The Terms are an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder as applicable. The Terms are (i) published in accordance with the provisions of Rule 3(1)(a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 and (ii) generated by a computer system and does not require any physical, electronic, or digital signatures by the Company.
The Company retains an unconditional right to modify or amend these Terms and shall notify You of the same. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. Your acceptance of the amended Terms shall signify Your consent to such changes and agreement to be legally bound by the same.
1.1 You acknowledge that thePlatform allows You to avail the following services including:
(i) Limited, non-exclusive, non-transferable, and royalty free license to use the Platform for the purposes of purchasing products including customer goods such as grocery products, pharmaceutical products, alcohol, tobacco, and cigarettes(collectively, “Products”) from the Company sold on a business to consumer (B2C) basis;
(ii) Accessing services provided by the Company, through the Platform, including but not limited to facilitating last mile delivery of Products on a best effort basis within 15 minutes; and
(iii) Promptly and efficiently responding to Your queries or issues relating to Your Account and the services availed through the Platform.
The aforementioned services shall be collectively referred to as the “Services”.The Company may, at its discretion, add, modify, or remove any of the Services listed above from time to time without special notice. The Company may also, at its discretion, have terms and conditions specific to any category or section of Products in addition to these Terms and Your purchase of any of such category or section of Products shall also be governed by such additional terms and conditions. The Company reserves the right to provide the Services in any area or city in India, as may be determined by the Company in its sole discretion. Before applying or registering for availing any of the Services, we request you to please check if the Services are available in Your area or city.
1.2 The Company does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise with respect to the Products and Services; and (ii) discriminate between Users of the same class or makes any arbitrarily classification of the Users.
2. Eligibility toUse
2.1 The Services are not available to minors i.e., persons under the age of 18 (eighteen) years, undischarged insolvents, or to any Users who are not competent to enter into a contract under the Indian Contract Act, 1872, unless otherwise provided hereunder. You hereby represent that You are: (i) of legal age to form a binding contract, (ii) not a person barred from receiving the Services from the Platform under the applicable laws; and (iii) competent to enter into a binding contract. If You are under the age of 18, You may use and access the Services only with the express consent of a parent or guardian and under their supervision.
3. User Account,Password, and Security
3.2 You shall ensure and confirm that the Account information and all information provided by You is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request the Company for information revision or update. If You provide any information that is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, the Company has the right to refuse any and all the Services. The Company reserves the express right to refuse access to the Services at any time without notice for Your failure to abide by the Terms as set forth herein or to comply with applicable laws including with respect to accessing the Tobacco and Alcoholic Products (defined below) through the Platform.
4. Payment related Information
4.1 The information relating to the accepted payment methods on the Platform shall be displayed during the purchasing process.
4.3 In order to avail the Services, You undertake to use and provide valid bank details or other details required for facilitating payment towards the Products/Services (“Payment Details”). By providing the Payment Details, You represent, warrant, and covenant that: (1) You are legally authorized to provide such Payment Details; (2) You are legally authorized to perform payments using such Payment Details; and (3) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.
4.4 Except to the extent otherwise required by applicable law, the Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, the Company is not liable for any payments that do not complete because: (a) Your bank account or any other payment did not contain sufficient funds to complete the transaction; (b) You have not provided the Company with correct Payment Details; (c) Your payment card has expired; or (d) circumstances beyond the Company’s reasonable control (such as, but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) prevent the execution of the transaction.
4.5 The Platform shall not be responsible for any unauthorised transactions conducted on our Platform using Your Payment Details. The Platform shall not be obligated to refund any money to You in such instances.
5. Prices of Products
5.1 The prices of each of the Products shall be displayed on the Platform. The prices mentioned at the time of ordering the Products shall be the price charged at the time of delivery of the Products. All the Products listed on thePlatform will be sold at Indian Rupees either at Maximum Retail Price (MRP) (inclusive of all taxes) or at a discounted price unless otherwise specified. The prices of the Products may be modified from time to time. The Company endeavours to make available the Products at the best prices as possible on the Platform.
5.2 The Users will be informed about any additional charges, fees, and costs (including, delivery charges, if any) that may be levied on the purchase of the Products on the Platform at the checkout page during a transaction. The Company does not manipulate the price of any Products and/or Services offered on the Platform.
6. Delivery and delivery times
6.1 The Company shall deliver the Products daily during such time period as communicated to You through the Platform, subject to rider availability in Your area engaged by the Company. The Company endeavours to deliver orders within 10 minutes to 15 minutes of order confirmation, however, does not guarantee as to the exact delivery time which may vary on a case to case basis due to certain factors including rider availability, customer demand, traffic, and weather or a force majeure event.
6.2 The delivery of the Products will be made to the delivery address specified by You while placing the order for the Products on the Platform. This does not have to be the same as the billing address. You are solely responsible for providing a complete and correct delivery address and, if applicable, further instructions for delivery via thePlatform. The Company shall not be responsible for any delay in delivering the order placed by You on the Platform caused due to the incorrect or incomplete address provided by You.
6.3 The riders will ordinarily only make deliveries when an appropriate person is able to receive the delivery. If You ask us to leave a delivery unattended at Your address, the Company expressly disclaims all liability which may arise by virtue of the delivery being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination, and the result of any change in temperature in respect of items which need to be kept chilled or frozen.
6.4 In the event You opt to make payment for the Products by ‘Cash on Delivery (CoD)’ mode, the riders shall have the right to refuse delivery of the ordered Products to You if You fail to make the complete payment for the delivery and the Company shall not be liable for any losses or damage that may arise on account of such non – delivery to You.
6.5 Tobacco and Alcoholic Products: The delivery of Tobacco and Alcoholic Products (“Tobacco and Alcohol Related Products”) can only be made to You if You comply with the eligibility criteria prescribed under applicable law, in case of Alcohol which may vary from State to State. The Company may request You to provide Your identification documents to evidence compliance with the aforesaid, including permanent account number (PAN) or other documents mentioned in the PrivacyPolicy at the time of ordering and delivery of Tobacco and Alcoholic Products. Notwithstanding anything contained in these Terms, the riders shall deliver the ordered Tobacco and Alcoholic Products, only to the person who has ordered for such products on the Platform by furnishing their identification documents and subject to providing such documents for verification at the time of delivery. The rider may refuse the delivery of the ordered products in case of non – compliance with this requirement. You shall not place an order on the Platform for loose cigarettes. By accessing the Tobacco and Alcoholic Products category on the Platform, (i) You represent that You comply with all eligibility criteria under applicable law including legal drinking age in Your state of domicile and/ or where You are accessing the Platform and have not been previously suspended or prohibited from accessing or otherwise availing the Services of the Platform; (ii) You agree that any such Tobacco and Alcoholic Products ordered by You on the Platform is for Your personal consumption and not for resale. You also agree that You will not provide the address of any public place, including but not limited to, educational institution, hospital, religious places as Your delivery address for the order relating to Tobacco and Alcoholic Products. The Company and/or the riders reserves the right to refuse delivery of such order to You in case of any non – compliance by You of this condition.
7. Returns,Refunds, Cancellations
7.1 Returns: The policy for acceptance of returns of Products shall be communicated to the User, from time to time, through the push notifications on the Platform, or any other mode of communication as specified in this Terms or as determined by the Company.
7.2 Refunds: The policy for refund of monies with respect to return of Products or for any other purpose, shall be communicated to the User, from time to time, through the push notifications on the Platform, or any other mode of communication as specified in this Terms or as determined by the Company. The Company shall remit payments towards accepted refund requests of Users in compliance with applicable laws.
7.3 Cancellations: You may cancel an order without charge at any time before the Company accepts the order. The cancellation policy including with respect to cancellation fee with respect to an order accepted by the Company, shall be communicated to the User, from time to time, through the push notifications on the Platform, or any other mode of communication as specified in this Terms or as determined by the Company. The Company may cancel an order (in full or partially) for reasonable reasons including shortage or unavailability of Products. In case the Company cancels any order, You will not be charged for such cancelations, and the Company will reimburse You for any payment already made using the same method You used to pay for your order.
8. Use of Platform
8.1 Subject to compliance with the Terms, the Company hereby grants You a non-exclusive, limited privilege to access and use this Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; (b) in accordance with any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the Services through the Platform. You agree not to engage inactivities that may adversely affect the use of the Platform by the Company and/or other Users.
8.2 You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
8.3 Further, You undertake not to host, display, upload, modify, publish, transmit, store, update or share any information that:
(i) belongs to another person and to which the User does not have any right;
(ii) is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
(iii) is harmful to child;
(iv) infringes any patent, trademark, copyright, or other proprietary rights;
(v) violates any law for the time being in force;
(vi) deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
(vii) impersonates another person;(viii) 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 cognisable offence or prevents investigation of any offence or is insulting other nation;
(ix) contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
(x) is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
(xi) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers, or networks connected to or accessible through the Platform or any affiliated or linked sites;
(xii) violate the Terms contained herein or elsewhere; and(xiii) reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
8.4 You shall solely be responsible for maintaining the necessary computer equipment and internet connections that may be required to access, use, and transact on the Platform.
8.5 You understand and acknowledge that by using the Platform or any of the Services, You may encounter Content that may be deemed by some Users to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Platform and any Services at Your sole risk and that to the fullest extent permitted under applicable law. The Company shall have no liability to You for Content that may be deemed offensive, indecent, or objectionable to You.
9. Intellectual Property Rights
9.1 The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof)(collectively, the “Content”) on thePlatform is licensed to the Company by KiranaKart and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.
9.2 The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of the Company or KiranaKart, as the case may be. You are not permitted to use the Marks without the prior consent of the Company or KiranaKart that may own the Marks.
9.4 The Company shall not at any point of time hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the Products.
10. Disclaimer of Warranties & Liability
10.1 You expressly understand andagree that, to the maximum extent permitted by applicable law:
(i) the Platform and other Content are provided by the Company on an “as is” basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, the Company makes no warranty that the Platform or Services will meet Your requirements, or Your use of the Platform will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from the Company shall create any warranty not expressly stated in the Terms.
(ii) Company will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without your knowledge.
(iii) Company has endeavoured to ensure that all the information on the Platform is correct, but the Company neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Services or otherwise. The Company shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, the Company shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond the Company’s reasonable control.
(iv) While the Company has made best efforts to display the colours of the Products on the Platform as accurately as possible. However, the actual colours of the Products You see will depend on Your monitor or device, and the Company does not provide any guarantee in respect of such display and will not be responsible or liable for the same.
(v) The Company makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any users who use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. The Terms do not constitute, nor may the Terms be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
11. Indemnification and Limitation of Liability
11.2 In no event shall the Company and its officers, partners, consultants, agents, and employees, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Content on the Platform.
11.3 The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.
12. Violation of the Terms
12.1 You agree that any violation by You of these Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.
13. Suspension and Termination
13.1 The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, You may (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.
13.2 You shall be liable to pay any fees or charges, if applicable in respect of the Services until the date of termination by either party whatsoever.
14. Governing Law and Jurisdiction
14.1 These Terms shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Mumbai, India.
15. Grievance Redressal Mechanism
5.1 Grievance Handling: If You have any grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, You can contact the designated Grievance Officer of the Company, namely, Francis Antony Vidhayathil, at email@example.com and 9920513763
15.2 The Grievance Officer of theCompany shall acknowledge the User grievances, or complaints or concerns with respect to the Platform, the Content, or the Services, within 24 hours of receipt of the same and shall endeavour to redresses the same at the earliest and in no event later than 15 (fifteen) days of receipt of such request. By lodging a complaint or grievance, You agree to provide complete support to the Grievance Officer and such reasonable information as may be sought by them from You.
16.1 You hereby expressly agree to receive communications by way of SMS, telephone calls, WhatsApp /or e-mails from the Company and other third parties duly authorised by the Company. You hereby expressly consent to the monitoring and recording, by the Company of any and all communications between You and the Company or its agents, employees, consultants, contractors, or representatives of the Company or of their authorised partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws.
16.2 You can unsubscribe or opt-out from receiving communications through SMS and e-mail from the Company. In which case, the Company will only send You communications solely required for the purposes of the Services provided through the Platform.
17. General Provisions
17.1 Notice: All notices from the Company will be served by email to Your registered email address or by general notification on the Platform.
17.2 Assignment: You cannot assign or otherwise transfer the Terms, or any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to any third party without the requirement of seeking Your consent.
17.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
17.4 Force Majeure: The Company and/or the Platform shall not be liable to You for its failure to perform or for delay in providing You access to Your Account or to the Platform or any Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.
18. IP Infringement
18.1 If You believe the Platform violates Your intellectual property, You must promptly notify Company in writing at firstname.lastname@example.org These notifications should only be submitted by the owner of the intellectual property, or an agent authorized to act on his/her behalf. However, any false claim by You may result in the termination of Your access to the Platform.
You are required to provide the following details in Your notice:
(i) the intellectual property thatYou believe is being infringed;
(ii) the item that You think is infringing and include sufficient information about where the material is located on the Platform;
(iii) a statement that You believe in good faith that the item You have identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
(iv) Your contact details, such as Your address, telephone number, and/or email;
(v) a statement that the information You provided in Your notice is accurate, and that You are the intellectual property owner, or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
(vi) Your physical or electronic signature.
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