TERMS OF SERVICE

These Terms of Service (“Terms”) governed your use of the website (https://www.abcoffee.in/) and the mobile application (https://apps.apple.com/in/app/abcoffee/id6511243783)for IOS users and (https://play.google.com/store/apps/details?id=com.abcoffee)for Android users (collectively, the “Platform”) that is owned, operated and managed by Brewbay Innovations Private Limited (hereinafter referred to as (“abCoffee” “we”, “us”, “our” or similar). In these Terms, “you”, “your” (or similar) shall refer to any natural or legal person visiting our Platform and/ or purchasing our Products and/or Services (de-fined below) as available on the Platform.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following Terms, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

These Terms shall be read in conjunction with the Privacy Policy, Shipping Policy, Refund and Return Policy, Cancellation Policy and any other related policy as amended published on the Platform from time to time. Please read these Terms carefully before accessing or using the Platform. By accessing or using any part of the Platform, you agree to be bound by these Terms. If you do not agree any of the terms and conditions of these Terms, then you may not access the Platform or use any services. By utilising the Platform, purchasing the Products or using our Services, or any part there, you automatically and perpetually agree to these Terms.

Upon each visit or use of the Platform, or upon your registration, or upon you accessing or providing any information, or purchasing any Products and/or services on our Platform (hereinafter referred to as “Service(s)”), you agree to engage in our Services and be bound by the Terms, including those additional terms and conditions and policies referenced on our Platform and/or available by hyperlink throughout the website. We offer this Platform, including all information, Products, tools and Services made available on this Platform to you conditioned upon your acceptance of all Terms, conditions, policies and notices stated here. By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or city of residence, or that you are the age of majority in your state or city of residence, and you have given us your consent to allow any of your minor dependents to use this Platform.

We reserve the right to restrict providing our Service at any time, for any lawful reason, and without notice, at its sole discretion. We also reserve the right to withdraw or amend the Platform, and any Service or material provided on the Platform, or update, change or replace any part of these Terms, at any time, for any reason, and without notice, at its sole discretion. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  • This Platform contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction, in any form or manner, is prohibited other than in accordance with the copyright notice, which forms part of these Terms. Unauthorized use of this Platform may give rise to a claim for damages and/or be a criminal offense. From time to time, this Platform may also include links to third party websites. These links are provided for your convenience to provide further information. They do not signify that we endorse these website(s). We have no responsibility for the content of the linked third-party website(s). Certain content, Products and services available via our Service may include materials from third parties. Third-party links on this Platform may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. You acknowledge and agree that the use of any linked site is governed by such third party’s terms of use, license agreement, privacy policy, and / or any other agreement specified in such linked site. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, con-tent, or any other transactions made in connection with any third-party websites. Please re-view carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. This Platform and all contents herein are provided on an ‘AS-IS’ basis, without warranties of any kind, either express or implied, including without limitation, warranties of title or implied warranties of merchantability or fitness for a particular purpose.
  • You acknowledge that your use of the Platform is at your sole risk, you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of abCoffee’s Platform, and that abCoffee shall not be liable for any damages of any kind related to your use of this Platform.
  • The content of the pages of this Platform is for your general information and use only. It is subject to change without notice.
  • Unauthorised use of this Platform may give rise to a claim for damages and/or be a criminal offence.
  • Your use of this Platform and any dispute arising out of such use of the Platform is subject to the applicable laws.
1. Use of Platform:

When you use the Platform or our Services, you agree to use the Platform and our Services only for purposes that are permitted by these Terms and any applicable law, regulation, circulars or guidelines. In addition, you agree that you are solely responsible for any breach of your obligations under these Terms, and for the consequences (including any loss or damage which abCoffee may suffer) of any such breach.

You, either on your own or on behalf of any third-party, agree not to:

  • Access or attempt to access our Services and content other than through our Platform, unless you have specifically been permitted to do so in a separate written agreement signed by an authorized representative of abCoffee
  • Access or attempt to access the Platform, or any portion thereof, through any automated means, including but not limited to the use of scripts or web crawlers;
  • Engage in any activity that disrupts or otherwise interferes with the Platform (or the servers and networks which are connected to the Platform), or our Services;
  • Scrape, duplicate, reproduce, copy, republish, license, sell, trade or resell the Platform for any purpose; use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
  • Divert or attempt to divert abCoffee customers to another Platform, mobile application, or service;
  • Send unsolicited or unauthorized emails on behalf of abCoffee, including promotions and/or advertising of products or Services;
  • Restrict or inhibit any other person from using the Platform or our Services;
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Platform;
  • Transmit any worms or viruses or any code of a destructive nature through the use of this Platform;
  • Attempt to do anything, or encourage, assist, or allow any third-party to do anything in violation of these Terms of Service;
  • Use a false email address, impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Platform or our Services;
  • Use our Products for any illegal or unauthorized purpose or violate any applicable laws or regulations in your use of our Products or Services;
  • You agree that you will not host, display, upload, modify, publish, transmit, store, update or share any information with us that:
  • belongs to another person and to which you do not have any right;
  • is obscene, pornographic, paedophilic, invasive of another's privacy including bodily privacy, insulting or harassing on the basis of gender, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or an online game that causes user harm, or promoting enmity between different groups on the grounds of religion or caste with the intent to incite violence;
  • is harmful to children;
  • infringes any patent, trademark, privacy, copyright or other proprietary rights of a third party;
  • comments will not contain libelous or otherwise unlawful, abusive or obscene material
  • deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any misinformation or information that is patently false and untrue or misleading in nature or, in respect of any business of the Central Government, is identified as fake or false or misleading by such fact check unit of the Central Government as the Ministry of Electronics and Information Technology may, by notification publish in the circulars or notices or Official Gazette;
  • impersonates another person;
  • 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 other nation;
  • contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of our Services and/ or Platform;
  • is in the nature of an online game that is not verified as a permissible online game;
  • is in the nature of advertisement or surrogate advertisement or promotion of an online game that is not a permissible online game, or of any online gaming intermediary offering such an online game, and;
  • violates any law for the time being in force.

TO THE EXTENT PERMITTED BY LAW, ABCOFFEE WILL NOT BE LIABLE IF FOR ANY REASON ALL OR ANY PART OF THE WEBSITE IS UNAVAILABLE AT ANY TIME OR FOR ANY PERIOD.

FROM TIME TO TIME, WE MAY RESTRICT ACCESS TO SOME PARTS OF THE WEB-SITE, OR THE WEBSITE ENTIRELY, TO USERS, INCLUDING REGISTERED USERS.

2. Registration:

You may choose to create a unique account on the Platform, which includes assigning a sign-in name, unique password, and providing additional contact information. You agree and undertake to provide true, accurate, current, and complete information to us at all times. Each sign-in name and corresponding password can be used by only one registered user. You are solely responsible for the confidentiality and use of your log-in credentials, as well as for any use, misuse, or communications entered through the Platform using one or more of them. You will promptly inform us of any need to deactivate your account or make any changes thereof. We reserve the right to delete, restrict, suspend or terminate your account at any time and for any reason. abCoffee will not be liable for any loss of data or damage caused by any unauthorized use of your account.

3. Accuracy, Completeness and Timeliness of Information:

We are not responsible if information made available on this Platform is not accurate, complete or current. The material on this Platform is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

  • This Platform may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Platform at any time, but we have no obligation to update any information on our Platform. You agree that it is your responsibility to monitor changes to our site.
4. Orders:
  • For the purpose of these Terms, “Products” includes all products available on the Platform for sale by us. It is hereby clarified that the Product inventory published on our mobile application may differ to the one available on our website.
  • You may place an order on the Platform by adding the Products to your cart. You are free to add or remove items from the cart.
  • Once the items are placed in the cart and if you are not a registered user already, you will be required to share details such as your full name, address with pincode, phone number, email address and proceed to make payment for the order with the payment options available on our Platform.
  • Once payment is made, you will receive order confirmation details and an invoice on the registered email address confirming that the order has been placed. You will then receive order dispatch information on your email when the order is packed and ready to dispatch. This email will contain order tracking details.
  • You acknowledge that abCoffee may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason. In addition, abCoffee may cancel your order and limit order quantity. In this case where your order is declined, cancelled or limited by us, we will notify you by appropriate means and you will not be charged. If, however, your order is limited or cancelled after your bank account has been charged for the purchase, requisite refund will be initiated.
  • We reserve the right to display and offer different products on our website and mobile application. We are not obligated to notify you of any such differences.
5. Products or Services:
  • Certain Products or Services may be available exclusively online through the Platform as these may be available in limited quantity and are subject to return or exchange only according to our Return Policy. We reserve the right to limit the quantities of any Products or Services. All descriptions of Products or Product pricing are subject to change, at anytime, without notice, and at our sole discretion. We reserve the right to discontinue any Product at any time.
  • We have made every effort to display as accurately as possible the colors and images of our Products that appear on the Platform. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction, at our sole discretion, without any notice or reason.  We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
6. Payment:
  • To place an order with abCoffee, you must provide us with the correct full name, email, shipping address, phone number and payment information. You represent and warrant that the information provided by you to abCoffee is accurate and complete and you are authorized to use such payment methods for the purchase. The following payment methods are currently available on our Platform:
    - Debit Card
    - Credit Card
    - UPI
    - Net-Banking
    - Wallets
  • Please direct your queries regarding delayed refunds, chargebacks, payment failures and double debits to your payment service providers.
  • We reserve the right to refuse any order you place with us. We may, at our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided to us at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
  • You agree to provide current, complete and accurate purchase and account information for all purchases made at our stores or this Platform. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
7. Shipping, Cancellation & Return and Refund:

Shipping: We will process shipping as per our Shipping Policy.

Cancellation: We will process cancellation as per our Cancellation Policy.

Return and Refund: We will process refund and return requests as per our Refunds and Return Policy.

8. Optional Tools:

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

  • You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
  • Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
  • We may also, in the future, offer new Services, Products and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms, as amended from time to time.  
9. Subscriptions:
  • You may purchase our subscription cards from the abCoffee Platform, Specifically from the abCoffee Application. These subscription cards allow you to get top ups of a certain amount which has different validity slabs through which you can purchase a selected Products and avail other benefits, subject to the terms and conditions specific to each subscription card. We may introduce or retract the subscription cards at our own discretion, without prior intimation. The subscription cards may be subject to additional terms and conditions, and you agree to be bound by such additional terms and conditions, as updated from time to time. It is hereby clarified that not all Products offered for sale on the Platform may be available for sale under a subscription card. Check out Subscriptions to know more.
10. General and Personal Information:
  • General:
  • None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and abCoffee and you shall have no authority to bind us in any manner whatsoever nor shall we have any authority to bind you in any manner whatsoever. All the Services provided by us shall be as independent contractor and on a principal-to-principal basis.
  • Further, we reserve the right to refuse service to anyone for any reason at any time.
  • You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
  • Personal Information:
  • We collect, store, process and use your information in accordance with our Privacy Policy. By using the Platform and/ or by providing your information, you consent to the collection and use of the information you disclose on our Platform in accordance with the Privacy Policy.
11. Errors, Inaccuracies and Omissions:
  • Occasionally there may be information on our Platform or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
  • We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
12. Prohibited Uses:
  • In addition to other prohibitions as set forth in the Terms, you are prohibited from using the Platform or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, domestic or state regulations, rules, laws, guidelines or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
12. Limitation of Liability:
  • In no event shall abCoffee or its affiliates and sub-contractors be liable for any indirect, incidental, special, consequential, punitive or exemplary damages, including but not limited to, damages for loss of profits, revenue, goodwill, use, data or other intangible losses whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
  • In addition to any limitation of liability and various disclaimers provided elsewhere in these Terms, abCoffee's entire liability and your sole and exclusive remedy in any circumstance is limited to the following:  
  • If you are a buyer: abCoffee's entire liability and your sole and exclusive remedy in any circumstance is limited to exercise its reasonable efforts to enable to you get the refund of the product purchased on the Platform and will in no case exceed the price / amounts paid for by you to purchase the products.
13. Indemnity:
  • You shall fully indemnify, keep indemnified, defend, and hold harmless abCoffee and its shareholders, subsidiaries, affiliates, third-parties and their respective shareholders, officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or arising out of your breach of these Terms or any rules and policies contained herein, or your violation of any law, rules or regulations or the rights of a third party or applicable law.
14. Severability:
  • If any clause of these Terms shall be deemed invalid, void or for any reason unenforceable, such clause shall be deemed severable and shall not affect the validity and enforceability of the remaining clauses of these Terms and such determination shall not affect the validity and enforceability of any other remaining provisions. These Terms sets forth the entire understanding and agreement between you and abCoffee with respect to the subject matter hereof
15. Termination:
  • Your obligations and liabilities prior to the termination date shall survive the termination of this agreement for all purposes.
  • By accepting these Terms and/or by utilising the Platform, you agree to enter into a legally binding agreement between yourself and the Company. We may terminate your agreement with us at any time upon a violation or breach of these Terms, or any part thereof.
  • If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
16. 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 and any policies or operating rules posted by us on this Platform or in respect to The Service, including but not limited to the Privacy Policy, Refund Policy, Exchange Policy and Cancelation Policy, constitute the entire agreement and understanding between you and us and govern your use of the Platform, 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 shall not be construed against the drafting party
17. Governing Law and Arbitration:
  • Governing Law: These Terms and all the rules and policies contained herein and any of your usage of Platform and your dealings with abCoffee shall be governed and construed in accordance with the laws of India and will be subject to the jurisdiction of the courts in Mumbai.
  • Arbitration: If any dispute arises between you and abCoffee during your use of the Platform or your dealing with the abCoffee in relation to any activity on the Platform, in connection with the validity, interpretation, implementation or alleged breach of any provision of the Terms and all the rules and policies contained herein, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified by abCoffee. The Arbitration & Conciliation Act, 1996, shall govern the arbitration proceedings. The arbitration proceedings shall be in the English language. The place of arbitration shall be Mumbai.
18. Grievance Redressal Mechanism:

If you have any questions or feedback you may write to us at [email protected]  

In accordance with the Consumer Protection (E-Commerce) Rules, 2020, please find the details of our grievance officer below: