I. Introduction
The website www.bellevie.life (the “Website”), the BelleVie mobile application (the “App”) and the dashboard (the “Dashboard”), collectively the “Platform”, are operated and managed by DigiRealty Technologies Private Limited (“we”, “our”, “us” or “DigiRealty”). By continuing to browse and use the Platform for the services and products offered and supplied through it, and to transact for those products and services (collectively, the “Services”), you agree to comply with and be bound by these terms and conditions of use, which, together with our Privacy Policy, govern DigiRealty’s relationship with you in relation to your use of the Platform.
These Terms apply to:
- those who intend to make a purchase or have placed an order through the Platform (“Buyers”); and
- those who intend to offer, or are offering, products for sale to Buyers through the Platform (“Sellers”).
Buyers and Sellers are collectively referred to as “Users”. “You” or “your” refers to the User, Buyer, Seller or viewer of the Platform.
These Terms take effect from the date on which you first use the Platform. If you do not wish to be bound by them, you should not continue to use or access the Platform or any associated services. Your use of the Platform constitutes deemed acceptance of these Terms and the associated policies referred to here, including any modifications. These Terms are available in English only.
II. About the App
The App is a one-stop online platform where you can access, browse, sell, demonstrate, purchase and download products and services, or facilitate any of these. The App also provides society-related features such as digital ID, gate pass, and event and amenity booking, among others. The App includes any updates, upgrades and other changes or versions that you later use or download from us. Services are provided and licensed to the Buyer by the Seller. From time to time we may offer cashback in the App, and we may modify or discontinue any such promotion at any time without notice.
III. Terms of usage
Use of the Platform is subject to the following terms:
- The content of the pages of the Platform is for your general information and use only.
- The Platform uses cookies to monitor browsing preferences. If you allow cookies to be used, some personal information may be stored by us for use by third parties. Please refer to our Privacy Policy for details.
- Neither we nor any third party provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on the Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors, and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
- Your use of any information or materials on the Platform is entirely at your own risk, for which we shall not be liable. It is your responsibility to ensure that any products, services or information available through the Platform meet your specific requirements.
- The Platform contains material that is owned by or licensed to us, including but not limited to its design, content, layout, look, appearance and graphics (“Platform Content”). Reproduction of Platform Content is prohibited other than in accordance with the copyright notice, which forms part of these Terms. Most of the material on the Platform is protected by copyright. You agree that you will not (a) copy, reproduce, download, republish, sell, distribute or resell any Services or Platform Content; or (b) copy, reproduce, download, compile or otherwise use any Platform Content to operate a business that competes with DigiRealty, or otherwise commercially exploit the Platform Content.
- Users must register on the Platform to access and use the Services. Buyers residing in societies that use the Platform are registered automatically. We reserve the right, without prior notice, to restrict access to or use of certain Services, or features within them, subject to any other conditions we may impose at our discretion.
- Unauthorised use of the Platform may give rise to a claim for damages and/or be a criminal offence.
- You agree to indemnify DigiRealty, its directors, employees, agents and representatives, and to hold them harmless from any and all damages, losses, claims and liabilities (including legal costs on a full indemnity basis) that may arise from or in connection with: (i) your submission, posting or display of any User content; (ii) your use of the Platform or the Services; (iii) your breach of these Terms or of any applicable law, including tax laws; (iv) any service you avail from a third-party service provider; (v) any dispute between Users; and/or (vi) your negligence or wilful misconduct.
IV. Contract
By registering for, accessing or using the Services, you agree to enter into a legally binding contract with DigiRealty, even if you are using the Services on behalf of a company (the “Contract”).
V. Eligibility to use
The Services are not available to minors (persons under the age of 18), undischarged insolvents, or Users who are not competent to contract under the Indian Contract Act, 1872, unless otherwise provided in these Terms. You represent that you are (i) of legal age to form a binding contract; (ii) not barred from receiving the Services under applicable law; (iii) competent to enter into a binding contract; and (iv) that you will hold only one Account (defined below), in your real name. Creating an Account with false information is a violation of these Terms. If you are under the age of 18, you shall use and access the Services only with the express consent, and under the supervision, of a parent or guardian.
VI. User account, password and security
- To access, avail and/or sell the Services, or facilitate use of the Platform for those Services, you must register and create an account on the Platform by providing the details set out in the Privacy Policy (an “Account”).
- You are solely responsible for the information you provide to us, and shall ensure that your Account information is complete, accurate and up to date. If any of it changes, or is found to be incomplete or incorrect, you shall promptly notify DigiRealty so that your Account can be updated. If the information you provide is, or becomes, untrue, inaccurate, unauthorised, out of date or incomplete, or if DigiRealty has reasonable grounds to suspect so, DigiRealty reserves the right to refuse any and all Services. DigiRealty also reserves the right to refuse access to the Services at any time, without notice, if you fail to abide by these Terms or to comply with applicable law.
- You are responsible for the confidentiality of your Account information and for all activity that takes place on your Account. You agree to notify DigiRealty immediately of any unauthorised access to your Account. You may be held liable for losses caused by unauthorised use of your Account resulting from your failure to keep your Account information secure and confidential.
VII. Changes to the Services
DigiRealty continually innovates to provide the best possible experience for its Users and may modify the terms of the Contract at its sole discretion. Updated terms will be displayed on the Website, and by continuing to use the Services and access the Website after such changes, you agree to be bound by them. It is your responsibility to check these Terms from time to time. If you object to any change, you may write to DigiRealty asking for your Account to be deleted, and DigiRealty will do so within a reasonable time of receiving your request.
VIII. Payment information
- The payment methods accepted on the Platform will be displayed during the purchase process.
- To the extent permitted by applicable law and subject to the Privacy Policy, the Buyer acknowledges and agrees that DigiRealty, the Seller or certain third-party service providers, including payment gateways, may process payments and manage payment card information.
- To avail, access and/or sell the Services, you undertake to provide valid bank or other details required to facilitate payment for the Services (“Payment Details”). By providing Payment Details, you represent, warrant and covenant that: (a) you are legally authorised to provide them; (b) you are legally authorised to make payments using them; (c) doing so does not violate the terms applicable to your use of those Payment Details or any applicable law; (d) you are solely responsible for the transactions and payments made for the Services you avail; and (e) you agree to comply with any guidelines, instructions or requests made by us or by a payment system provider from time to time in relation to payments on the Platform. DigiRealty may, at its sole discretion, allow you to add, delete and edit your Payment Details on the Platform.
- Except where applicable law requires otherwise, DigiRealty is not liable for any payment authorised through the Platform using your Payment Details. In particular, DigiRealty is not liable to the Buyer for any payment that cannot be completed because (a) the Buyer’s bank account or payment wallet does not contain sufficient funds; (b) the Buyer has not provided correct Payment Details; or (c) the Buyer’s payment card has expired. DigiRealty shall also not be liable for failed payments where circumstances beyond its reasonable control (such as power outages, interruption of cellular service or other external interference) prevent the transaction from being executed.
- DigiRealty shall not be responsible for any unauthorised transaction conducted on the Platform using your Payment Details, and shall not be obliged to refund any money to you in such cases.
- DigiRealty has no obligation, responsibility or liability to verify any transaction authorised by you.
- The payment facility provided by DigiRealty or a third-party vendor is neither a banking nor a financial service. It is merely a facility providing an automated online electronic payment system, and receipt of payment on delivery, for transactions on the Platform using existing authorised banking infrastructure and card payment gateway networks, as applicable. For some payment methods, your issuer may charge fees, such as transaction fees, relating to the processing of your transaction.
- Buyers who are not resident in India (whether as owners or tenants of any real estate) agree and acknowledge that they have opened an Indian Rupee (“INR”) account with a bank in India and could otherwise have made payment to Sellers from that account.
IX. Price of Services
- The prices of the Services may vary for various reasons, and the Buyer may check the price on the Platform before placing an order. By placing an order, the Buyer agrees to pay the price stated. All products listed on the Platform are sold in Indian Rupees, either at the Maximum Retail Price (MRP, inclusive of all taxes) or at a discounted price, unless otherwise specified. Prices may change from time to time. If you notice an error in the price or other information about a Service, please bring it to our notice and we will make the necessary correction.
- Prices on the Platform, including any packaging or handling charges, are determined solely by the Seller and listed on the basis of the Seller’s information; DigiRealty has no say in determining them. DigiRealty does not provide a banking or financial service, but merely facilitates electronic payment, receipt of payment on delivery, and collection and remittance for transactions on the Platform. In providing this facility, DigiRealty does not act as a trustee or in a fiduciary capacity in respect of any transaction or transaction price.
- Buyers will be informed of all charges, fees and costs (including delivery fees) applicable to the Services at the checkout page during a transaction. DigiRealty may, from time to time and at its sole discretion, offer promotional discounts on Services provided on the Platform.
- DigiRealty may, at its sole discretion, charge a convenience fee for facilitating a transaction between the Seller and the Buyer through the payment gateway.
X. Wallet, cashback and rewards
- DigiRealty provides a wallet facility as one of the payment options available to Users (the “Payment Wallet”), which can be used to avail Services on the Platform. Your use of the Payment Wallet is subject to any geographical and other usage restrictions that may apply from time to time, and to any additional terms and conditions.
- After a transaction is successfully completed, DigiRealty may, at its sole discretion, credit cashback to the Payment Wallet in the form of BelleVie coins. One (1) coin is equivalent to one (1) INR and may be redeemed against future Services on the Platform. Conversion is at the sole discretion of DigiRealty, which may change the conversion percentage without notice.
- The Buyer agrees and acknowledges that, for the purpose of such cashback, the Buyer’s details will be shared with payment gateways during checkout to provide a seamless experience, and consents to DigiRealty sharing the necessary information with those payment gateways.
XI. Badges
DigiRealty assigns badges (“Badges”) to Sellers registered on the Platform by evaluating their performance against other Sellers in the same category on metrics such as sales volume, pricing, response time, service quality and popularity. Badges help Sellers identify their strengths and weaknesses and make improvements. Badge assignment is ongoing and regularly updated to reflect the latest data. DigiRealty offers the following Badges:
- BestSeller, assigned on the basis of: (i) the Seller’s sales volume in the three months immediately before assignment; and/or (ii) Buyer reviews, including positive feedback, high ratings and low return rates, in the three months immediately before assignment; and/or (iii) the repeat purchase rate of the Seller’s Services; and/or (iv) the range and variety of Services offered by the Seller in its category; and/or (v) quick and hassle-free returns or replacements provided by the Seller.
- New, assigned if: (i) the Seller joined the Platform within six months before assignment; or (ii) the Seller has added a new Service to its existing range; or (iii) the Seller has entered a geography in which it was not previously present.
- BelleVie’s Choice, assigned on the basis of: (i) the Seller being one of the top brands with a market valuation of more than USD 25 million; and/or (ii) positive online reviews across marketplaces including, but not limited to, Amazon, Flipkart and Google reviews, or in comparison with top solution providers in the same category; and/or (iii) the Seller being one of the best for requests generated on the Platform; and/or (iv) promotional deals and discounts offered by the Seller on the Platform.
- Trending, assigned on the basis of: (i) a surge in Buyer searches or clicks on the Seller’s Services on the Platform over a period of at least one week before assignment; and/or (ii) a surge in social media mentions and engagement; and/or (iii) a surge in seasonal demand during festivals, public holidays or at other times of the week or year.
The views expressed in this section represent the Company’s perspective and understanding of the facts, based on market research conducted to the best of its knowledge and effort. They are subject to change, and the Company does not guarantee the accuracy, adequacy or completeness of any information obtained through such research. Sellers and Buyers agree that individual opinions may vary and are open to interpretation.
Badges are provided to Sellers only as a convenience. A Badge does not imply the Company’s endorsement of the Seller or any guarantee of the Services it offers. Buyers should verify all information independently before using any Service. The Company bears no liability for any reliance by Buyers on these indicative Badges regarding the quality of a Seller’s Services.
XII. Other content
- DigiRealty does not pre-screen, and is under no obligation to pre-screen, any content or information posted, published or transmitted on the Platform by Users. However, DigiRealty may, at its sole discretion or on notification by a third party, determine that content posted by a User violates these Terms or applicable law, and may remove it without prior notice to the User. Such action does not in any manner negate or dilute DigiRealty’s position as an intermediary, or impose any liability on DigiRealty for content posted, published or transmitted by Users on the Platform.
- The Platform may from time to time include links to other websites, provided for your convenience and further information. DigiRealty may have no control over websites or resources provided by Sellers, third-party vendors or persons other than DigiRealty.
- You acknowledge and agree that DigiRealty is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from them.
- You acknowledge and agree that DigiRealty is not liable for any loss or damage you may incur as a result of the availability of such external sites or resources, or of any reliance you place on the completeness, accuracy or existence of any advertising, products or other materials on or available from them.
XIII. Privacy and personal information
- For information about DigiRealty’s data protection practices, please read our Privacy Policy, which explains how DigiRealty treats your personal information and protects your privacy when you use the Services.
- You agree to the use of your data in accordance with DigiRealty’s Privacy Policy.
XIV. Other restrictions applicable to Users
- You will not engage in any activity that interferes with or disrupts the Services, or the servers and networks connected to them.
- You shall not make any defamatory or denigrating statement about DigiRealty or its brand, or otherwise act in any manner that might tarnish the reputation or standing of DigiRealty or of other Users, or tarnish or dilute any of DigiRealty’s trademarks, service marks, trading name or associated goodwill.
- Unless expressly permitted, you shall not probe, scan or test the vulnerability of the Platform or any network connected to it, or breach its security or authentication measures. You shall not reverse look-up, trace or seek to trace any information about any other User of or visitor to the Platform, or exploit the Platform or any Service or information made available through it, where the purpose is to reveal any information, including personal identification or information, other than your own, as provided for by the Platform.
XV. Limitation of liability
- Where you avail Services through the Platform that are supported and/or provided by a party other than DigiRealty, your contracting entity for those Services is that third party. DigiRealty disclaims all liability for any claims arising from your use of Services provided by such third parties.
- We shall not be liable to you for any failure or delay in providing the Services, for any temporary disablement or permanent discontinuance of the Services, or for any consequences of such actions, for reasons beyond our reasonable control.
- You agree and acknowledge that the Services are provided on an “as is” and “as available” basis and may be interrupted while you are browsing, transacting, using or uploading information on the Platform.
- DigiRealty may give you access to content, products or services offered by third parties through hyperlinks (in the form of word links, banners, channels or otherwise), APIs or other means. Please read the terms and conditions and/or privacy policies of such third parties before using the Platform in respect of their content, products or services. DigiRealty has no control over third-party websites and shall not be responsible or liable to anyone for them, or for any content, products or services made available on them.
- The Buyer acknowledges that it is solely responsible for the transactions and payments made to the Seller for the Services it avails, and that DigiRealty acts merely as an intermediary and takes no responsibility for the legality of any payment transaction between Seller and Buyer. DigiRealty has no obligation, responsibility or liability to verify any transaction authenticated and/or authorised by the Buyer, or its payment instructions, or to resolve any dispute of any nature between Buyer and Seller. DigiRealty shall in no way be held accountable for any failure or lapse in payment by the Buyer to the Seller for reasons not attributable to DigiRealty.
- To the maximum extent permitted by law, DigiRealty makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the Platform; does not represent or warrant that the manufacture, import, export, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the Platform does not violate any third-party rights; and makes no representations or warranties of any kind concerning any product or service offered or displayed on the Platform.
- Under no circumstances will DigiRealty be liable for any consequential, incidental, special, exemplary or punitive damages, including but not limited to lost profits, resulting from any Services you avail, even if DigiRealty has been advised of the possibility of such damages.
XVI. Transactions between Buyer and Seller
- DigiRealty is merely a facilitator and intermediary between Buyer and Seller. It is not, and cannot be, a party to, nor does it control in any manner, any advertisement, exhibition, offer to sell or transaction of sale or purchase on the Platform.
- When a Seller lists a Service on the Platform, the Buyer agrees that DigiRealty cannot and does not confirm the Seller’s purported identity. DigiRealty encourages Buyers to exercise discretion and caution when dealing with Sellers. Buyers and Sellers each undertake to use the Platform and the Services only for lawful purposes.
- DigiRealty does not represent either the Seller or the Buyer in any specific transaction. DigiRealty does not control, and is not liable or responsible for, the quality, safety, suitability, lawfulness or availability of products or services offered for sale on the Platform, or the ability of the Seller to complete a sale or of the Buyer to complete a purchase. DigiRealty does not implicitly or explicitly support or endorse the sale or purchase of any Service on the Platform. No right, title or interest in the Services sold through or displayed on the Platform shall at any time vest in DigiRealty, nor shall DigiRealty have any obligation or liability in respect of any transaction on the Platform.
- The details and prices of Services on the Platform are based on information provided by Sellers. DigiRealty is not responsible for any change to, cancellation of or unavailability of any Service.
- The intellectual property rights in the Services provided by the Seller vest solely in the Seller. The Seller shall ensure that it holds all requisite rights, permits, authorisations, title and/or interest in the product, shall at all times remain fully liable and responsible for the performance of the Services, and agrees to indemnify, defend and hold DigiRealty harmless from any third-party claims arising from or in connection with such intellectual property.
- If any User has a dispute with any party to a transaction, that User agrees to release and indemnify DigiRealty (and our agents, affiliates, directors, officers and employees) from all claims, demands, actions, proceedings, costs, expenses and damages (including, without limitation, any actual, special, incidental or consequential damages) arising out of or in connection with that transaction.
- DigiRealty shall not be liable or responsible for any act or omission of the Buyer or the Seller, or for any breach of conditions, representations or warranties relating to the products, and expressly disclaims all responsibility and liability in that regard. DigiRealty has no obligation to mediate or resolve any dispute or disagreement with any Seller rendering Services to the Buyer.
- The Seller is solely responsible for obtaining all third-party licences and permissions required under applicable law for the right and authority to sell, trade, distribute, export or offer the Services, and for ensuring that doing so does not violate any applicable law.
- The Seller shall not sell any prohibited products. If it does, DigiRealty may block all such products and suspend the Seller from using the Platform for any purpose.
- The User agrees and acknowledges that product images are representations only and not actual images of the product sold. While every reasonable effort is made to keep information on the Platform accurate, actual product packaging may contain more or different information than is shown. Please refer to the information on the actual product packaging.
- The Seller shall ensure that it, and all personnel engaged in rendering the Services, maintain strict confidentiality of customer data and other information shared with them, and maintain the highest and most robust security standards to prevent any breach or leakage of customer data or confidential information.
- At no point during a transaction between Buyer and Seller on the Platform does DigiRealty come into or take possession of any product or service offered by the Seller, nor does it gain title to, or any rights or claims over, those products or services.
XVII. Additional terms for pharmacy services
- To purchase drugs and pharmaceutical products that require a valid prescription, the Buyer must share a scanned copy of the valid prescription with the Seller.
- The Seller and/or third-party pharmacies will verify the prescription. If any discrepancy is found, the Seller will cancel the order immediately.
- The Buyer must make the original prescription available at the time of delivery and allow the delivery agent to stamp it, failing which the medicines may not be delivered.
XVIII. Force majeure
Under no circumstances shall DigiRealty be liable for any loss, delay, failure or disruption of the content or services delivered through the Platform resulting directly or indirectly from acts of nature, forces or causes beyond our reasonable control, including, without limitation, internet failures; computer, telecommunications or other equipment failures; electrical power failures; strikes; labour disputes; riots; insurrections; civil disturbances; shortages of labour or materials; fires; floods; storms; explosions; acts of God; war; governmental actions; epidemics; pandemics; curfews; lockdowns; orders of domestic or foreign courts or tribunals; or non-performance by Sellers or Buyers.
XIX. Communication
- You expressly agree to receive communications by SMS, telephone calls, messaging apps such as WhatsApp on your registered mobile number, and/or electronic communications such as email, from DigiRealty and from third parties duly authorised by DigiRealty. You expressly consent to DigiRealty monitoring and recording any and all communications between you and DigiRealty, its third-party vendors or their agents, employees, consultants, contractors or representatives, or those of its authorised partners, and such monitoring or recording waives any further notice or consent requirement under applicable law.
- You may unsubscribe or opt out of communications from DigiRealty by notifying DigiRealty in writing. DigiRealty will then send only those communications required for you to avail the Services.
XX. Notices
- All legal notices or demands to or upon DigiRealty shall be made in writing and delivered personally, by courier, by certified mail or by facsimile to:
DigiRealty Technologies Private Limited
Notices are effective when received by DigiRealty by any of these means.
Lodha Excelus, 10th Floor, N M Joshi Marg
Apollo Mills Compound, Lower Parel
Mumbai 400011
Attention: Sanjyot Rangnekar - All legal notices or demands to or upon you are effective if delivered personally; sent by courier, certified mail, facsimile or email to the last correspondence, fax or email address you provided to DigiRealty; sent by SMS, WhatsApp message or in-app notification; posted on a publicly accessible area of the Platform without charge; or sent by any other means DigiRealty deems fit at its discretion. Notice to a User is deemed received when DigiRealty is able to demonstrate that the communication, in physical or electronic form, has been sent.
XXI. Grievance redressal
- You are welcome to contact our Grievance Officer with any grievance or feedback about the Platform or the Services, including any abuse on the Platform or any discrepancy or grievance relating to the processing of information:
Grievance Officer: Megha Khandelwal
Email: support@lodhagroup.com
Working days: Monday to Friday, excluding national and state holidays
Working hours: 09:30 to 18:30 - We will strive to address your feedback and concerns in a timely and effective manner. The details of the Grievance Officer may be changed by us from time to time.
- You agree not to undertake any action that may undermine the integrity of DigiRealty’s grievance redressal and feedback system.