Terms & Conditions for (Market Place)

Terms and Conditions
  1. True Balance Terms of Use:

This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under as applicable and the amended pertaining to the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of True Balance App and True Balance marketplace platform (hereinafter referred to as " True Balance/App ").This electronic record is generated by a computer system and does not require any signatures on this document.

Your use of the App and services and/or tools provisioned thereunder are governed by the these terms and conditions ( "Terms of Use" ) and if you transact on the App, You shall be subject to the policies available on the App at the time of transaction. Our Shopping App “True Balance” is duly licensed being operated by Balancehero India Private Limited (referred to “True Balance”) having its registered office at Office No-121, 2nd floor, Sector-44 Gurugram HR 122002, India. True Balance reserve the right to make any departure from, variation of, addition to, or omission from these terms and conditions without any prior notice or consent of User.

For the purpose of these Terms of Use, wherever the context so requires "You", "User", or “Customer” shall mean any natural or legal person who agree to become a Customer on the App by providing Registration Data using the computer systems. The term "We", "Us", or "Our" shall mean True Balance. The term “Seller” means any authorized person, desirous of using the App “True Balance” as a platform to offer, advertise and sell the Products to the Customer.

  1. User’s eligibility to become True Balance member:

Customer who are competent to contract within the meaning of the Indian Contract Act, 1872 are eligible to use the App. User under the age of 18 years shall not register as a User of the App. If you, as a minor, wish to use or transact on App, such use or transaction may be made by your legal guardian or parents on the App. True balance reserves the right to terminate your membership or refuse to provide you with access to the App if it is brought to True Balance’s notice that you are incompetent to contract within the meaning of aforementioned Act.

  1. User Registration Obligations:

You shall be responsible for maintaining the confidential credentials of your Display Name and Password including providing any information (i.e. latest Mobile no., email ID etc.) on the App. You agree to update the App with your current and correct information required and enabling you to transact on the App. We shall have the right to suspend or terminate or block access of your membership on the App and refuse to provide you with access to the App, should the information so provided is untrue, inaccurate or not in accordance with the this Terms of Use. You agree and consent to receive communications via electronic mode from Us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

  1. User Registration Obligations:
  1. You agree and undertake that App shall be used only for legitimate purpose pertaining to the transaction. You agree to refrain yourself from posting and uploading illicit messages or material and will not defame, abuse, harass, threaten or otherwise violate the legal rights of others and upload, distribute or disseminate any inappropriate, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
    True Balance does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of any commercial/contractual terms between the Customers and Sellers. All discount offers are by the Seller, the Brand owner, or the Product owner and not by True Balance. Any such discount offer, irrespective of the forms, is not refundable.
  2. Placement of order by a Customer to the Seller on the App is an offer to buy the product(s) in the order by the Customer to the Seller and it shall not be construed as Seller's acceptance of Customer's offer to buy the product(s) ordered. The Seller retains the right to cancel any such order placed by the Customer, at its sole discretion and the Customer shall be intimated of the same by way of an email/SMS.
  3. Any transaction price paid by Customer in case of such cancellation by the Seller, shall be refunded to the Customer. Further, the Seller may cancel an order wherein the quantities exceed the typical individual consumption.
  4. True Balance App operates as a marketplace and merely provides an online platform to various Sellers to advertise, display, make available and sell various Products (including services ancillary to the products and services), vouchers, and services to Customers.
  5. True Balance is not responsible for any non-performance or breach of any contract entered into between Customers and Sellers. True Balance does not guarantee that the concerned Customers and/or Sellers will perform any transaction concluded on the App.
  6. True Balance is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Seller and the Customer and shall not hold any right, title or interest over the products nor shall True Balance have any obligations or liabilities in respect of such products sold at App.
  7. True Balance does not make any representation or warranty as to the product-specifics such as legal title, creditworthiness, identity, etc of any of its Seller. You are advised to independently verify the bona fides of any particular that You choose to deal with on the App and use your best judgment in that behalf.
  1. Replacement:
  1. Replacement is the process of replacing one product in place of another. A Customer can request for replacement whenever he is not happy with the product delivered for any reason mentioned hereunder:
  1. Delivered product or package was damaged; or
  2. Wrong product (with different SKU) has been delivered; or
  3. Ordered product(s) were missing
  1. For any other cases described other than in point no. 5.i., including defective product, the Customer will claim replacement at the Manufacturer’s authorized service center.
  2. For cases listed in point no. 5.i., the Customer will claim replacement request to the Seller following the instruction described in point no. 5 .iv. In case the Seller accepts the replacement request, the Customer shall be required to return the product to the Seller. Only after return of the product, the Seller shall be obliged to provide the replacement product to the Customer.
    In case the Seller rejects the replacement request, Customer can choose to raise a dispute by writing to the Grievance Officer in the manner as set out in point no. 12.
  3. To claim replacement, the Customer will email True Balance Customer Service within the replacement period only. Replacement claim submitted after the replacement period will not be entertained.
    For the submitted claim, the Customer may be requested to provide additional information which is necessary for review and the claim will be reviewed only after all the requested information is submitted by the Customer. The necessary information for replacement claim includes, but not limited to:
  1. Order ID
  2. Short description of the case (A few questions will be asked to help us understand the scenario).
  3. The snapshots of the product and the package (If any) (Try to cover the sides which look tampered/damaged as per the Customer)

The claim will be reviewed by True Balance and the Seller, and only the claim which is approved by True Balance and the Seller will be qualified for the replacement.

  1. Once the replacement request is approved, the Customer should return the product to the Seller for the replacement and the pickup will be provided by the Seller. In case the Seller does not offer pickup of the products, then with prior intimation with True Balance Customer Service, the Customer should return the product with the original packaging using any courier service of his/her choice to the Seller subject to reimbursement as follows:
  • For Product weighing less than or equal to 500 gm, Flat Rs. 70 will be refunded
  • For Product weighing above 500 gm, refund will be equal to the amount mentioned on the courier slip subject to a maximum of Rs. 150/kg.

True Balance, as request, will help the Customer to get the Seller’s detail including delivery address. In case of return initiated and subsequently couriered by the Customer himself/herself, and if it is found that the claimed shipment was not delivered to the Seller or the shipment was empty, the onus shall be on the Customer to prove through presentation/submission of Proof of Delivery (PoD) from the concerned logistic service provider to establish his/her claim of return. However, non-receipt of Product by the Seller may lead to no refund/replacement being issued to the Customer. The Customer waives any claims against True Balance in this regard.

  1. Following products shall not be eligible for replacement:
  1. Product damaged due to misuse of product; or
  2. Product without tag/ label; or
  3. Products with tampered or missing serial/UPC numbers
  1. In case of Replacement:
  1. Request for replacement should be initiated by way of email to True Balance Customer Service in the manner as set out in point no. 12 within replacement period which is 48 hours from the completion of delivery.
  2. The tags on the product should be intact.
  3. The product should be in condition of unused, unwashed, and undamaged after delivery.
  4. The product needs to be returned along with the original packaging, without removing any tag or label.
  5. Replacement request not falling within the terms and conditions set out under point no. 5.i. will not be taken into consideration and no replacement would be available.
  6. The Customer may not be entitled for a replacement if he/she falls in any of the scenarios stated below:
  • Customer fails to provide adequate information about the case; or
  • Customer fails to provide snapshots of the product and the package including any other material used for packaging (if any); or
  • If opened package was delivered and Customer accepted to receive it. (In case opened package was delivered, Customer should not accept to receive it and immediately contact the Seller or True Balance) Customer must not dispose the original packaging or 3-4 days post-delivery. We might need to pickup the packaging for investigation at our end.
  1. The User may be considered fraudulent if inter alia any of the following scenarios are met:
  • Customer doesn't reply to the payment verification mail sent by True Balance;
  • Customer fails to provide adequate documents during the payment details verification.
  • Misuse of another User’s phone or email
  • Customer uses invalid phone number or email
  • Customer returns the wrong product
  1. In the event of non-availability of same product, the Customer may request the seller for the replacement with any other similar product subject to availability of such product.
  1. Cancellation of Order
  1. Customer’s cancellation of order: Once the order is placed, the Customer cannot cancel the order. Only replacement can be claimed subject to conditions set out under point no. 5.
  2. True Balance’s right to cancel the placed order(s): To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, True Balance reserves the absolute right to cancel all past, pending and future orders without any liability. The payment will be refunded following point no. 7.
  1. Refund:

The refund could be claimed provided the order has been cancelled by the Seller or True Balance, or the Seller fails to provide replacement of the product within 20 days from the approval of the replacement request.

For electronics payments, refund shall be made through payment facility using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI). Any amount liable to be refunded shall be paid back to your source of payment only. Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with us for processing the refund. We may also request You for additional documents for verification.

  1. Payment:
  1. The Price List for each displayed product on the App represents the full retail price (inclusive of all taxes unless specified otherwise) for said product. You shall pay for such product using one of the payment options available on the App. The Customer shall pay in Indian Currency (i.e. Indian Rupee). The Seller reserve its right to change the prices of the product and the availability of the same at our sole discretion. User will be allowed to buy product using the following forms of payments:
  1. Credit Cards;
  2. Internet Banking;
  3. Debit Cards;
  4. Any other mode of payment, as may be decided and made available on the App.
  1. Payment can be made only in India Rupees and all the above payment instruments must have been issued by entities operating in India and subject to Indian regulations.
  2. Cash on Delivery as a mode of payment is not available for purchasing product on the App currently.
  3. Payment made by credit card or any other mode as mentioned above should be received by us on time. If for any reason we do not receive payment from the credit card issuer or any authorized business partner involved in any of the above payment modes, you agree that you shall pay all amounts due upon demand by us.
  4. Please be advised that True Balance has deployed appropriate controls to safeguard your information and it comply with the applicable Acts and Rules, if any, made there under on data security.
  5. Payment and Account related Information are maintained in secure manner on secure servers.
  6. True Balance does not share your Information with any third party without your consent however, your transaction details may be shared with regulators and LEAs for the purpose of regulatory compliance.
  7. While availing any of the payment method/s available on the App, True Balance will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to You due to lack of authorization for any transaction/s, or exceeding the preset limit mutually agreed by You and between "Bank/s", or Decline of transaction for any other reason/s or any payment issues arising out of the transaction;
  8. Seller may, at the time of delivering your order, request you to provide supporting documents (including but not limited to Govt. issued ID and address proof) to establish the ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to Our Customer;
  9. You have specifically authorized True Balance or its Authorized business partner to collect, process, facilitate and remit payments and / or the Transaction Price electronically to and from other Customer in respect of transactions through Payment Facility. By accepting these Terms of Use you agree that True Balance is an independent contractor for all purpose and does not have control of or liability for the products or services that are listed on True Balance App that are paid for by using the Payment Facility. True Balance does not guarantee the identity of any User nor does it ensure that a Customer or a Seller will complete a transaction;
  1. Indemnity:

User hereby indemnifies, defends and holds harmless the entity owning and operating the App, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents (herein after individually and collectively referred to as "indemnified parties") from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with :

  1. The User’s breach of these Terms; or
  2. Any claims made by any third party due to, or arising out of, or in connection with, the User’s use of the App; or
  3. Any claim that any third party IPR, proprietary information, content or materials provided by the User causes any damage to a third party; or
  4. Violation of any rights of any third party by the User, including any IPR.
  1. Intellectual Property Rights and its restricted use:

All material on True Balance App, including images, illustrations, audio clips, and video clips, are protected under the intellectual property rights. Material on True Balance is solely for Customer’ personal, non-commercial use. User must not reproduce, republish, upload, post such material in any way. Without the prior written consent of the owner, modification of the materials, use of the materials on any other True Balance or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited.

  1. Privacy:

We understand your Personal Information is one of Our most important assets. We seek your personal information for the purpose of enabling you to make transaction at True Balance App. We store and process your Information including any sensitive financial information collected if any, on computers that may be protected by physical as well as reasonable technological security measures and procedures in accordance with the applicable regulatory norms. If You object to Your Information being transferred or used in this way please do not use App.

Personal Information means: name, gender, age, images, contact/ postal address, telephone, email id, nationality and content.

We may share such personal information with our other corporate entities and affiliates with a view to better our services including but not limited to faster communication, benefitting our Customer, providing more lucrative offers benefitting our Customer, to facilitate our marketing and advertising activities, or to prevent, detect, mitigate, and investigate fraudulent or illegal activities related to our Services. These entities and affiliates may market to you as a result of such sharing unless you explicitly opt-out.

We do not disclose your personal information to third parties for their marketing and advertising purposes without your explicit consent.

  1. Contact Us:

Please contact Customer Service or Grievance Officer for any questions concerning replacement of product, refund of money, non-delivery, pilferage, defect in product at are provided below:

Customer Service
Email: cs@balancehero.com
Phone: 0120-4001028
Time: 09:00 - 18:00 (Mon – Sun, excluding national holidays)
The User can also enquire through True Balance App.

Grievance Officer: Ms. Tanvi Arora
Email: terms@balancehero.com

  1. Report Abuse Practice:

In the event the App or any User becomes aware of any objectionable content on the App including but not limited to violation of privacy, misuse of personal information or violation of any IPR, in violation of these Terms then, the App, by itself or upon receipt of a communication from any of its Customer, without any prior notice take down such objectionable content from the App.

For any reporting in respect of the aforesaid, the User should contact True Balance Grievance Officer.

  1. Applicable Law:

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The courts in New Delhi shall have exclusive jurisdiction in respect of any matters arising here from.