your account at any time for any reason, including but not limited to:

• Breach of these Terms and Conditions;
• Engaging in any activity that cewaa deems to be illegal, harmful, or offensive;
• Failing to make any payment owed to cewaa or its affiliates
• Being inactive on the cewaa platform for an extended period of time.

If your account is terminated, you will no longer be able to access the cewaa platform or use the Services. cewaa may also delete any content or information that you have posted on the platform.

Upon termination of your account, all of the provisions of these Terms and Conditions that by their nature should survive termination shall remain in full force and effect.

Severability

If any provision of these Terms and Conditions is held to be invalid or unenforceable, such provision will be struck from these Terms and Conditions and the remaining provisions will remain in full force and effect.

Waiver

cewaa’s failure to enforce any provision of these Terms and Conditions will not be considered a waiver of such provision.

Governing Law and Dispute Resolution

These Terms and Conditions will be governed by and construed in accordance with the laws of India, without regard to its conflict of laws provisions. The courts at Lucknow shall have exclusive jurisdiction with regards to any issue or dispute (including arbitration) regarding these terms and conditions,

Any dispute arising out of or relating to these Terms and Conditions will be adjudicated by arbitration. The seat of Arbitration shall be at Lucknow, the Venue of Arbitration shall be at Lucknow. The decision of the arbitrator will be final and binding upon the parties to the dispute.

SCHEDULE ‘A’