Terms & Conditions of use
iDeliver Retail Services Private Limited
(“Company”) is the author and publisher of the mobile/ application MyRunner
(“Application”) and its website www.myrunner.in (“Website”); (Collectively “MyRunner”) The Company owns and operates the services provided by MyRunner. The Company is committed to the protection of your privacy and your personal information in accordance with applicable law.
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU MAY NOT ACCESS THE SERVICE.
I. ACKNOWLEDGMENT & ACCEPTANCE
The terms and conditions contained herein are the terms for MYRUNNER Website and Mobile Application wholly owned, operated and managed by iDeliver Retail Services Pvt Ltd. The Services provided (“Pick & Deliver” & “Buy & Deliver” services) by the Company is a technology based service which enables the engaging of delivery boys through the Website and/or Mobile Application and/or Call to Order facility for consideration by users for a point to point pick and drop service or for time and usage based service within city limits, through the internet and/or mobile telecommunications devices.
II. USER(S) ELIGIBILITY
User(s) means any individual or business entity/organization defined as “users” that legally operates in India or in other countries, uses and has the right to use the Services provided by the Company. Our Services are available only to those individuals or companies who can form legally binding contracts under Section 11 of the Indian Contract Act, 1872. Therefore, the user(s) must be of the age of majority according to the law which s/he is subject, and in sound mind and not disqualified from contracting by any law to which s/he is subject to be eligible to use our Services.
Use of the Website, Mobile Application and/or Call to Order facility is available only to persons who can form legally binding contracts under Indian Contract Act, 1872 and any other applicable law for this purpose. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 and any other applicable law for this purpose including minors, un-discharged insolvents etc. are not eligible to use the Website, Mobile Application and/or Call to Order facility. If you are a minor i.e. under the age of 18 years, you shall not register as a member of the Website, Mobile Application and/or Call to Order facility and shall use the services made available via Website, Mobile Application and/or Call to Order facility. As a minor if you wish to avail Our Services on the via Website, Mobile Application and/or Call to Order facility, the same may be made by your legal guardian or parents who have registered as users of the Website, Mobile Application and/or Call to Order facility. The Company reserves the right to terminate Your membership and refuse to provide you with access to the Website, Mobile Application and/or Call to Order facility if it is brought to its notice or if it is discovered that you are under the age of 18 years or are otherwise "incompetent to contract". If you are registering as or on behalf of a business entity, you represent that you are duly authorized by the business entity to accept this User Agreement and you have the authority to bind that business entity to this User Agreement.
The Company advises its users that while accessing the Website, Mobile Application and/or Call to Order facility, they must follow/abide by the related laws. The Company is not responsible for the possible consequences caused by the user’s behaviour during use of the Website, Mobile Application and/or Call to Order facility. The Company reserves the rights to refuse the service to anyone at any time.
III. USER(S) AGREEMENT
This agreement applies to user(s) if user(s) are visitors, registered - free or paid user(s) who access the Company Website and/or Mobile Application for any purpose. It also applies to any legal entity which may be represented by a user under actual or apparent authority. User(s) may use this site solely for their personal or internal purposes.
This agreement applies to all Services offered on the website, collectively with any additional terms and condition that may be applicable to the specific service used/accessed by user(s). In the event of a conflict or inconsistency between any provision of the terms and conditions mentioned herein with those of the particular service, the provisions of the terms and conditions applicable to such specific Services shall prevail.
As a Registered User, this User Agreement shall be effective and binding upon your 'acceptance'. 'Acceptance' shall mean your affirmative action in clicking on 'check box' and/or on the 'continue button' and/or or any affirmative action as provided on the registration page or using or accessing the Website, Mobile Application and/or Call to Order facility through logging in by your User ID and Password, including that of www.facebook.com, Website and applications owned by Yahoo Inc. or its subsidiaries, Google Inc. or its subsidiaries, twitter or any other social media Website and applications as permitted on our Website, Mobile Application and/or Call to Order facility or generally using our Website, Mobile Application and/or Call to Order facility with or without using your User ID and Password. If you do not agree or are not willing to be bound by the terms and conditions of this User Agreement, please do not click on the "check box" and on the "continue" button or any other button and do not seek to obtain access to or otherwise use the Website, Mobile Application and/or Call to Order facility.
IV. AMENDMENT TO USER(S) AGREEMENT
The Company may change, modify, amend, or update this User Agreement at any time by posting a revised version of the Website, Mobile Application and/or Call to Order facility without any prior notification to user(s) and the amended and restated terms and conditions of use shall be effective immediately on posting. The User is advised to regularly check for any amendments or updates to the Terms and Conditions contained in the User Agreement. In the event the modified Terms and Conditions are not acceptable you, the User, you should discontinue using the Service. However, if you continue to use the Service, you shall be deemed to have agreed to accept and abide by the modified Terms and Conditions.
V. IMPORTANT DISCLAIMERS
The following disclaimers by the Company are the key to determine any relationship between you and the Company for your use of the Website, Mobile Application and/or Call to Order facility and the Company for providing any services through the Website, Mobile Application and/or Call to Order facility.
The Company and its affiliates and service providers provide the Website, Mobile Application and Call to Order facility services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website, Mobile Application and/or Call to Order facility is at your risk.
The Company and its affiliates and service providers and technology partners make no representations or warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website, Mobile Application and/or Call to Order facility or that the operation of the Website, Mobile Application and/or Call to Order facility will be error free and/or uninterrupted.
The Company provides certain independent services to facilitate the transactions for users of the Website, Mobile Application and/or Call to Order facility and such independent services may include listing management, warehousing services, logistics services, making available courier services and making payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Company will engage independent third party service providers to perform these services. The Company may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Company will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of the Companies and, in such an event, the total aggregate liability of the Company shall be limited to the extent provided herein.
VI. ELECTRONIC COMMUNICATIONS
When You use the Website, Mobile Application and/or Call to Order facility or send emails or other data, information or communication to the Company, You agree and understand that You are communicating with the Website, Mobile Application and/or Call to Order facility and the Company and all other Registered Users and Visitors through electronic records which are legally identifiable and enforceable, and You consent to receive communications via electronic records from the Website, Mobile Application and/or Call to Order facility, the Company and all other Registered Users and Visitors and as and when posted, communicated or required.
VII. SERVICE OF NOTICE
The Registration Data and email ID or Your account details of the third party Website, Mobile Application and/or Call to Order facility through which You register with the Website, Mobile Application and/or Call to Order facility will be construed as Your 'designated electronic address' and the Company, Website and/or Mobile Application, other Registered Users, Visitors, third parties and law enforcement agencies will communicate with You on your designated electronic address which will be deemed adequate service of notice/electronic record.
By impliedly or expressly accepting this User Agreement, You also accept and agree to be bound by various policies of the Company as provided from time to time in various hyperlinks on the Website and/or Mobile Application.
If you use the Website, Mobile Application and/or Call to Order facility as Registered User, you are responsible for maintaining the confidentiality of your User ID and Password. You are responsible for all activities that occur under your User ID and Password. You agree, inter alia, to provide true, accurate, current and complete information about yourself as prompted by Website, Mobile Application and/or Call to Order facility registration form or provided by You as a Visitor or user of a third party site through which You access the Website, Mobile Application and/or Call to Order facility. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, the Company has the right to indefinitely suspend or terminate or block access of your membership with the Website, Mobile Application and/or Call to Order facility and refuse to provide you with access to the Website, Mobile Application and/or Call to Order facility. You have to keep your account and registration details current and correct.
The Company reserves the right to collect user data including name, contact information and other details to facilitate services or use of its platform to avail services. All information collected from the user is on a bona fide basis. Misuse and misrepresentation of identity or contact details will lead to automated termination of services or the use of the platform without prior notice to such users.
User accounts bearing contact number and email IDs are created and owned by the Company. Any promotional discounts, offers and reward points accumulated can be revoked without prior notice in the event of suspicious account activity or mala fide intent of the user.
In the case where the system is unable to establish unique identity of the user against a valid mobile number or e-mail ID, the account shall be indefinitely suspended. The Company reserves the full discretion to suspend a user's account in the above event and does not have the liability to share any account information whatsoever.
- Information Collected and Storage of Such Information: The “Information” (which shall also include data) provided by You to the Company or collected from You by the Company may consist of “Personal Information” and “Non-Personal Information”.
- Your address;
- Your telephone number;
- Your e-mail address;
- Other contact information;
- Your date of birth;
- Your gender;
- Information regarding your transactions on the Website and/or Mobile Application, (including sales or purchase history);
- Your financial information such as bank account information or credit card or debit card or other payment instrument details;
- Internet Protocol address;
- Any other items of ‘sensitive personal data or information’ as such term is defined under the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data of Information) Rules, 2011 enacted under the Information Technology Act, 2000;
- Identification code of your communication device which You use to access the Website, Mobile Application and/or Call to Order facility or otherwise deal with any MyRunner/Company entity
- Any other Information that You provide during Your registration process, if any, on the Website, Mobile Application and/or Call to Order facility.
Such Personal Information may be collected in various ways including during the course of You:
- registering as a user on the Website, Mobile Application and/or Call to Order facility;
- availing certain services offered on the Website, Mobile Application and/or Call to Order facility. Such instances include but are not limited to making an offer for participating in any online survey or contest, communicating with the Company’s customer service by phone, email or otherwise or posting user reviews on the items available on the Website, Mobile Application and/or Call to Order facility, or
- otherwise doing business on the Website, Mobile Application and/or Call to Order facility or otherwise dealing with any Company entity.
- Non-Personal Information: The Company may also collect information other than Personal Information from You through the Website and/or Mobile Application when You visit and/or use the Website and/or Mobile Application. Such information may be stored in server logs. This Non-Personal Information would not assist the Company to identify You personally. This Non-Personal Information may include:
- Your geographic location;
- details of Your telecom service provider or internet service provider;
- the type of browser (Internet Explorer, Firefox, Opera, Google Chrome etc.);
- the operating system of Your system, device and the Website and/or Mobile Application You last visited before visiting the Website and/or Mobile Application;
- The duration of Your stay on the Website and/or Mobile Application is also stored in the session along with the date and time of Your access,
- Advertisements: The Company may use third-party service providers to serve ads on the Company’s behalf across the internet and sometimes on the Website and/or Mobile Application. They may collect Non- Personal Information about Your visits to the Website and/or Mobile Application, and Your interaction with our products and services on the Website and/or Mobile Application.
You hereby represent to the Company that:
- the Information you provide to the Company from time to time is and shall be authentic, correct, current and updated and you have all the rights, permissions and consents as may be required to provide such Information to the Company.
- Your providing the Information to the Company and the Company’s consequent storage, collection, usage, transfer, access or processing of the same shall not be in violation of any third party agreement, laws, charter documents, judgments, orders and decrees.
- Your Information will primarily be stored in electronic form however certain data can also be stored in physical form. We may store, collect, process and use your data in countries other than Republic of India but under compliance with applicable laws. We may enter into agreements with third parties (in or outside of India) to store or process your information or data. These third parties may have their own security standards to safeguard your information or data and we will on commercial reasonable basis require from such third parties to adopt reasonable security standards to safeguard your information/data.
- Purpose for Collecting, Using, Storing and Processing Your Information [Individually and collectively referred to as (“Purposes”)]
The Company collects, uses, stores and processes Your Information for any purpose as may be permissible under applicable laws (including where the applicable law provides for such collection, usage, storage or processes in accordance with the consent of the user) connected with a function or activity of each of the Company’s entities and shall include the following:
- to facilitate Your use of the Website, Mobile Application and/or Call to Order facility or other services of the Company entities;
- to respond to Your inquiries or fulfil Your requests for information about the various products and services offered on the Website, Mobile Application and/or Call to Order facility;
- to provide You with information about products and services available on the Website, Mobile Application and/or Call to Order facility and to send You information, materials, and offers from the Company;
- to send You important information regarding the Website, Mobile Application and/or Call to Order facility, changes in terms and conditions, user agreements, and policies and/or other administrative information;
- to send You surveys and marketing communications that the Company believes may be of interest to You;
- to personalize Your experience on the Website, Mobile Application and/or Call to Order facility by presenting advertisements, products and offers tailored to Your preferences;
- to help You address Your problems incurred on the Website, Mobile Application and/or Call to Order facility including addressing any technical problems;
- if You purchase any product or avail of any service from the Website, Mobile Application and/or Call to Order facility, to complete and fulfil Your purchase, for example, to have Your payments processed, communicate with You regarding Your purchase and provide You with related customer service;
- for proper administering of the Website, Mobile Application and/or Call to Order facility;
- to conduct internal reviews and data analysis for the Website, Mobile Application and/or Call to Order facility (e.g., to determine the number of visitors to specific pages within the Website, Mobile Application and/or Call to Order facility;
- to improve the services, content and advertising on the Website, Mobile Application and/or Call to Order facility;
- to provide value added services such as Single Sign On. Single Sign On shall mean a session/user authentication process that permits a user to enter his/her name or mobile number or e-mail address or any combination thereof and password in order to access multiple Website and/or Mobile Application;
- to facilitate various programmes and initiatives launched by the Company or third party service providers and business associates;
- to analyze how our services are used, to measure the effectiveness of advertisements, to facilitating payments;
- to conducting academic research and surveys;
- to protect the integrity of the Website, Mobile Application and/or Call to Order facility;
- to respond to legal, judicial, quasi judicial process and provide information to law enforcement agencies or in connection with an investigation on matters related to public safety, as permitted by law;
- to conduct analytical studies on various aspects including user behaviour, user preferences etc.;
- to permit third parties who may need to contact users who have bought products from the Website, Mobile Application and/or Call to Order facility to facilitate installation, service and any other product related support;
- to implement information security practices;
- to determine any security breaches, computer contaminant or computer virus;
- to investigate, prevent, or take action regarding illegal activities and suspected fraud,
- to undertake forensics of the concerned computer resource as a part of investigation or internal audit;
- to trace computer resources or any person who may have contravened, or is suspected of having or being likely to contravene, any provision of law including the Information Technology Act, 2000 that is likely to have an adverse impact on the services provided on any Website, Mobile Application and/or Call to Order facility or by the Company;
- to enable a potential buyer or investor to evaluate the business of the Company.
You hereby agree and acknowledge that the Information so collected is for lawful purpose connected with a function or activity of each of the Company entities or any person on their respective behalf, and the collection of Information is necessary for the Purposes.
- Sharing and Disclosure of Your Information
- You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights you have in Your information, in any media or medium now known or developed, produced, invented or used in future, with respect to Your information.
- The Services are not available to You hereby unconditionally agree and permit that the Company may transfer, share, disclose or part with all or any of Your Information, within and outside of the Republic of India to various Company entities and to third party service providers/partners/banks and financial institutions for one or more of the Purposes or as may be required by applicable law. In such case we will contractually oblige the receiving parties of the Information to ensure the same level of data protection that is adhered to by the Company under applicable law.
- The Company may also share Personal Information if the Company believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of various terms and conditions or our policies.
- We reserve the right to disclose your information when required to do so by law or regulation, or under any legal obligation or order under law or in response to a request from a law enforcement or governmental agency or judicial, quasi-judicial or any other statutory or constitutional authority or to establish or exercise our legal rights or defend against legal claims.
- You further agree that such disclosure, sharing and transfer of Your Personal Information and Non-Personal Information shall not cause any wrongful loss to You or to any third party, or any wrongful gain to us or to any third party.
- The security of your Personal Information is important to us. The Company strives to ensure the security of Your Personal Information and to protect Your Personal Information against unauthorized access or unauthorized alteration, disclosure or destruction. For this purpose, the Company adopts internal reviews of the data collection, storage and processing practices and security measures, including appropriate encryption and physical security measures to guard against unauthorized access to systems where the Company stores Your Personal Information. Each of the Company entity shall adopt reasonable security practices and procedures as mandated under applicable laws for the protection of Your Information. Provided that Your right to claim damages shall be limited to the right to claim only statutory damages under Information Technology Act, 2000 and You hereby waive and release all the Company entities from any claim of damages under contract or under tort.
- Security & Retention
- If you choose a payment gateway to complete any transaction on Website, Mobile Application and/or Call to Order facility, then Your credit card data may be stored in compliance with industry standards/ recommended data security standard for security of financial information such as the Payment Card Industry Data Security Standard (PCI-DSS).
- The Company may share your Information with third parties under a confidentiality agreement which inter alia provides for that such third parties not disclosing the Information further unless such disclosure is for the Purpose. However, the Company is not responsible for any breach of security or for any actions of any third parties that receive Your Personal Information. The Company is not liable for any loss or injury caused to You as a result of You providing Your Personal Information to third party (including any third party Website and/or Mobile Applications, even if links to such third party Website and/or Mobile Applications are provided on the Website, Mobile Application and/or Call to Order facility of the Company).
Notwithstanding anything contained in this Policy or elsewhere, the Company shall not be held responsible for any loss, damage or misuse of Your Personal Information, if such loss, damage or misuse is attributable to a Force Majeure Event (as defined below).
A "Force Majeure Event" shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, explosion, acts of God, civil commotion, strikes or industrial action of any kind, riots, insurrection, war, acts of government, computer hacking, unauthorised access to computer, computer system or computer network,, computer crashes, breach of security and encryption (provided beyond reasonable control of the Company), power or electricity failure or unavailability of adequate power or electricity.
- While We will endeavor to take all reasonable and appropriate steps to keep secure any Personal Information which We hold about You and prevent unauthorized access, You acknowledge that the internet or computer networks are not fully secure and that We cannot provide any absolute assurance regarding the security of Your Personal Information.
- You agree that all Personal Information shall be retained till such time required for the Purpose or required under applicable law, whichever is later. Non-Personal Information will be retained indefinitely.
IX. INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company is the sole owner or lawful licensee of all the rights to the Website, Mobile Application and Call to Order facility, including, without limitation, any and all rights, title and interest in and to copyright, related designs, patents, utility models, trademarks, trade names, service marks, designs, know-how, trade secrets and inventions (whether patentable or not), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks layout, images, sound, video etc. The Website and Mobile Application content embodies trade secrets and intellectual property rights protected under worldwide copyright and other laws. All title, ownership and intellectual property rights in the web site and its content shall remain with the Company, its affiliates or licensor's of MYRUNNER content, as the case may be. You acknowledge and agree that you shall not use, reproduce or distribute any content from the Website and Mobile Application belonging to the Company without obtaining authorization from the Company.
All rights not otherwise claimed under this agreement or by the Company are hereby reserved. The information contained in the Website and Mobile Application is intended, solely to provide general information for the personal use of the reader, who accepts full responsibility for its use.
The Company reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Service or the Website, Mobile Application and/or Call to Order facility.
All related icons and logos are registered trademarks or trademarks or service marks of the Company in various jurisdictions and are protected under applicable copyright, trademark and other proprietary rights laws. The unauthorized copying, modification, use or publication of these marks is strictly prohibited.
All content on this Website and Mobile Application is the copyright of the Company except the third party content and link to third party web site on our Website and Mobile Application.
Systematic retrieval of the Company content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from The Company is prohibited.
In addition, use of the content for any purpose not expressly permitted in this Agreement is prohibited and may invite legal action. As a condition of your access to and use of the Company's Services, you agree that you will not use the web site service to infringe the intellectual property rights of others in any way. The Company reserves the right to terminate the account of a user(s) upon any infringement of the rights of others in conjunction with use of the Company service, or if the Company believes that user(s) conduct is harmful to the interests of the Company, its affiliates, or other users, or for any other reason in the Company's sole discretion, with or without cause.
X. RESTRICTED ITEMS
Certain items are banned or restricted for carriage on our services because of the restrictions imposed by Regulatory Requirements. Listed below are the various categories of Banned and Restricted Items:
- Tobacco Products
- Alcoholic Products
- Live Animals
- Semi-precious/Precious items
- Pornographic Material
- Drugs & Narcotics (Illegal)
- Human Parts/Organs
- Radioactive material
- Hazardous/Dangerous goods which may cause harm to humans
- Heavyweight items (heavier than 5 kilos)
- Oversized Items (larger than 20"x15"x20", to be verified and inputed)
- Commodities banned by law at any given time and without prior notice.
- Any delivery which would be likely to cause damage, or delay to equipment or personnel
- Any shipment which may require the carrier to obtain a license for its transportation
- Any item whose carriage is prohibited by any law, statute or regulations of the city
XI. LINKS TO THIRD PARTY SITES
Links to third party sites are provided by web site as a convenience to user(s) and the Company does not have any control over such sites i.e content and resources provided by them.
The Company may allow user(s) access to content, products or Services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to such Third Party's web site. You are cautioned to read such sites' terms and conditions and/or privacy policies before using such sites in order to be aware of the terms and conditions of your use of such sites. The Company believes that user(s) acknowledge that the Company has no control over such third party's site, does not monitor such sites, and the Company shall not be responsible or liable to anyone for such third party site, or any content, products or Services made available on such a site.
Most content and some of the features on the Website, Mobile Application and/or Call to Order facility are made available to visitors free of charge. However, the Company reserves the right to terminate access to certain areas or features of the web site at any time for any reason, with or without notice. The Company also reserves the universal right to deny access to particular users to any/all of its Services without any prior notice/explanation in order to protect the interests of the Company and/or other visitors to the web site. the Company reserves the right to limit, deny or create different access to the web site and its features with respect to different user(s), or to change any of the features or introduce new features without prior notice.
XIII. REFUND POLICY
The Company will not refund the amount paid for availing the services offered except in the following circumstances:
The refunds will be remitted to your accounts/card/wallets within 2 days of authentication and verification.
- Wrong product has been delivered;
- The product has not been delivered by the specified time and after expiry of 48 hours grace period;
- The User has not availed the ‘Buy & Deliver’ facility.
You can request a refund on any product except perishable item on the above mentioned accounts by dropping a message on the Company website along with other details required. Refund will be initiated once the Company is satisfied that the product is returned with original packaging and tags (if applicable). When your delivery person arrives, s/he will go through your order with you. In case of any discrepancy with the Order, the User should hand over the package as it is and the bill will be instantly recalculated. However, the User may be allowed to return the product within 24hours of delivery in case of exceptional cases.
XIV. UNAUTHORISED CHARGES ON CARD
If you see charges on your credit/debit card for purchases made in the name of the Company but you never created an account or signed up, please check with your family members or business colleagues authorized to make purchases on your behalf, to confirm that they haven't placed the order. If you're still unable to recognize the charge, please report the unauthorized purchase within 60 days of the transaction to enable the Company to begin an investigation.
XV. MODIFICATION/CANCELLATION BY CUSTOMER
You shall be allowed to modify or cancel an order up to the cut-off time specified for every service. Modification with respect to pick-up address and delivery address can be made ONLY before the product is picked up.
There will no charges for cancelling or modifying the order within the cut-off time. Once the product has been picked up, no cancellation requests shall be accepted by us and the User will be liable to pay for the said service.
That in the event that a non-delivery happens on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by the Company for redelivery shall be claimed from you.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects of proper name, complete address information.
XVI. MODIFICATION/CANCELLATION BY THE COMPANY
The Company reserves the right to refuse or cancel orders without disclosing any reason.
To provide a safe and secure shopping experience, we regularly monitor transactions for fraudulent activity. In the event of detecting any suspicious activity, the Company reserves the right to cancel all past, pending and future orders without any liability. We may also require additional verifications or information before accepting any order. We will contact you if all or any portion of your order is cancelled or if additional information is required to accept your order. If your order is cancelled after your card has been charged, the said amount will be reversed to your Card Account. Any promotional voucher used for the cancelled orders may not be refunded.
XVII. REVIEWS, FEEDBACK, SUGGESTIONS
All the reviews, feedback, comments, suggestions, ideas or other similar content posted by You on the Website, Mobile Application and/or Call to Order facility or otherwise communicated to us through other means would remain our property. Such disclosure, submission or offer of any comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties with respect to such comments. Thus, the Company would own all such rights, interests and titles of such content and shall be permitted to use the same for commercial use or any other use. We would also be entitled to reproduce, publish, modify or recreate such comments and feedback and no compensation shall be provided to You for the same. You also agree that the comments, feedback, suggestions and ideas posted by You on the Website and/or Mobile Application shall not be illegal, offensive, abusive, threatening or contain viruses or cause infringement of rights of others and in all such cases, you shall be solely responsible for the same.
We reserve the right to monitor, remove or edit as required, any comments, feedback & suggestions posted by you on the Website and/or Mobile Application.
XIX. REPORT ABUSE
As per these Terms, Users are solely responsible for every material or content uploaded on to the Website and/or Mobile Application. The Company does not review the contents in any way before they appear on the Website and/or Mobile Application. The Company does not verify, endorse or otherwise vouch for the contents of any user or any content generally posted or uploaded on to the Website and/or Mobile Application. Users can be held legally liable for their contents and may be held legally accountable if their contents or material include, for example, defamatory comments or material protected by copyright, trademark, etc. If you come across any abuse or violation of these Terms, please report to [include email ID].
XX. INDEMNIFICATION CLAUSE
The user(s) is/are responsible for paying all fees and taxes, including but not restricted to service tax, associated with the use of the Website, Mobile Application and/or Call to Order facility and the user agrees to bear any and all applicable taxes, charges, cess etc. levied thereon.
XXII. OTHER TERMS & CONDITIONS FOR USE OF SERVICE
The following Terms & Conditions shall apply to customers utilizing the Services offered by the Company:
- The customer agrees and accepts that the use of the Services provided by the Company is at the sole risk of the Customer, and further acknowledges that the Company disclaims all representations and warranties of any kind, whether express or implied.
The customer shall ensure that he/she will not indulge in any of the following activities while requesting a delivery:
- Sending restricted items mentioned in Terms & Conditions
- Misusing or damaging any of the devices (technical/non-technical) provided to the delivery personnel.
- Asking the delivery persons to break any Traffic/RTO/City Police and/or government rules for any purpose (especially sending the delivery quickly). The delivery person has the right to refuse such a request by the customer. The delivery person also has the right to refuse such a pick-up.
- Asking the delivery person to carry more than 5 kg in the bag. The rules under which the Services are provided by the Company, stipulate that a maximum 5 kg shall be allowed per delivery. In view of this, the customer shall not pressurize the delivery person to allow more than 5 kg of items in the bag. The delivery person has the right to refuse such a pick-up.
- The customer agrees and acknowledges that the use of the Services offered by Company is at the sole risk of the customer and that Company disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
- The customer will be liable to make good the amount paid by the delivery person while availing the ‘Buy & Deliver’ service. In case the customer fails to make the said payment, s/he will be liable to be penalised as per the procedure laid by law and legal recourse may be taken by the Company against her/him.
- Refusal of taking delivery by the customer while availing ‘Buy & Deliver’ service will attract heavy penalty on the User and the User will be debarred from using the Company services till the pending payment for the same is cleared. In case the customer fails to make the payment in case of refusal to take delivery, s/he will be liable to be penalised as per the procedure laid by law and legal recourse may be taken by the Company against her/him.
Without prejudice to the above, the Company makes no representation or warranty that:
- the Services will meet the customer's requirements;
- the Services will be uninterrupted, timely, secure, or error-free.
- The Company shall not be responsible or liable for any loss or damage, howsoever caused or suffered by the Customer arising out of the use of delivery service offered by Company or due to the failure of Company to provide Services to the Customer for any reason whatsoever including but not limited to the Customer's non-compliance with the Services'' recorded voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission or telecommunications system or other circumstances whether or not beyond the control of Company or any person or any organization involved in the above mentioned systems.
- The Company will not be liable for any damages of any kind arising from the use of the Service offered by the Company, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- The Company will not be liable for any harm/adverse effect caused to the User by consumption of any edible product/s and/or personal products to be used sought to be picked up/bought while availing the services of the Company. By accepting these terms, the User releases the Company from any liability for damage caused by the consumption and/or usage of such products.
- The Customer shall indemnify Company from and against and in respect of any or all liabilities, losses, charges and expenses (including legal fees and costs on a full indemnity basis) claims, demands, actions and proceedings which Company may incur or sustain directly or indirectly from or by any reason of or in relation to the use or proposed use of the Services by the Customer and shall pay such sums on demand on the Company.
- The Company is hereby authorized to use the location based information provided by any of the telecommunication companies when the Customer uses the mobile phone to make a booking. The location based information will be used only to facilitate and improve the probability of locating Delivery person for the Customer.
- The Company shall be entitled at any time without giving any reason to terminate the booking of delivery person done by the Customer.
- The Company encourages all its customers to take full responsibility of his/her items. In case of lost items when in transit during the journey, Company will try to locate the items on a "best-effort" basis but is not responsible for the same in case of loss or damage to the same.
- If the Customer leaves any goods in the delivery bag or has any complaint in respect of the Services or the use of the delivery person, the Customer has to inform Company of the same in writing within 24hours of using the Services of Company.
- The maximum waiting time at the pickup and drop-off points is 15 minutes. The delivery person has the right to refuse any delivery which shall take more time than that. Also, in such cases the customer shall be charged for the services @ Rs.1 per minute waiting.
- The Company shall not be liable for any conduct of the delivery person. However, the Company encourages you to notify it of any complaints that you may have against the third party delivery person that you may have hired using the Company's Services. By accepting the said terms, the User agrees that the code of conduct of the third party delivery person employed by the Company shall not be the responsibility of the Company.
- All the calls made to the Company's call centre while availing the Call to Order facility or otherwise are recorded by the Company for quality and training purposes.
- It is expressly made clear to you hereby that the Company does not own any bikes, company disclaims any and all liability in respect of the bikes owned by the delivery person.
- The Company have right to use the customer contact information for its own marketing purposes. The Company may send regular SMS updates to the mobile numbers registered with it.
XXIII. CUSTOMER DISPUTE RESOLUTION
The Company welcomes your questions or comments regarding the Terms:
iDeliver Retail Services Pvt. Ltd.
Corp Office: 212, Saran Chambers II, 5 Park Road, Lucknow.-226001
Email Address: email@example.com
Telephone number: 8929246247
Effective as of April 14, 2016