bb Wallet - Terms and Conditions

• Please read the following terms and conditions (“T&Cs”) carefully before registering for, accessing or using the bb Wallet (as defined below), located at www.bigbasket.com or the bigbasket mobile application or any similar platform (hereinafter referred to as bigbasket Platform)on any device and/or before availing any e-wallet services that may be offered by IRCPL (as defined below) on the bigbasket Platform (hereinafter, individually bb Wallet Service and collectively, the bb Wallet Services). The bb Wallet isissued byand the bb Wallet Services are provided by Innovative Retail Concepts Private Limited, a private limited company registered under the Companies Act, 1956 having its registered office at No. 18, 2nd & 3rd Floor, 80 Feet Main Road, Koramangala Bangalore, Karnataka 560034 (“IRCPL”). The customers using the bb Wallet may load amounts in the wallet through their credit or debit cards, and the amounts in the bb Wallet may be used for making payments towards transactions done by customers on the bigbasket Platform. Customers shall not be permitted to make any cash withdrawals from the bb Wallet. By registering for or using bb Wallet, you represent and warrant that you have the right, authority and capacity to enter into these T&Csand to abide by all the T&Cs.

Eligibility

• The bb Wallet Services are not available to persons under the age of 18 or to anyone previously suspended or removed by IRCPL from availing the bb Wallet Services or accessing the bigbasket Platform. By accepting the T&Cs or by otherwise using the bb Wallet Services on the bigbasket Platform, you represent that you are at least 18 years of age and have not been previously suspended or removed by IRCPL, or disqualified for any other reason, from availing the bb Wallet Services or using the bigbasket Platform. In addition, you represent and warrant that you have the right, authority and capacity to enter into these T&Cs and to abide by all the T&Cs. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, IRCPL reserves the right to suspend or permanently prevent you from availing bb Wallet Services or using the bigbasket Platform.

1. Definitions

• “Customer” or “you” means a person who has registered with bigbasket Platform and avails the bb Wallet, and who has accepted the T&Cs, and a person who owns, operates, or has access to an internet compatible device that supports the bb Wallet and the bigbasket Platform.
• “bb Wallet” means the closed system pre-paid payment instrument issued by IRCPL.
• “bb Wallet Account” means the Customer bb Wallet account classified as closed system payment instruments issued by accepting minimum customer details being Customer name, e-mail address, mobile number, which permit payment for purchase of eligible goods from bigbasket Platform.
• “Enrolment Form” means the bb Wallet enrolment form, as is required by IRCPL from the Customer at the time of registration for availing and/or continuation of the bb Wallet.
• “KYC” stands for know your customer and refers to the personal identification and other information required by IRCPL from you before any bb Wallet Services can be delivered. KYC documents/ information may be required by IRCPL from the Customer at the time of registration and/or on a later date, for availing and/or continuation of the bb Wallet.
• “Password” means the secret password used to secure bb Wallet applications, without knowledge of which your bb Wallet will not be operable.
• “Transaction” means purchase of eligible products on the bigbasket Platform.

2. Documentation

• The collection, verification, audit and maintenance of correct and updated Customer information is a continuous process and IRCPL reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements. IRCPL reserves the right to discontinue services or reject applications for bb Wallet at any time if there are discrepancies in information and/or documentation by you.
• You may be required to complete a verification process by furnishing your details (such as your name and date of birth) to comply with the KYC requirement under applicable laws.
• Any information provided to IRCPL with the intention of securing bb Wallet services shall vest with IRCPL, and may be used by IRCPL, for any purpose that is not inconsistent with any applicable law or regulations, at its discretion.

3. General Conditions for bb Wallet

• You will be issued a bb Wallet Account immediately after successful registration.
• You may add money to or recharge your bb Wallet through online payment methods such as domestic credit/debit card and net banking. However, you will not be able to use prepaid/virtual bank cards, EMI, cards issued outside India or a combination of cards to add money to or recharge your bb Wallet. Except as provided hereunder, amounts in your bb Wallet will not be refunded to you under any circumstances.
• You may note that withdrawing money from bb Wallet is not allowed. Any outstanding credit in the bb Wallet must be utilized only to make payments for bona fide Transactions.
• bb Wallets are available only to resident Indians who have attained the age of 18 years and are competent to contract.
• bb Wallets are not transferable.
• You may add money into your bb Wallet upto a maximum of INR 10,000 (Rupees ten thousand) per month. This limit will be inclusive of any credits made by you and any refunds received by you for any Transactions in your bb Wallet. Additionally, the balance in your bb Wallet shall not exceedINR 10,000 (Rupees ten thousand) at any relevant time of determination. These limitsmay be reviewed and modified at the discretion of IRCPL without prior intimation to the Customer.
• IRCPL reserves the right to suspend/discontinue bb Wallet services to you at any time, for any cause, including, but not limited, to the following-
  • For any suspected violation of the T&Cs;
  • For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;
  • To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure event;
  • If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons;
  • If the same is due to any transmission deficiencies caused by topographical and geographical constraints/limitations;
  • If the mobile connection with which your bb Wallet is related ceases to be operational or in your possession or control;
  • If IRCPL believes, in its reasonable opinion, that cessation/suspension is necessary for any other legitimate purpose.
• The value stored on your bb Wallet shall NOT be refunded under ANY circumstances and may only utilized to make payments for bona fide Transactions. No interest will be payable by IRCPL on the available balance reflected on the bb Wallet.
• You are permitted to maintain and operate only one bb Wallet. Any suspected non-conformity with this requirement shall constitute grounds for the suspension/discontinuation by IRCPL of any of all bb Wallets associated with you on the bigbasket Platform. Any operation of or continued availability of any facility respect to the bb Wallets from time to time shall be subject to any requirements under applicable laws, and any new regulations or directions from any regulatory authorities in India.

4. bb Wallet Validity

• Any value in your bb Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your bb Wallet. IRCPL does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using bb Wallet.
• bb Wallet Expiry and Balance Forfeiture.
  • Your bb Wallet account stays active & there is no expiry date for your wallet balance.

5. Customer Obligations

• Any value in your bb Wallet that is utilized towards making payments for any Transaction shall be automatically debited from your bb Wallet. IRCPL does not endorse, promote or warrant any goods and/or services that might be bought/availed or proposed to be bought/availed using bb Wallet.
• bb Wallet availability is subject to the maintenance of an active mobile phone or internet connection with an associated telecom provider. bb Wallet availability is subject to the maintenance of a mobile phone handset and other application on which bigbasket Platform can run and the Customer is solely responsible for all liability arising from unavailability of the bigbasket Platform due to a deficient mobile handset or the internet service provider not being able to support any bb Wallet channel or application.
• You must ensure the availability of sufficient funds in your bb Wallet before executing any Transaction from your bb Wallet.
• You shall be solely responsible for the confidentiality, safety and security of the Password. You shall be the sole owner of the Password and shall be responsible for the consequences arising out of disclosure of the Password and/or the unauthorized use of bb Wallet. In case the Password is lost or misplaced, you shall promptly inform IRCPL by calling on the customer care numbers where after the existing Password will be barred and a new Password will be issued to you after necessary validation. In case the mobile phone/SIM card/mobile number associated with your bb Wallet is lost/stolen/misplaced/no longer in your control, you shall promptly inform IRCPL. IRCPL will, upon receipt of such information, block the relevant account.
• You acknowledge and understand that bb Wallet is linked to your mobile phone number and you shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of mobile connection by the concerned telecom service provider.
• Information submitted by you for availing bb Wallet and/or information submitted while using bb Wallet may be shared by IRCPL with any affiliate of IRCPL or any third party, inter alia, to facilitate the provision of bb Wallet or for the purposes specified in the T&Cs.

6. Indemnification.

• You agree to indemnify, save, and hold IRCPL, its affiliates, contractors, employees, officers, directors, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to : (i) your use or misuse of the bb Wallet; (ii) any violation by you of the T&Cs, including the bb Wallet Terms; or (iii) any breach of the representations, warranties, and covenants made by you herein. IRCPL reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify IRCPL, including rights to settle, and you agree to cooperate with IRCPL’s defense and settlement of these claims. IRCPL will use reasonable efforts to notify you of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of these T&Cs, including the bb Wallet Terms.

7. Additional T&C.

• Any amount transferred erroneously by the Customer, while adding money to or recharging the bb Wallet or while executing Transaction on bigbasket Platform, shall not be refunded to the Customer by IRCPL in any circumstances.
• Any web-link on the bigbasket Platform to a third-party site is not an endorsement of that web-link. By using or browsing any such other web-link, you shall be subject to the terms and conditions in relation to that web-link.
• In the event of any Dispute (defined below), IRCPL records shall be binding as the conclusive evidence of the Transactions carried out through the use of bb Wallet.
• IRCPL shall send all customer communications by SMS and/or e-mail and such SMS shall be deemed to have been received by you after they have been submitted for delivery to the mobile phone operator.
• You agree to receive all commercial messages including transactional messages from IRCPL.
• The parties are independent contractors and nothing in these bb Wallet Terms shall be deemed to create an agency or employment relationship, a franchisor-franchisee relationship, joint venture or partnership.

8. Amendment of Terms, bigbasket Platform

• IRCPL may modify, terminate and/or suspend bb Wallet to the Customer anytime with or without prior notice, due to any changes in internal policies, rules, regulations and laws set by relevant authorities/regulators. IRCPL reserves the right to change, modify, add, or remove portions of these T&Cs (each, a change and collectively, changes) at any time by posting notification on the bigbasket Platform or otherwise communicating the notification to you. The changes will become effective, and shall be deemed accepted by you, 12 hours after the initial posting and shall apply immediately on a going-forward basis with respect to your use of the bigbasket Platform, availing the bb Wallet service, or for payment transactions initiated after the posting date. If you do not agree with any such change, your sole and exclusive remedy is to terminate your use of the bigbasket Platform/bb Wallet. For certain changes, IRCPL may be required under applicable law to give you advance notice, and IRCPL will comply with such requirements. Your continued use of the bigbasket Platform and the bb Wallet following the posting of changes will mean that you accept and agree to the changes.

9. Confidentiality

• You specifically agree that in order to facilitate the provision of bb Wallet, IRCPL may be required to disclose any information or particulars pertaining to you to any authority, statutory or otherwise or any third party.

10. Assignment; Restrictions on Information Sharing; Privacy

• These T&Cs, and any rights granted hereunder, may not be transferred or assigned by you without IRCPL’s prior written consent which may be withheld in IRCPL’s sole discretion, but these T&Cs, and any rights granted hereunder, may be assigned by IRCPL freely (including to its affiliates) and without any restriction. Any assignment attempted to be made by you in violation of this provision shall be void and of no effect.
• By accepting the bb Wallet Terms here and the T&Cs in general, you agree to be customers of IRCPL. In addition, by accepting the bb Wallet Terms here and the T&Cs in general, you expressly and impliedly provide your free and unconditional consent for the following: (a) for transferring IRCPL’s rights and obligations under the bb Wallet Terms in favour of any affiliate of IRCPL or any third party; (b) for using the bigbasket Platform and availing the bb Wallet Services by you subject to any specific terms and conditions imposed by any affiliate of IRCPL; (c) for receiving communications, notices and information from IRCPL or any affiliate of IRCPL; (d) for sharing of business information (including any information relating to you or the services being availed by you) in relation to the bb Wallet service (including data analytics) between IRCPL and any affiliate, insofar as such sharing of business information is necessary or required for the following limited purposes: (i) provision of better services to IRCPL’s customers (including you); (ii) provision of better services by IRCPL’s vendors and Merchant Establishments; (iii) to prevent any breach of a binding agreement between IRCPL and any affiliate, or to give effect to any such agreement; (iv) for ensuring compliance with the applicable law or legally compelled disclosures by IRCPL or any affiliate of IRCPL; or (v) for preventing fraud and money laundering and for enhancement of risk mitigation systems and processes in relation to the activities of IRCPL or of any affiliate of IRCPL; or (vi) IRCPL retaining any and all information relating to you till such time as may be required under applicable laws or internal policies. At times IRCPL or its affiliates may make certain personal information available to affiliates, and, strategic partners that work with IRCPL to provide products and services, or that help IRCPL market to customers. Personal information will only be shared by IRCPL to provide or improve IRCPL’s products, services and advertising, and will always be shared in compliance with applicable laws.
• IRCPL, amongst others, shares information with companies (including with its affiliates) who provide services such as information processing, extending credit, fulfilling customer orders, delivering products to you, managing and enhancing customer data, providing customer service, assessing your interest in IRCPL’s products and services offering any products or services from any bigbasket Platform, and conducting customer research or satisfaction surveys. Any such sharing will be in compliance with applicable laws and these companies are obligated to protect your personal information under applicable law.
• It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities − for IRCPL to disclose your personal information. IRCPL may also disclose information about you if IRCPL determines that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate
• IRCPL may also disclose information about you if IRCPL determines that disclosure is reasonably necessary to enforce the bb Wallet Terms here or the T&Cs in general or protect IRCPL’s operations or users. Additionally, in the event of a reorganization, transfer, merger, or sale of all or any portion of IRCPL’s business or products or services offered through any bigbasket Platform to any persons (including any affiliates), IRCPL may transfer any and all personal information that IRCPL collects to the relevant transferee or enter into contractual agreements to share such information with such transferees, and transfer any contractual rights or benefits to such transferees., IRCPL may transfer any and all personal information that IRCPL collects to the relevant transferee or enter into contractual agreements to share such information with such third party transferee.
• IRCPL’s privacy policy applies to use of the bigbasket Platform, and its terms are made a part of these T&Cs by this reference. Additionally, by using the bigbasket Platform, you acknowledge and agree that internet transmissions are never completely private or secure. You understand that any message or information you send to the bigbasket Platform may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

11. Intellectual Property Rights

• IRCPL, or its licensors, own all right, title and interest, including, but not limited to all copyright, trademark, patent, trade secret or other proprietary rights (hereinafter IP Rights), in and to the bigbasket Platform, bb Wallet Services, bb Wallet or usage data. You shall not reproduce, distribute, transmit, modify, create derivative works, display, perform or otherwise use the bigbasket Platform, bb Wallet Services or bb Wallet or any of the IP Rights, or attempt to reverse engineer, decompile, disassemble, or derive the source code for the bigbasket Platform or bb Wallet or use the bigbasket Platform or bb Wallet to create a competing product. The “bigbasket” brand is owned by Supermarket Grocery Stores Private Limited “SGS” which has been licensed to IRCPL by SGS. Unauthorized use of “bigbasket” as a word, trademark, symbol, device mark or word mark, is strictly prohibited. All rights are expressly reserved by IRCPL and SGS to use the brand of “bigbasket” in all its forms and variations.

12. Disclaimer; No Warranties

• IRCPL gives no warranty, express or implied, with respect to the BB Platform and bb Wallet. To the fullest extent permissible, pursuant to applicable law, IRCPL and its third-party partners, licensors and suppliers disclaim all warranties or guarantees - whether statutory, express or implied - including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. IRCPL provides the bigbasket Platform and the bb Wallet and any other technology and services on the bigbasket Platform are on an “as is”, “where is”, “with all faults” basis.
• No advice or information, whether oral or written, obtained by you from IRCPL or through the bb Wallet or the bigbasket Platform will create any warranty or guarantee other than those expressly stated herein. For the purposes of this Disclaimer, you expressly acknowledge that as used in this section, the term “IRCPL” includes IRCPL’s officers, directors, employees, shareholders, agents, licensors, subcontractors and affiliates. You expressly agree that use of the bb Wallet on the bigbasket Platform is at your sole risk. It is your responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services, merchandise and other information provided through the bigbasket Platform or on the Internet generally.
• The bb Wallet and the bigbasket Platform and any data, information, third party software, reference sites, services, or software made available in conjunction with or through the services and the site are provided on an “as is” and “as available,” “with all faults” basis and without warranties or representations of any kind either express or implied. IRCPL, and its third-party suppliers, licensors, and partners do not warrant that the data, IRCPL software, functions, or any other information offered on or through the bb Wallet Services/bigbasket Platform or any reference sites/platforms/apps/services will be uninterrupted, or free of errors, viruses or other harmful components and do not warrant that any of the foregoing will be corrected.
• IRCPL and its third-party suppliers, licensors, and partners do not warrant or make any representations regarding the use or the results of the use of the bb Wallet Services/bigbasket Platform or any reference sites/platforms/apps/services in terms of correctness, accuracy, reliability, or otherwise. You understand and agree that you use, access, download, or otherwise obtain information, materials, or data through the bb Wallet Services/bigbasket Platform or any reference sites/platforms/apps/services at your own discretion and risk and that you will be solely responsible for any damage to your property (including your computer system and mobile device or any other equipment) or loss of data that results from the download or use of such material or data. We do not authorize anyone to make any warranty on our behalf and you should not rely on any such statement.
• This section shall survive termination of the T&Cs. In no event will IRCPL be liable for any incidental, consequential, or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information, and the like) arising out of the use of or inability to use the bigbasket Platform.

13. Waiver and Release

• The failure of IRCPL to exercise or enforce any right or provision of the T&Cs will not constitute a waiver of such right or provision. Any waiver of any provision of the T&Cs will be effective only if in writing and signed by IRCPL. To the maximum extent permitted by law, you waive, release, discharge and hold harmless IRCPL, its affiliates, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of your use of the bigbasket Platform or bb Wallet.

14. Consent to Electronic Communications and Transactions

• By registering to use the bb Wallet, you consent to conduct Transactions and receive communications, notices and information from us electronically, whether sent by e-mail or other electronic means. Electronic communications shall be deemed to have been received by you when IRCPL sends an electronic communication to your e-mail address/mobile number as per our records, or when IRCPL posts an electronic communication on the bigbasket Platform. The pre-requisites for effective electronic Transactions and communications are as follows: (a) you must have access to the Internet through a broadband connection or mobile data or through any other applications; and (b) you must have a valid e-mail address and mobile number. You can withdraw your consent for electronic communication at any time by contacting IRCPL, but IRCPL reserves the right to terminate your bb Wallet Account, as the case may be, upon such withdrawal. Withdrawal of your consent for electronic communication will not affect the legal validity and enforceability of any notice, statement or disclosure previously received electronically. You agree to notify IRCPL promptly if your email address, mobile number or other contact information changes by updating your account information or contacting IRCPL

15. Limitation of Liability

• In no event, IRCPL or its contractors, agents, licensors, partners or suppliers will be liable to you for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages (including without limitation lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever) arising out of or relating to: (i) these T&Cs; (ii) the bb Wallet, the bigbasket Platform or any reference site/app/platform/service; or (iii) your use or inability to use the bb Wallet, the bigbasket Platform (including any and all materials) or any reference sites/app/platform/service or (iv) any other interactions with IRCPL, however caused and whether arising in contract, tort including negligence, warranty or otherwise, even if IRCPL or a IRCPL authorized representative has been advised of the possibility of such damages. You acknowledge and agree that IRCPL has offered its products and services, set its prices, and entered into these T&Cs in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and IRCPL, and that the warranty disclaimers and the limitations of liability set forth herein form an essential basis of the bargain between you and IRCPL. IRCPL would not be able to provide the services to you on an economically reasonable basis without these limitations. Applicable law may not completely allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitations or exclusions will apply to you subject to applicable law. In such cases, IRCPL’s liability will be limited to the fullest extent permitted by applicable law. This section of the bb Wallet Terms shall survive the termination of these T&Cs.

16. Dispute Resolution

• If any dispute, controversy or claim arises under these T&Cs or in relation to a bb Wallet or the bigbasket Platform, including any question regarding the existence, validity or termination of the bb Wallet Terms or the T&Cs in general or these T&Cs (hereinafter Dispute), the parties shall use all reasonable endeavours to resolve such Dispute amicably. If the parties are unable to resolve the Dispute amicably within 30 days of the notice of such Dispute, IRCPL may elect to resolve any Dispute by a binding arbitration in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The Dispute shall be resolved by a sole arbitrator, appointed in accordance with the Act. The seat of the arbitration shall be Bengaluru and the language of this arbitration shall be English. Either you or IRCPL may seek any interim or preliminary relief from a court of competent jurisdiction in Bengaluru necessary to protect the rights or the property belonging to you or IRCPL (or any of our agents, suppliers, and subcontractors), pending the completion of arbitration. Any arbitration shall be confidential, and neither you nor IRCPL may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcing the arbitration award. All administrative fees and expenses of arbitration will be divided equally between you and IRCPL. In all arbitrations, each party will bear the expense of its own lawyers and preparation. This paragraph shall survive termination of these T&Cs.

17. Governing Law

• Subject to the Dispute Resolution section above, you agree that any claim or dispute you may have against IRCPL must be resolved by a court having jurisdiction in Bengaluru, India. You agree to submit to the personal jurisdiction of the courts located within Bengaluru, India, for the purpose of litigating all such claims or disputes. TheseT&Cs shall be governed by Indian law. This paragraph shall survive termination of these T&Cs.

18. Severability

• If any provision of the T&Cs in general or as a whole is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from the T&Csto the minimum extent required, and the remaining provisions will remain valid and enforceable.

19. Customer Service

• Any questions, comments or complaints related to your bb Wallet should be referred to bigbasket customer care by email to customerservice@bigbasket.com, or by calling our customer service number at 1860-123-1000.