Demo
OVERVIEW:
This document is an electronic record in terms of Information Technology Act,
2000 and rules there under as applicable and the amended provisions
pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000.
I. GENERAL:
Om Enterprises (“Licensee”) is the licensee of the brand Dhanu's and the
website Dhanu'sdaily.com and Dhanu's Application owned by Dhanu's. These
terms of use (the “Terms of Use”) govern your use of our website
www.Dhanu'sdaily.com (the “Website”) and our “Dhanu's application for
mobile and handheld devices (the App”). The Website along with sub
domains and the App are jointly referred to as the “Platform”. Please read
these Terms of Use carefully before you use the services. If you do not agree
to these Terms of Use, you may not use the services on the Platform, and we
request you to uninstall the App.
Please note that the services (“Services”) on the Platform are provided by
Om Enterprises and/or any other Licensee of Dhanu's, and that Dhanu's does
not provide any service to You, and merely licenses its Platform to Om
Enterprises/Licensees.
By installing, downloading or even merely accessing the Platform, you shall
be contracting with Dhanu's and its Licensees such as Om Enterprises
(“Licensees”)you signify your acceptance to the Terms of Use and other
Dhanu's Policies (including but not limited to the Cancellation & Refund Policy,
Privacy Policy, Cookies Policy, etc) as posted on the Platform from time to
time, which takes effect on the date on which you download, install or use the
Services, and create a legally binding arrangement to abide by the same.
The Platform is owned by Om Enterprises, a Company incorporated under the
Companies Act, 2013 and having its registered office at No.55,Sy No.8-14,
Ground Floor, I&J Block, Embassy Tech Village,Outer Ring Road,
Devarbisanahalli Bengaluru KA 560103 IN. Dhanu's is competent to license
the Platform and brand Dhanu's to the Third Parties. Om Enterprises is the
licensee of the brand Dhanu's and the website Dhanu'sdaily.com and Dhanu's
Application on non-exclusive basis. This Platform is operated by Om
Enterprises, a Company incorporated under the Companies Act, 2013 and
having its registered office at B/1202 12th Floor, Gundecha Altura LBS Road,
Kanjurmarg Mumbai, MH 400078 IN. For the purpose of these Terms of Use,
wherever the context so requires, “You” or “User” shall mean any natural or
legal person who uses the Platform with or without having duly completed the
registration process on the Platform “Buyer” shall mean a User who has
bought products from the Platform. Dhanu's and its Licensees will be referred
to individually as such, while the terms “we”, “us” or “our shall mean
Dhanu's and its Licensees collectively.
Om Enterprises is principally engaged in the business of retail trading and is
in the supply of various products including but not limited to Milk, Groceries,
household products etc. on a subscription and on non subscription basis (i.e.
ad hoc requirements) and allows Users/buyers (“Buyer/s”) to browse various
goods ("Products") offered for sale or services (“Services”) on the Platform.
The Buyers can choose and place orders (“Orders' ') from a variety of
Products listed and offered for sale on the Platform by Licensees which also
enables delivery of such Orders at select localities of India (“Delivery
Services”).
II. AMENDMENTS:
These Terms of Use are subject to modifications at any time. We reserve the
right to modify or change these Terms of Use and other Dhanu's Policies at
any time by posting changes on the Platform, and you shall be liable to update
yourself of such changes, if any, by accessing the changes on the Platform.
You shall, at all times, be responsible for regularly reviewing the Terms of Use
and the other Dhanu's policies and note the changes made on the Platform.
Your continued usage of the services after any change is posted constitutes
your acceptance of the amended Terms of Use and other Dhanu's policies. As
long as you comply with these Terms of Use, We grant you a personal, non-
exclusive, non-transferable, limited, revocable privilege to access, enter, and
use the Platform. By accepting these Terms of Use, you also accept and
agree to be bound by the other terms and conditions and Dhanu's policies
(including but not limited to Cancellation & Refund Policy, Privacy Policy, etc)
as may be posted on the Platform from time to time.
III. USE OF PLATFORM AND SERVICES:
1. All the Products listed on the Platform will be sold at MRP unless otherwise
specified. These prices are subject to change with/without notification to you.
You agree to pay for the price which is applicable and levied at the date of
delivery.1. Licensees do not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the
Manufacturers or Vendors. You are advised to independently verify the bona
fides of any particular Manufacturers, Producers/Vendors of whose products
that you choose to deal with on the Platform and use your best judgment on
that behalf.
2. Certain products like milk and other dairy products, bread, fruits,
vegetables, eggs need to be consumed within 1-2 days of delivery or in
accordance with the instructions or specifications of the Manufacturers,
Producers, Vendors made available on the package, if any. We recommend
that you consume the same accordingly as any complaints regarding the
quality, deficiency of a particular product will be addressed by the
Manufacturers, producers, Vendors considering the following instructions or
specifications of the Manufacturers, producers, Vendors.
3. Certain products like milk and other dairy products, bread, fruits,
vegetables, eggs need to be stored in the refrigerator at a particular
temperature level. We recommend that you store the same accordingly as any
complaints regarding the quality, deficiency of a particular product will be
addressed by the Manufacturers, Producers, Vendors considering the
adherence of storage guidelines by you.
4. THE PRODUCT IMAGES DISPLAYED ON PLATFORM ARE ONLY FOR
REFERENCE PURPOSE. WHILE EVERY REASONABLE EFFORT IS MADE
TO MAINTAIN ACCURACY OF INFORMATION ON THE PLATFORM,
ACTUAL PRODUCT PACKAGING, PRODUCT SIZE, WEIGHT, MRP AND
SUCH OTHER PRODUCT DETAILS MAY CONTAIN MORE AND/OR
DIFFERENT INFORMATION THAN WHAT IS SHOWN ON THE PLATFORM.
IT IS RECOMMENDED NOT TO SOLELY RELY ON THE INFORMATION
PRESENTED ON THE PLATFORM.
5. Dhanu's is only the Platform owner, while Om Enterprises is the Licensee
and retailer procuring products from Manufacturers, Producers/Vendors for
selling on the Platform. In case of complaints from the Buyer pertaining to
efficacy, quality, or any other such issues, the Buyer can notify the same to
the Licensee. The concerned Manufacturers, Producers shall be liable for
redressing Buyer complaints. In the event you raise any complaint, Licensees
may assist you to the best of their abilities by providing relevant information to
you, such as details of the Manufacturers, Producers/Vendors and the specific
Order to which the complaint relates, to endeavour to help you in satisfactory
resolution of the complaint.
6. Licensees neither make any representation or guarantee or warranty as to
specifics (such as quality, value, saleability, etc.) of the products or services
proposed to be sold or offered to be sold or purchased on the Platform nor
does implicitly or explicitly support or endorse the sale or purchase of any
products or services on the Platform. We accept no liability for any errors or
omissions, on behalf of Manufacturers, Producers/Vendors.
7. Call Recording: Licensees may directly or through its service providers
contact via telephone, SMS or other electronic messaging or by email with
information about the Service to be offered to you or any feedback thereon.
Any calls that may be made by Licensees, by itself or through a third party, to
the users pertaining to any Order booking requests of a user may be recorded
for internal training and quality purposes by Licensees or any third party if any
appointed by Licensees.
8. Delivery/Shipment: You agree, undertake and confirm that your use of
Platform shall be strictly governed by the following binding principles:
i. You understand that delivery time quoted at the time of confirming the
Order/on platform is an approximate estimate and may vary based on various
internal and external factors. Licensees will not be responsible for any delay in
the delivery of an Order. Licensees may in its absolute discretion send the
intimations to you in case of delays in delivery timelines. Alternatively you may
visit the Platform, reach out to the Customer Care team for getting the
updates on delivery timelines.
ii. The person at the Delivery Point authorized to deliver the product to you
may decline to deliver the product if he finds any inconsistency as regards
address, Product or any other detail of the order.
iii. Delivery charge may be leviable for each delivery/item/group of items as
may be decided by us. However Licensees may in its sole discretion run
certain promotions/offers or prescribe minimum order value for each
transaction to waive the delivery charges.
iv. You shall accept the product/s without demur in the following
circumstances:
a. If the products delivered to you are in accordance with your order, or
b. Loose Fruits and Vegetables with minor weight variation due to moisture
loss.
9. Dhanu's - Use of the Website and App (Android and iOS)
You agree, undertake and confirm that your use of Platform shall be strictly
governed by the following binding principles:
i. You shall not host, display, upload, download, modify, publish, transmit,
update or share any information which:
a. belongs to another person and which you do not have any right to;
b. is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive
of another’s privacy, hateful, or racially, ethnically objectionable, disparaging,
relating or encouraging money laundering or gambling, or otherwise unlawful
in any manner whatsoever; or unlawfully threatening or unlawfully harassing
including but not limited to “indecent representation of women” within the
meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
c. is misleading or misrepresentative in any way;
d. is patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism, bigotry,
hatred or physical harm of any kind against any group or individual;
e. harasses or advocates harassment of another person;
f. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass
mailing or “spamming”;
g. promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or libellous;
h. infringes upon or violates any third party’s rights [including, but not limited
to, intellectual property rights, rights of privacy (including without limitation
unauthorized disclosure of a person’s name, email address, physical address
or phone number) or rights of publicity;
i. promotes an illegal or unauthorized copy of another person's copyrighted
work (see copyright complaint” below for instructions on how to lodge a
complaint about uploaded copyrighted material), such as providing pirated
computer programs or links to them, providing information to circumvent
manufacture-installed copy-protect devices, or providing pirated music or links
to pirated music files;
j. contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page); k. provides
material that exploits people in a sexual, violent or otherwise inappropriate
manner or solicits personal information from anyone;
l. provides instructional information about illegal activities such as making or
buying illegal weapons, violating someone’s privacy, or providing or creating
computer viruses;
m. contains video, photographs, or images of another person (with a minor or
an adult);
n. tries to gain unauthorized access or exceeds the scope of authorized
access to the Platform or to profiles, blogs, communities, account information,
bulletins, friend request, or other areas of the Platform or solicits passwords or
personal identifying information for commercial or unlawful purposes from
other users;
o. engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising and pyramid
schemes, or the buying or selling of products related to the Platform.
p. solicits gambling or engages in any gambling activity which is or could be
construed as being illegal;
q. interferes with another user’s use and enjoyment of the Platform or any
third party’s user and enjoyment of similar services;
r. refers to any website or URL that, in our sole discretion, contains material
that is inappropriate for the Platform or any other website, contains content
that would be prohibited or violates the letter or spirit of these Terms of Use;
s. harm minors in any way;
t. infringes any patent, trademark, copyright or other intellectual property rights
or third party’s trade secrets or rights of publicity or privacy or shall not be
fraudulent or involve the sale of counterfeit or stolen products;
u. violates any law for the time being in force;
v. deceives or misleads the addressee/users about the origin of such
messages or communicates any information which is patently false, grossly
offensive or menacing in nature but may reasonably be perceived as a fact;
w. impersonate another person;
x. contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
resource; or contains any trojan horses, worms, time bombs, cancelbots,
easter eggs or other computer programming routines that may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
y. 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 criminal offence or prevents investigation of any
offence or is insulting any other nation;
z. is patently false, inaccurate and is written or published in any form with an
intent of harassing or misleading a person, entity or agency for financial gain
or to cause any injury to any person;
aa. directly or indirectly, offers, attempts to offer, trades or attempts to trade in
any item, the dealing of which is prohibited or restricted in any manner under
the provisions of any applicable law, rule, regulation or guideline for the time
being in force; or
bb. creates liability for us or causes us to lose (in whole or in part) the services
of our internet service provider or other suppliers.
You agree and understand that We reserve the right to remove and/or edit
such detail/ information. If you come across any information as mentioned
above on the Platform, you are requested to immediately contact our
Grievance Officer.
Throughout these Terms of Use, our prior written consent means a
communication coming from the Licensee’s Legal Department, specifically in
response to your request, and expressly addressing and allowing the activity
or conduct for which you seek authorization;
ii. You shall not use any “deep-link”, “page-scrape”, “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 any Content, or in any way reproduce or circumvent the
navigational structure or presentation of the Platform or any Content, to obtain
or attempt to obtain any materials, documents or information through any
means not purposely made available through the Platform. We reserve our
right to prohibit any such activity.
iii. You shall not attempt to gain unauthorized access to any portion or feature
of the Platform, or any other systems or networks connected to the Platform or
to any server, computer, network, or to any of the services offered on or
through the Platform, by hacking, “password mining” or any other illegitimate
means.
iv. You shall not probe, scan or test the vulnerability of the Platform or any
network connected to the Platform nor breach the security or authentication
measures on the Platform or any network connected to the Platform. You may
not reverse lookup, trace or seek to trace any information on any other user of
or visitor to Platform, or any other Buyer, including any account on the
Platform not owned by you, to its source, or exploit the Platform or any service
or information made available or offered by or through the Platform, in any
way where the purpose is to reveal any information, including but not limited
to personal identification or information, other than your own information, as
provided for by the Platform.
v. You shall not make any negative, denigrating or defamatory statement(s) or
comment(s) about us or the brand name or domain name used by us
including the name ‘Dhanu's’, or otherwise engage in any conduct or action
that might tarnish the image or reputation, of any Party. You agree that you
will not take any action that imposes an unreasonable or disproportionately
large load on the infrastructure of the Platform or systems or networks, or any
systems or networks connected to Dhanu's or Licensees.
vi. You agree not to use any device, software or routine to interfere or attempt
to interfere with the proper working of the Platform or any transaction being
conducted on the Platform, or with any other person’s use of the Platform.
vii. You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal you send to us on or through
the Platform or any service offered on or through the Platform. You may not
pretend that you are, or that you represent, someone else, or impersonate any
other individual or entity.
viii. You may not use the Platform or any content on the Platform for any
purpose that is unlawful or prohibited by these Terms of Use, or to solicit the
performance of any illegal activity or other activity that infringes the rights of
any Party.
ix. You shall at all times ensure full compliance with the applicable provisions,
as amended from time to time, of (a) the Information Technology Act, 2000
and the rules thereunder; (b) all applicable domestic laws, rules and
regulations (including the provisions of any applicable exchange control laws
or regulations in force); and (c) international laws, foreign exchange laws,
statutes, ordinances and regulations (including, but not limited to goods and
service tax, income tax, central excise, custom duty, local levies) regarding
your use of our service and your listing, purchase, solicitation of offers to
purchase, and sale of products or services.
You shall not engage in any transaction in an item or service, which is
prohibited by the provisions of any applicable law including exchange control
laws or regulations for the time being in force.
x. In order to allow us to use the information supplied by you, without violating
your rights or any laws, you agree to grant us a non-exclusive, worldwide,
perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right
to exercise the copyright, publicity, database rights or any other rights you
have in your Information, in any media now known or not currently known,
with respect to your Information. We will only use your information in
accordance with these Terms of Use and Privacy Policy applicable to use of
the Platform.
xi. From time to time, you shall be responsible for providing information
relating to the products or services proposed to be sold by you. In this
connection, you undertake that all such information shall be accurate in all
respects. You shall not exaggerate or overemphasize the attributes of such
products or services so as to mislead other users in any manner.
xii. You shall not engage in advertising to, or solicitation of, other users of the
Platform to buy or sell any products or services, including, but not limited to,
products or services related to that being displayed on the Platform or related
to us. You may not transmit any chain letters or unsolicited commercial or junk
email to other users via the Platform. It shall be a violation of these Terms of
Use to use any information obtained from the Platform in order to harass,
abuse, or harm another person, or in order to contact, advertise to, solicit, or
sell to another person other than us without our prior explicit consent. In order
to protect our users from such advertising or solicitation, we reserve the right
to restrict the number of messages or emails which a user may send to other
users in any 24-hour period which we deem appropriate in its sole discretion.
You understand that we have the right at all times to disclose any information
(including the identity of the persons providing information or materials on the
Platform) as necessary to satisfy any law, regulation or valid governmental
request. This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or solicitation of illegal
activity or in response to a lawful court order or subpoena. In addition, We can
(and you hereby expressly authorize us to) disclose any information about you
to law enforcement or other government officials, as we, in our sole discretion,
believe necessary or appropriate in connection with the investigation and/or
resolution of possible crimes, especially those that may involve personal
injury.
xiii. We reserve the right, but have no obligation, to monitor the materials
posted on the Platform. Licensees shall have the right to remove or edit any
content that in its sole discretion violates, or is alleged to violate, any
applicable law or either the spirit or letter of these Terms of Use.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE
CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN
YOUR PRIVATE MESSAGES. Please be advised that such Content posted
does not necessarily reflect Licensees or Dhanu's views. In no event shall
Licensees assume or have any responsibility or liability for any Content
posted or for any claims, damages or losses resulting from use of Content
and/or appearance of Content on the Platform. You hereby represent and
warrant that you have all necessary rights in and to all Content which you
provide and all information it contains and that such Content shall not infringe
any proprietary or other rights of third parties or contain any libellous, tortious,
or otherwise unlawful information.
xiv. Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Platform, including
payment and delivery of related products or services, and any other terms,
conditions, warranties or representations associated with such dealings, are
solely between you and such advertiser. We shall not be responsible or liable
for any loss or damage of any sort incurred as the result of any such dealings
or as the result of the presence of such advertisers on the Platform.
xv. It is possible that other users (including unauthorized users or ‘hackers’)
may post or transmit offensive or obscene materials on the Platform and that
you may be involuntarily exposed to such offensive and obscene materials. It
also is possible for others to obtain personal information about you due to
your use of the Platform, and that the recipient may use such information to
harass or injure you. We do not approve of such unauthorized uses, but by
using the Platform You acknowledge and agree that we are not responsible
for the use of any personal information that you publicly disclose or share with
others on the Platform. Please carefully select the type of information that you
publicly disclose or share with others on the Platform.
xvi. We shall have all the rights to take necessary action and claim damages
that may occur due to your involvement/participation in any way on your own
or through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial of Services), hacking, pen testing attempts without our
prior consent or a mutual legal agreement.
IV. ACCOUNT REGISTRATION OR USE OF THE PLATFORM:
1. You may access the Platform by registering to create an account (“ Dhanu's
Account”) and become a member (“ Membership”);
2. We will create your Dhanu's Account for your use of the Platform services
based upon the personal information you provide to us You shall only have
one Dhanu's Account and not permitted to create multiple accounts. If found,
you having multiple accounts, We reserve the right to suspend such multiple
accounts without being liable for any compensation.
3. You agree to provide accurate, current and complete information during the
registration process and to update such information to keep it accurate,
current and complete.
4. We reserve the right to suspend or terminate your Dhanu's Account and
your access to the Services (i) if any information provided during the
registration process or thereafter proves to be inaccurate, not current or
incomplete; (ii) if it is believed that your actions may cause legal liability for
you, other users or us; and/or (iii) if you are found to be noncompliant with the
Terms of Use.
5. Goods and services purchased from the Platform are intended for your
personal use and you represent that the same are not for resale or you are
not acting as an agent for other parties.
V. BOOKINGS AND FINANCIAL TERMS:
1. The Platform allows you to place Order bookings for subscription or
otherwise and we will, subject to the terms and conditions set out herein,
enable delivery of such Order to you.
Licensees retain the right to accept or reject your subscription booking or
Order bookings at its sole discretions and fulfilment is subject to availability of
stocks. Licensees shall make good faith efforts to fulfil Orders but it is under
no mandatory obligation to do so in case of reasons beyond control, more
particularly detailed hereunder.
2. PLEASE NOTE THAT THE LICENSEES DO NOT MANUFACTURE OR
PRODUCE THE PRODUCTS LISTED ON PLATFORM. YOU UNDERSTAND
THAT ANY ORDER THAT YOU PLACE SHALL BE SUBJECT TO THE
TERMS AND CONDITIONS SET OUT IN THESE TERMS OF USE
INCLUDING, BUT NOT LIMITED TO, PRODUCT AVAILABILITY AND
DELIVERY LOCATION SERVICEABILITY.
3. As a general rule, all Orders placed on the Platform are treated as
confirmed.
4. However, upon your successful completion of booking an Order, we may
call you on the telephone or mobile number provided to confirm the details of
the Order, the price to be paid. For this purpose, you will be required to share
certain information with us, including but not limited to (i) your first and last
name (ii) mobile number; and (iii) email address. It shall be your sole
responsibility to bring any incorrect details to our attention.
5. In addition to the foregoing, we may also contact you by phone and / or
email to inform and confirm any change in the Order, due to availability or
unavailability of products or change in price of the Order as informed to us.
6. All payments made against the purchases/services on the Platform by you
shall be compulsorily in Indian Rupees acceptable in the Republic of India.
The Platform will not facilitate transactions with respect to any other form of
currency with respect to the purchases made on Platform. You can pay by (i)
credit card or debit card or net banking;
(ii) any other RBI approved payment method and available at the time of
booking an Order.
You understand, accept and agree that the payment facility provided by
Licensee is neither a banking nor financial service but is merely a facilitator
providing an electronic, automated online electronic payment, receiving
payment on delivery, collection and remittance facility for the transactions on
the Platform using the existing authorized banking infrastructure and card
payment gateway networks. Further, by providing payment facility, Licensee
neither acts as trustee nor acting in a fiduciary capacity with respect to the
transaction or the transaction price. For some payment methods, the issuer
may charge you certain fees, such as transaction fees or other fees, relating
to the processing of your transaction.
7. You will be required to enter a valid phone number and email id while
placing an order on the Platform. By registering Your phone number and email
id with us, you consent to be contacted by us via phone calls and/or SMS
notifications or through message communication service providers including
but not limited to Whatsapp, in app communications etc, in case of any order
or shipment or delivery related updates/information/queries. All such
communications shall be binding on the Parties.
8. You agree to pay us for the total amount for the Order placed by you on the
Platform.
9. The user shall also be liable to pay any additional charges and/or
applicable taxes if any which may be applicable to each transaction.
10. In connection with your Order, you will be asked to provide customary
billing information such as name, address and card information either to us or
our third party payment processor. You agree to pay us for the Order placed
by you on the Platform, in accordance with these Terms, using the methods
described under clause VII (6) above. You hereby authorize the collection of
such amounts by charging the credit card/debit card provided as part of
requesting the booking, either directly by us or indirectly, via a third party
online payment processor or by one of the payment methods described on the
Platform. If you are directed to our third-party payment processor, you may be
subject to terms and conditions governing use of that third party’s service and
that third party’s personal information collection practices. Please review such
terms and conditions and privacy policy before using the Platform services.
Once your confirmed booking transaction is complete you will receive a
confirmation summarizing your confirmed booking.
11. While availing any of the payment method/s available on the Platform, we
will not be responsible or assume any liability, whatsoever in respect of any
loss or damage arising directly or indirectly to you due to:
i. Lack of authorization for any transaction/s, or
ii. Exceeding the present limit mutually agreed by you and your issuing bank,
or
iii. Any payment issues arising out of the transaction, or
iv. Decline of transaction for any other reason/s
v. Security related issues arising out of availing any of the payment method/s
available on the Platform.
12. Licensees may reserve their right to change the price of any product in
the Platform any time without any notice but the same shall not exceed the
maximum retail price of the product. Prices stated at the time an order is
placed shall apply in respect to that order.
13. All payments made against the purchases of products on Platform by you
shall be in Indian Rupees only. Platform will not facilitate transactions with
respect to any other form of currency with respect to the purchases made on
Platform.
14. You represent and confirm that the credit/debit card that is being used is
yours or that you have been specifically authorized by the owner of the
credit/debit card to use it. You further agree and undertake to provide the
correct and valid card details to carry out a transaction on the Application. All
credit/debit card holders are subject to validation checks and authorization by
the card issuer. If the issuer of your payment card refuses to authorize
payment to us, we will not be liable for any delay or non-delivery.
15. You understand that products offered by Platform are for personal
consumption only and not for further resale. Hence the Licensee reserves the
right to impose limits on the number of transactions including quantity related
restrictions which it may deem fit in its sole discretion.
16. Licensee reserves its right to refuse to process transactions by buyers
with a prior history of questionable charges including without limitation breach
of any agreements by buyer with Licensees or breach/violation of any law or
any charges imposed by bank or breach of any policy without giving any
reasons. Licensees may do such checks as they deem fit before approving
the Buyer's order ) for security or other reasons at the discretion of Licensees.
As a result of such a check, if the Licensee is not satisfied with the credibility
of the Buyer or genuineness of the transaction, it will have the right to reject
such an order. Licensees may delay dispatch or cancel any transaction at its
sole discretion, if it is suspicious of any Buyer's authenticity or activity or if the
Buyer is conducting high transaction volumes, to ensure safety of the
transaction.
17. In cases where the payment of an order does not get successfully
communicated to our system due to any network or technical issue between
intermediary, bank or payment gateway wherever applicable, the order shall
not be processed and a refund may be initiated for the same. In an
unsuccessful attempt if the customer’s account gets debited, such amounts
generally get auto reversed in the same account. Licensee shall not be held
responsible for such amounts debited in unsuccessful attempts and customer
can raise reversal requests with their bank should there be any unreasonable
delay in refund.
18. Buyer acknowledges that Licensee will not be liable for any damages,
interests, claims etc. resulting from not processing a transaction or any delay
in processing a transaction which is beyond the control of Licensee.
19. Whenever a chargeback (CB) comes from a payment gateway/bank,
following situations may arise:
i. Item not received CB - Buyer hasn't received the item. Refund will be
processed in accordance with the outcome of investigation and the Licensees
being fully satisfied with the fairness of the transaction.ii. Item not as
described - meaning item is not what Buyer expected. Dispute will be decided
in accordance with the outcome of investigation and the Licensees being fully
satisfied with the fairness of the transaction.
20. All the products listed on the Platform will be sold at MRP by the
Licensees unless otherwise specified. The prices mentioned at the time of
ordering will be the prices charged on the date of booking the Order. Although
prices of most of the products do not fluctuate on a daily basis, some of the
commodities and fresh food prices do change on a daily basis. In case the
prices are higher or lower on the date of actual delivery additional charges will
be collected or refunded or adjusted as the case may be from the wallet
balance.
21. Licensees do not facilitate exchange of delivered products.
22. THE MANUFACTURER/PRODUCER SHALL BE SOLELY
RESPONSIBLE FOR ANY WARRANTY/GUARANTEE OF THE PRODUCTS
SOLD TO THE BUYERS AND IN NO EVENT SHALL BE THE
RESPONSIBILITY OF THE PLATFORM OWNER Dhanu's OR THE
LICENSEES AS LICENSEES ARE MERELY RESELLERS OF THE
PRODUCTS ON THE PLATFORM.
VIII. CANCELLATIONS AND REFUNDS:
1. Cancellation:
i. After making an online payment for a particular Order/ product/subscription,
You as a customer can cancel your delivery for a particular day/Order anytime
up to the cut-off time (i.e. 11.00 PM of the day preceding the date of actual
delivery of product). You may also create a vacation on the Platform. You can
also end the Vacation before the cut off time when you want to recommence
the delivery.
ii. In the event of an item on your Order being unavailable, we will inform you
of such unavailability. In such an event you will be entitled to a refund in
accordance with our refund policy.
iii. We reserve the sole right to cancel your Order in the following
circumstances:
a. in the event of the designated address falls outside the delivery zone
offered by us;
b. failure to contact you by phone or email at the time of confirming the Order
booking;
c. failure to deliver your Order due to lack of information, direction or
authorization from you at the time of delivery; or
d. unavailability of all the items Ordered by you at the time of booking the
Order; or
e. unavailability of all the items ordered by you at the time of booking the
Order; or
f. in case the delivery person is not allowed inside your compound, community
or society or any other reason beyond control causing movement of the
delivery person including but not limited to law and order situation.
2. Refunds:
i. You shall be entitled to a refund only if you prepay for your Order at the time
of placing your Order on the Platform and only in the event of any of the
following circumstances:
a. your Order packaging has been tampered or damaged or spilled at the time
of delivery and you have not accepted the delivery;
b. us cancelling your Order due to (A) your delivery location following outside
our designated delivery zones; (B) failure to contact you by phone or email at
the time of confirming the Order booking; or (C) failure to contact you by
phone or email at the time of confirming the Order booking; or
c. you cancelling the Order at the time of confirmation due to unavailability of
the items you ordered for at the time of booking.
ii. OUR DECISION ON REFUNDS ITS APPLICABILITY, ETC IN ALL CASES
SHALL BE AT OUR SOLE DISCRETION AND SHALL BE FINAL AND
BINDING.
iii. All refunds will be credited to Your Dhanu's wallet. You can also trigger a
request to transfer the money from Dhanu's wallet back to source. It will take
3-21 working days for the money to show in Your bank account depending on
your bank’s policy. We encourage You to review the listing before making the
purchase decision. In case you ordered a wrong item, you shall not be entitled
to any return/refund.
3. You will not be required to pay for:
i. wrong item being delivered other than what you had ordered; or
ii. to the extent of value/quantity of the item/s, missing from your Order at the
time of delivery/short delivered.
4. You may return the product in following cases:
i. wrong item being delivered other than what you had ordered or
ii. Items substantially damaged or deteriorated in quality at the time of
delivery. You agree that you shall give us all the proofs including but not
limited to images of products having issues for us to process your requests.
5. You may return the product to us at the time of receipt of the product.
Alternatively, you may return the product by contacting our Customer care for
the same. IT IS HEREBY CLARIFIED THAT NO RETURNS SHALL BE
ACCEPTED AFTER THE PACKAGING OF PRODUCT IS OPENED OR
PRODUCT IS CONSUMED EITHER IN PART OR OTHERWISE BY YOU.
6. You may place the request to return the product(s), purchased from us
under your order provided the product(s), packs are sealed/unopened/unused
and in original condition and on the same day of delivery of products by us.
Returns or requests for returns will not be accepted from the day following the
day when we had delivered the Product/s to you. We may request you to
dispose of the products which you have requested for return which you may
do so if you deem fit.
IX. TERMS OF SERVICE:
1. You understand that our liability ends once your Order has been delivered
to you.
2. We do not offer any refunds against goods already purchased from the
Platform unless an error that is directly attributable to us has occurred during
the purchase of such product or services.
3. We constantly strive to provide you with accurate information on the
Platform. However, in the event of an error, we may, in our sole discretion,
contact you with further instructions.
4. If you use the Platform, you do the same at your own risk.
5. You agree to use the Platform for bona fide purposes and you shall not
cause any financial or other loss to Licensees or Dhanu's. In case Licensees
or Dhanu's have reason to believe that the Platform and its services are
abused to cause loss or intended to cause loss, we shall reserve all the rights
to report to law enforcement agencies and/or take all the actions to
prevent/eliminate such loss.
X. NO ENDORSEMENT:
1. We do not endorse any Manufacturer or Producer. In addition, although
these Terms of Use require you to provide accurate information, we do not
attempt to confirm, and do not confirm if it is purported identity.
XI. GENERAL TERMS OF USE:
1. Persons who are “incompetent to contract” within the meaning of the Indian
Contract Act, 1872 including minors, un-discharged insolvents etc. are not
eligible to use the Platform. Only individuals who are 18 years of age or older
may use the Platform and avail Services. If you are under 18 years of age and
you wish to download, install, access or use the Platform, your parents or
legal guardian must acknowledge and agree to the Terms of Use and Privacy
Policy. Should your parents or legal guardian fail to agree or acknowledge the
Terms of Use andDhanu's policies, you shall immediately discontinue its use.
Licensees reserve the right to terminate your Membership and / or deny
access to the platform if it is brought Licensees’ notice that you are under the
age of 18 years.
2. If you choose to use the Platform, it shall be your responsibility to treat your
user identification code, password and any other piece of information that we
may provide, as part of our security procedures, as confidential and not
disclose the same to any person or entity other than us. We shall at times and
at our sole discretion reserve the right to disable any user identification code
or password if you have failed to comply with any of the provisions of these
Terms of Use.
3. As we are providing services in the select cities in India, we have complied
with applicable laws of India in making the Platform and its content available
to you. In the event the Platform is accessed from outside India or outside our
delivery zones, it shall be entirely at your risk. We make no representation that
the Platform and its contents are available or otherwise suitable for use
outside select cities. If you choose to access or use the Platform from or in
locations outside select cities, you do so on your own and shall be responsible
for the consequences and ensuring compliance of applicable laws,
regulations, byelaws, licenses, registrations, permits, authorisations, rules and
guidelines. The Services offered in one region/city/area may differ from those
in other regions/ region/cities/areas due to product availability, local or
regional laws, shipment and other considerations. Licensees do not make any
warranty or representation that a user in one region/city/area may obtain
similar services from us in another region/city/area.
4. You shall at all times be responsible for the use of the Services through
your computer or mobile device and for bringing these Terms of Use and
Dhanu's policies to the attention of all such persons accessing the Platform on
your computer or mobile device.
5. You understand and agree that the use of the Services does not include the
provision of a computer or mobile device or other necessary equipment to
access it. You also understand and acknowledge that the use of the Platform
requires internet connectivity and telecommunication links. You shall bear the
costs incurred to access and use the Platform and avail the Services, and we
shall not, under any circumstances whatsoever, be responsible or liable for
such costs.
6. You agree and grant permission to Licensees to receive promotional SMS
and e-mails from Dhanu's or allied partners. In case you wish to opt out of
receiving promotional SMS or email please send an email to
care@Dhanu'sdaily.com.
7. Licensees reserve the right to delete your User information stored in your
account including but not limited to all or any personal information or any
sensitive personal data or information ("SPDI") stored in your User account.
Alternatively, a User may notify us if they do not wish that we retain or use the
personal information or SPDI by contacting the Grievance Officer (as provided
below). However, in such a case, we may not be able to provide you some or
all of our Services.
8. By using the Platform you represent and warrant that:
i. All registration information you submit is truthful, lawful and accurate and
that you agree to maintain the accuracy of such information.
ii. Your use of the Platform shall be solely for your personal use and you shall
not authorize others to use your account, including your profile or email
address and that you are solely responsible for all content published or
displayed through your account, including any email messages, and your
interactions with other users and you shall abide by all applicable local, state,
national and foreign laws, treaties and regulations, including those related to
data privacy, international communications and the transmission of technical
or personal data.
iii. You will not submit, post, upload, distribute, or otherwise make available or
transmit any content that: (a) is defamatory, abusive, harassing, insulting,
threatening, or that could be deemed to be stalking or constitute an invasion
of a right of privacy of another person; (b) is bigoted, hateful, or racially or
otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise
sexually explicit; (d) is illegal or encourages or advocates illegal activity or the
discussion of illegal activities with the intent to commit them.
iv. You will not use the Platform in any way that is unlawful, or harms us or
any other person or entity, as determined in our sole discretion.
v. You will not post, submit, upload, distribute, or otherwise transmit or make
available any software or other computer files that contain a virus or other
harmful component, or otherwise impair or damage the Platform or any
connected network, or otherwise interfere with any person or entity’s use or
enjoyment of the Platform.
vi. You will not use another person’s username, or other account information,
or another person’s name, likeness, voice, image or photograph or
impersonate any person or entity or misrepresent your identity or affiliation
with any person or entity.
vii. You will not engage in any form of antisocial, disrupting, or destructive
acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as
those terms are commonly understood and used on the Internet.
viii. You will not delete or modify any content of the Platform, including but not
limited to, legal notices, disclaimers or proprietary notices such as copyright or
trademark symbols, logos, that you do not own or have express permission to
modify.
ix. You will not post or contribute any information or data that may be
obscene, indecent, pornographic, vulgar, profane, racist, sexist,
discriminatory, offensive, derogatory, harmful, harassing, threatening,
embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or
political or contrary to our interest.
x. You shall not access the Platform without authority or use the Platform in a
manner that damages, interferes or disrupts:
a. any part of the Platform or the Platform software; or
b. any equipment or any network on which the Platform is stored or any
equipment of any third party.
9. You release and fully indemnify Licensees, Dhanu's and/or any of its
officers and representatives from any cost, damage, liability or other
consequence of any of the actions of the Users of the Platform and
specifically waive any claims that you may have in this behalf under any
applicable laws of India. Notwithstanding its reasonable efforts in that behalf,
Licensees cannot take responsibility or control the information provided by
other Users which is made available on the Platform. You may find other
User’s information to be offensive, harmful, inconsistent, inaccurate, or
deceptive. Please use caution and practice safe trading when using the
Platform.
XII. ACCESS TO THE PLATFORM, ACCURACY AND SECURITY:
1. We endeavour to make the Platform available during the day. However, we
do not represent that access to the Platform will be uninterrupted, timely, error
free, free of viruses or other harmful components or that such defects will be
corrected.
2. We do not warrant that the Platform will be compatible with all hardware
and software which you may use. We shall not be liable for damage to, or
viruses or other code that may affect, any equipment (including but not limited
to your mobile device), software, data or other property as a result of your
download, installation, access to or use of the Platform or your obtaining any
material from, or as a result of using, the Platform. We shall also not be liable
for the actions of third parties.
3. We do not represent or warranty that the information available on the
Platform will be correct, accurate or otherwise reliable.
4. We reserve the right to suspend or withdraw access to the Platform to you
personally, or to all users temporarily or permanently at any time without
notice. We may at any time at our sole discretion reinstate suspended users.
A suspended User may not register or attempt to register with us or use the
Platform in any manner whatsoever until such time that such user is reinstated
by us.
XIII. RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS
ACCESSED ON MOBILE DEVICES:
1. In the event the Platform is accessed on a mobile device, it is not
associated, affiliated, sponsored, endorsed or in any way linked to any
platform operator, including, without limitation, Apple, Google, Android, etc.
(each being an “Operator”).
2. Your download, installation, access to or use of the Platform is also bound
by the terms and conditions of the Operator.
3. The license granted to you for the Platform is limited to a non-transferable
license to use the Platform on a mobile device that you own or control and as
permitted by these Terms of Use.
4. You and we acknowledge that these Terms of Use are concluded between
you and us only, and not with an Operator, and we, not those Operators, are
solely responsible for the Platform and the content thereof to the extent
specified in these Terms of Use.
5. We are solely responsible for providing any maintenance and support
services with respect to the Platform as required under applicable law. You
and we acknowledge that an Operator has no obligation whatsoever to furnish
any maintenance and support services with respect to the Platform.
6. You and we acknowledge that we, not the relevant Operator, are
responsible for addressing any claims of you or any third party relating to the
Platform or your possession and/or use of the Platform, including, but not
limited to: (i) any claim that the Platform fails to conform to any applicable
legal or regulatory requirement; and (ii) claims arising under consumer
protection or similar legislation.
7. You must comply with any applicable third party terms of agreement when
using the Platform (e.g. you must ensure that your use of the Platform is not in
violation of your mobile device agreement or any wireless data service
agreement).9. You and we acknowledge and agree that the relevant Operator,
and that Operator’s subsidiaries, are third party beneficiaries of these Terms
of Use, and that, upon your acceptance of these Terms of Use, that Operator
will have the right (and will be deemed to have accepted the right) to enforce
these Terms of Use against you as a third party beneficiary thereof.
8. You and we acknowledge that, in the event of any third party claim that the
Platform or your possession and use of the Platform infringes that third party’s
intellectual property rights, we, not the relevant Operator, will be solely
responsible for the investigation, defence, settlement and discharge of any
such intellectual property infringement claim.
XIV. DISCLAIMERS:
1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME
FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
2. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC
DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS
INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE
SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN
THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS
IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT
REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY
CASE.
3. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A
CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT
CARDS.
4. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE
ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR
ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO
TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN
SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE
THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR
WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES
OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD
PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR
RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED
BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE
ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT
TO THIRD PARTY’S / MANUFACTURERS/PRODUCERS/VENDORS’
SERVICES.
5. LICENSEES DISCLAIM AND ALL LIABILITY THAT MAY ARISE DUE TO
ANY ISSUES WITH RESPECT TO THE PRODUCTS AVAILABLE ON
PLATFORM. WE ARE NOT RESPONSIBLE FOR ANY WARRANTY,
GUARANTEE, POST SALE CLAIMS, GENUINENESS OF LISTINGS,
CONTENT, PRODUCTS AND SERVICES AS LICENSEES ARE RETAILERS
THAT PROCURES THE PRODUCTS FROM THE MANUFACTURER OR
PRODUCER OR VENDOR. ALL THE CLAIMS RELATING TO THE
PRODUCTS INCLUDING BUT NOT LIMITED TO PRODUCT LIABILITY
CLAIMS, DAMAGES AND INJURIES WHICH MAY HAPPEN DUE TO
CONSUMPTION SHALL BE REFERRED TO THE CONCERNED
MANUFACTURER/PRODUCER/VENDOR AND LICENSEES SHALL BE
ABSOLVED FOR ANY LIABILITY ARISING OUT OF SUCH CLAIM.
CUSTOMER CAN SEEK LICENSEE’S ASSISTANCE FOR GIVING
ADDITIONAL INFORMATION IF REQUIRED PROVIDED THE SAME IS
AVAILABLE WITH THE LICENSEES.
6. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE
PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE
SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE
MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING
THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR
WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED,
WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE,
QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE
DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR
DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN
RELIANCE ON SUCH INFORMATION.
7. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”.
WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR
REPRESENTATION REGARDING THE TIMELINESS, CONTENT,
SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF
ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE
INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED
UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE
FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF
USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT,
MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION
WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING
US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES,
AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND
OF PROFESSIONAL LIABILITY.
8. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE
INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE
OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE
TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
9. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING,
WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING
FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES
RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY
THIRD PARTY ACCESSED THROUGH THE PLATFORM, WHETHER
BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL
THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
10. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED
HEREIN, Dhanu's, LICENSEES OR THEIR AFFILIATES OR THEIR
OFFICERS, DIRECTORS, EMPLOYEES SHALL NOT HAVE ANY LIABILITY
TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS
OF REVENUE OR PROFITS ARISING UNDER OR RELATING TO THE
T&CS, THE Dhanu's PLATFORM OR SERVICES, EVEN IF ANY OF SAID
PARTIES HAD BEEN ADVISED OF, KNEW OF, OR SHOULD HAVE
KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM
EXTENT PERMITTED BY LAW, Dhanu's, LICENSEE’S MAXIMUM
AGGREGATE LIABILITY TO YOU FOR ANY CAUSES WHATSOEVER, AND
REGARDLESS OF THE FORM OF ACTION (WHETHER LIABILITY ARISES
DUE TO NEGLIGENCE OR ANY OTHER TORT, BREACH OF CONTRACT,
VIOLATION OF STATUTE, MISREPRESENTATION OR FOR ANY OTHER
REASON), WILL AT ALL TIMES BE LIMITED TO RS. 5,000. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, YOU WAIVE, RELEASE,
DISCHARGE AND HOLD HARMLESS Dhanu's, LICENSEES OR THEIR
AFFILIATES, AND EACH OF THEIR DIRECTORS, OFFICERS,
EMPLOYEES, AND AGENTS, FROM ANY AND ALL CLAIMS, LOSSES,
DAMAGES, LIABILITIES, EXPENSES AND CAUSES OF ACTION ARISING
OUT OF YOUR USE OF THE Dhanu's PLATFORM AND/OR SERVICE.
XV. INTELLECTUAL PROPERTY:1. Dhanu's and its Licensees expressly
reserve all intellectual property rights in all text, programs, products,
processes, technology, content and other materials, which appear on this
Platform. Dhanu's, shall have the rights over the data collected on the
Platform. Dhanu's may license the Platform and/or Intellectual Property Rights
which it owns to one or more entities (Third Party) on mutually agreed terms
and conditions. In such case, You agree to permit Dhanu's to share your
personal and other information (Data) lying with Dhanu's to such Third Party
so that such Third Party can provide goods and services to you pursuant to
your transactions on the Platform. You also agree to permit Dhanu's to
transfer all the balances including but not limited to Wallet, Rewards, etc
(Wallet Balances) lying in your credit to such Third Party so that such Third
Party can provide goods and services to you pursuant to your transactions on
the Platform. If you do not agree to the above sharing/transfer, you may write
on the contact details mentioned in Clause XXI below.
2. You may print off one copy, and may download extracts, of any page(s)
from the Platform for your personal reference and you may draw the attention
of others within your organisation to material available on the Platform. The
names and logos and all related product and service names, design marks
and slogans are the trademarks or service marks of Dhanu's, Licensees, its
affiliates, its partners or its suppliers. All other marks are the property of their
respective entities. No trademark or service mark license is granted in
connection with the materials contained on this Platform. Access to this
Platform does not authorize anyone to use any name, logo or mark in any
manner.
3. The Platform may provide opportunity for users to post reviews and other
comments, questions, suggestions or other information ("User Content") and
all such User Content submitted by user shall not infringe or violate third party
intellectual property rights and user hereby grants Licensees and Dhanu's a
perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable
right and licence to use such User Content.
4. You must not modify the paper or digital copies of any materials you have
printed off or downloaded in any way, and you must not use any illustrations,
photographs, video or audio sequences or any graphics separately from any
accompanying text.
5. If you print off, copy or download any part of the Platform in breach of these
Terms of Use, your right to use the Platform will cease immediately and you
must, at our option, return or destroy any copies of the materials you have
made.
6. You must not use any part of the materials on the Platform for commercial
purposes without obtaining a licence to do so from us or our licensors.
XVI. TREATMENT OF INFORMATION PROVIDED BY YOU:
1. We process information provided by you to us in accordance with our
Privacy Policy.
XVII. THIRD PARTY CONTENT:
1. We cannot and will not assure that other users are or will be complying with
the foregoing rules or any other provisions of these Terms of Use, and, as
between you and us, you hereby assume all risk of harm or injury resulting
from any such lack of compliance.
2. You acknowledge that when you access a link that leaves the Platform, the
site you will enter into is not controlled by us and different terms of use and
privacy policy may apply.
By assessing links to other sites, you acknowledge that we are not
responsible for those sites. We reserve the right to disable links to and / or
from third-party sites to the Platform, although we are under no obligation to
do so.
XVIII. SEVERABILITY:
If any of these Terms of Use should be determined to be illegal, invalid or
otherwise unenforceable by reason of the laws of any state or country in
which these Terms of Use are intended to be effective, then to the extent and
within the jurisdiction where that term is illegal, invalid or unenforceable, it
shall be severed and deleted and the remaining Terms of Use shall survive,
remain in full force and effect and continue to be binding and enforceable.
XIX. NON-ASSIGNMENT:
You shall not assign or transfer or purport to assign or transfer the contract
between you and us to any other person.
XX. GOVERNING LAW AND DISPUTE RESOLUTION:
These Terms of Use are governed by the laws of India. Any action, suit, or
other legal proceeding, which is commenced to resolve any matter arising
under or relating to this Platform, shall be subject to the jurisdiction of the
courts at Bengaluru, India.
XXI. COMPLAINTS AND REGULATORY AND CUSTOMER GRIEVANCE
REDRESSAL :
For general queries with respect to our offerings you may reach out to our
Customer care service atcare@Dhanu'sdaily.com.
Any complaints or concerns with regards to content of this platform or
comment or breach of these terms of use or any intellectual property of any
user, instances of customer grievances, regulatory queries and clarifications
shall be informed/ communicated to the Grievance Cum Nodal Officer at the
coordinates mentioned below in writing. We shall look into the same and get
back to you.
Grievance cum Nodal officer
In accordance with Information Technology Act, 2000 and rules made there
under and also required under Consumer Protection (E- Commerce) Rules,
2020, the name and contact details of theGrievance Officer/ Nodal Officer are
provided below:Mr. Neelesh Patodi Om Enterprises Registered Office: B/1202
12th Floor, Gundecha Altura LBS Road, Kanjurmarg Mumbai MumbaiCity MH
400078 IN.Phone: +91 - 96990 00035Email: grievances@Dhanu'sdaily.com
Time: Mon - Sat (10:00 - 18:30)