This document is an
electronic record in terms of the Information Technology Act, 2000 and rules
thereunder as applicable and the amended provisions pertaining to electronic
records in various statutes as amended by the Information Technology Act, 2000.
Being generated by a computer system it does not require any physical or
digital signatures.
This document is published in accordance with the provisions
of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rule,
2011.
The domain
name www.dailyninja.in
(hereinafter referred to as "the
Website") is owned by DailyNinja Delivery Services Pvt Ltd (hereinafter referred to as the "Company"), a company incorporated under the Companies Act, with the registered office at Row House 13, Hill Garden View, Kokanipada, Thane-W.
II Definition
"We", "Us", "Our" shall mean Dailyninja ("Company"),.
"Terms", "Terms and conditions", "Policy", "T&C" shall mean the entire Agreement and all parallel policies
that you agree to in mutual agreement by using our Website.
"You", "Your", "User" refers to the user of the
Website. "User" is anyone who is visiting, accessing, browsing or
placing an order through the Website and also includes Vendors who sell their
products and services through the Website.
"Content" refers to any text, image, graphic, video, audio, or all
forms of data which are made available on the Website.
(a)
"Seller/Vendor" shall be any person or entity who is registered with the
Company and shall list its Product(s) on the Website with the intention to sell
the Product(s) through the website.
(b)
"Buyer/Customer" shall be any person, natural or legal, who shall place the
order on the website for the products listed on the Website after providing the
necessary documents asked for on the Website.
About US
Dailyninja allows users to
purchased their daily grocery requirements and make payments through a
reloadable dailyninja wallet on our platform.
Your use of the Website
and services and tools are governed by these terms and conditions ("Terms of
Use") as applicable to the Website, including the applicable policies which
are incorporated herein. If you transact on the Website you shall be subject to
the policies that are applicable to the Website for such transaction. By mere
use of the Website You shall be contracting with Us and these terms and conditions including the policies constitute Your binding obligations with the Company.
When You use any of the services offered through www.dailyninja.in
, you will be subject to the rules,
regulations, policies and all applicable terms and conditions which shall be
deemed to be incorporated into and be a part and parcel of these Terms of Use.
We reserve the right, at Our sole discretion to change, modify, add or delete, any or all parts of this Terms of Use without any intimation to You. It shall be Your responsibility to revisit the Terms of Use and acquaint yourself with any changes that may be made. Your continued use of the Site after such changes have been made shall be deemed to be an acceptance of the revised policies.
Browsing, Accessing or
otherwise using the site indicates your Agreement to all the Terms and
Conditions under this Terms of Use. By impliedly or explicitly accepting these
Terms of Use, You also accept to be bound by Company's policies as amended from
time to time.
Eligibility and Access
Users above the age of 18
and competent to contract as per the laws of the Union of India shall be
entitled to use the Website and avail of the offers and services provided
therein. To
register, You must provide Your true and correct information as requested while registering. If you are a minor and wish to use the website, You may do so through Your legal guardian and
the Company reserves the
right to terminate Your account on knowledge of You being a minor and using the
membership of the site.
The Company may further,
in its discretion terminate or end the relationship with any User with or
without furnishing reasons for the same.
Further, You are solely responsible for protecting the confidentiality of Your username and password and any activity under the account will be deemed to have been done by You. In the event You provide us with false and inaccurate details or the Company has reasonable reasons to believe You have done so, We hold the rights to permanently suspend your account.
Privacy Policy
The
Privacy Policy is separately available on the Website, and can be perused by You at Your convenience.
Communications
By using this website, it is deemed that You have consented to receiving calls, autodialed and/or pre-recorded message, calls and e-mails from Us on the mobile/telephone number/e-mail ID provided by You while accessing the Website. This includes contacting you through information received from and through other parties. The use of this website is also your consent to receive SMS's from Us at any time we deem fit. This consent to be contacted is for purposes that include but not limited to providing timely information of the order confirmation, dispatch and delivery details.
You may also be contacted by Service Providers and
Sellers with whom We have entered into a contract in furtherance of Our rights, duties and obligations under this document and all other policies followed by Us.
The sharing of the information provided by you will
governed by the Privacy Policy and We will not give out such contact
information of yours to third parties not connected with the Website.
Website as an Intermediary Platform
The Website is a platform that Users utilize to meet
and interact with Sellers for their transactions. We are not a party to
such interaction and take no liability that arises from any such communication.
1.
All communication which, inter alia, include the contract,
its terms, Your obligations, the Sellers obligations, prices, etc are outcomes of the communication between the seller and You. This includes, without any limitation, the prices, delivery costs, warranties related to the products, etc.. We do not have any control over such information and play no determinative role in the finalization of the same and hence do not stand liable for the outcomes of such communication.
2.
We do not endorse any of the food items offered for sale
through the website nor place any guarantee as to its nature, price, quality,
etc.
3.
Subject to the
above sub-clauses, a contract exists between You and any other User of or Vendor on, the Website, and as such any breach of contract and any claim arising from such breach is the subject matter of the respective Users or parties alone. We shall in no way be party to such breach and we shall not liable to be involved in any suit arising from the said breach.
4.
While entering
into contracts or any other transaction, or communication, with another user,
you are expected to check the creditworthiness of the respective Vendor and the
genuineness of the products offered by them. We are not liable for the same.
5.
At no point of time between communication and delivery
of goods between You and any other user do we come into possession of the goods
or its title, save in exceptional cases where a delivery may be made by or
through Us.
6.
Any contract entered into by you with any other user /
Vendor, is limited to You and the respective user / Vendor and not Us, we are
in no way liable for any deficiency of service that may arise which includes
and is not limited to cancellation of order due to low stocks, defected goods,
and defective nature of goods.
7.
As we hold no possession, nor title of the products or prepaid monetary amounts at
any time, save as provided herein, nor enter/determine the communication
between you and any other user or Vendor or determine its outcome, the contract
is purely a bipartite contract between You and the respective user / Vendor and
We are not responsible for claims arising from such a contract.
8.
You release and indemnify Us and/or any of our officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Please note that there could be risks in dealing with underage persons or people, or business entities acting under false pretence. We neither guarantee nor take any liability for any action whatsoever by Users on this Website.
Marketing Information
provided by us
Any
sales and marketing information provided by Us, including but not limited to, sales and marketing literature, catalogues, price lists, documents, etc., shall not constitute a contractual Offer capable of Acceptance and would merely exist to be an Invitation to Offer.
Placing an order with us
Your act of placing an order (hereinafter your "Order") for any goods provided by or through the Website shall be deemed to constitute a contractual Offer that may be accepted or rejected, by the Website, at its discretion. You may, if you wish to do so, cancel your Order for the goods or services upto 12 midnight the previous day.
The payment for the orders placed shall be
made through a Dailyninja wallet that shall be linked to the account of the User. It is hereby specified that the users shall be liable for all orders placed through their accounts.
Intellectual Property and Third Party Information
This website is the
sole and exclusive property of Dailyninja or its licensors and vendors. We retain all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the website, the tools, applications, and other software being made available on the website.
The content that you
post or provide to Dailyninja, in any manner, will become our intellectual property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with Our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide, and you shall not be entitled to any payment or other compensation for such use.
User Obligation
1
You are bound not to Cut, copy, distribute, modify,
recreate, reverse engineer, distribute, disseminate, post, publish or create
derivative works from, transfer, or sell any information or software obtained
from the Website. With our prior permission limited use may be allowed. For the
removal of doubt, it is clarified that unlimited or wholesale reproduction,
copying of the content for commercial or non-commercial purposes and
unwarranted modification of data and information within the content of the
Website is prohibited.
2
You agree not to access (or attempt to access) the Website
and/or the materials or Services by any means other than through the interface
that is provided by the website. The use of deep-link, robot, spider or other
automatic device, program, algorithm or methodology, or any similar or
equivalent manual process, to access, acquire, copy or monitor any portion of
the Website or content therein, or in any way reproduce or circumvent the
navigational structure or presentation of the Website, materials or any content
therein, to obtain or attempt to obtain any materials, documents or information
through any means not specifically made available through the Website is
specifically banned. You acknowledge and agree that by accessing or using the
Website or Services, You may be exposed to content from other users that You may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such allegedly offensive content on the Website.
3
In places where
this Website allows you to post or upload data/information, You undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, You undertake not to:
a)
Abuse, harass,
threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the
legal rights of others;
b)
Engage in any
activity that interferes with or disrupts access to the Website or the Services
(or the servers and networks which are connected to the Website);
c)
Impersonate any
person or entity, or falsely state or otherwise misrepresent Your affiliation
with a person or entity;
d)
Publish, post,
disseminate, any information which is grossly harmful, harassing, blasphemous,
defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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;
e)
Post any file
that infringes the copyright, patent or trademark of other legal entities.
f)
Upload or
distribute files that contain viruses, corrupted files, or any other similar
software or programs that may damage the operation of the Website or another's
computer;
g)
Probe, scan or
test the vulnerability of the Website or any network connected to the Website,
or breach the security or authentication measures on the Website or any network
connected to the Website. You may not reverse look-up, trace or seek to trace
any information on any other user, of or visitor to, the Website, or any other
customer of the website, including any website Account not owned by You, to its
source; or exploit the Website or Service or information made available or
offered by or through the Website, in any manner, whether or not the purpose is
to reveal any information, including but not limited to personal identification
information, other than Your own information, as provided for by the Website;
h)
Disrupt or
interfere with the security of, or otherwise cause harm to, the Website,
systems resources, accounts, passwords, servers or networks connected to or
accessible through the Websites or any affiliated or linked sites;
i)
Collect or
store data about other users in connection with the prohibited conduct and
activities set forth in this Section.
j)
Use the Website
or any material or Content 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 which infringes the rights of this website or other third
parties;
k)
Violate any
code of conduct or other guidelines, which may be applicable for or to any
particular Service;
l)
Violate any
applicable laws or regulations for the time being in force within or outside
India;
m)
Violate the
Terms of Use including but not limited to any applicable Additional Terms of
the Website contained herein or elsewhere;
n)
Create
liability for Us or cause Us to lose (in whole or in part) the services of Our
internet service provider ("ISPs") or other suppliers;
You shall not engage in advertising to,
or solicitation of, other Users of the Website to buy or sell any products or
services, including, but not limited to, products or services related to that
being displayed on the Website or related to Us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via the Website. It shall be a violation of these Terms of Use to use any information obtained from the Website in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without Our prior explicit consent. 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.
We have no obligation, to monitor the
materials posted on the Website. We 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 WEBSITE. In no event shall We 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 Website. 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 libelous, tortuous, or otherwise unlawful information.
Disclaimers
Dailyninja
assumes that the products listed in the site are authentic and accurate and the
seller has the authority to sell it but Dailyninja does not verify these products.
All text,
graphics, user interfaces, visual interfaces, photographs,
trademarks, logos, sounds, music and artwork (collectively, "Content"),
related to Products available through the website is a third party user
generated content and We have no control over such third party user generated
content as We are merely an intermediary for the purposes of this Terms of Use.
Other than when
provided for, the use of such content and it being reproduced, republished,
uploaded, posted, publicly displayed, encoded, translated, transmitted or
distributed in any way (including "mirroring") to any other computer, server,
Website or other medium for publication or distribution or for any commercial
enterprise, without Our express prior written consent is not allowed.
Payment
Payment Facility for Buyers:
You understand
that the contract is a bipartite contract between you and the seller using the
Payment Facility offered by Dailyninja, and You shall pay the Transaction Price through the Dailyninja wallet that shall be linked to your account.
As a Buyer, You
shall be entitled to claim a refund of the Transaction Price (as Your sole and
exclusive remedy) in case You do not receive the Delivery within the time
period agreed in the Transaction or within the time period as provided in the
Policies, whichever is later. Such refund is time barred and in case you do not
raise a refund claim using Website features within the stipulated time, You would be ineligible for a refund.
Data provided by us / Service
Rendered
1 From time to
time, Our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, re producing, publishing, changing, editing such articles. In the event you have a problem with any article so posted, you may report the same via mail and we may look into it. We are under no obligation to remove such articles and the final decision lies with us.
2 We are not in
any way liable to You, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property infringement, breach of laws, etc.
3 From time to
time, our Website/app will have external links connected to other websites of
Developers. We in no way endorse these websites. We are in no way liable for
the information found on those websites. External websites may have their own
policies and we in no way are responsible for any loss or damage cause by the
same to you. You are advised to use your own discretion in the navigation and
use of external sites.
DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE
THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER
MATERIALS ARE PROVIDED BY THIS WEBSITE IS ON AN "AS IS" BASIS WITHOUT WARRANTY
OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES
OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE.
IT IS HEREBY SPECIFIED THAT WE ARE
NOT A ‘FOOD BUSINESS OPERATOR' AS PER THE LAWS IN FORCE IN INDIA, BUT ARE MERE
FACILITATORS PROVIDING A SERVICE. FURTHER, AS
AN INTERMEDIARY, WE HAVE NO LIABILITY WITH RESPECT TO THE PACKAGING, LABELLING,
DISPLAY OF INFORMATION, QUALITY, QUANTITY, FITNESS FOR CONSUMPTION, OR ANY
OTHER ASPECT OF THE FOOD PRODUCTS BEING SOLD. WE ARE NOT INVOLVED IN THE
MANUFACTURE, OR PACKAGING OF THE FOOD PRODUCTS, AND ALL SUCH LIABILITY RESTS
SOLELY WITH THE VENDORS.
AS A USER, ACKNOWLEDGING OUR ROLE AS AN
INTERMEDIARY PORTAL, YOU HEREBY RELEASE US FROM ALL LIABILITIES WITH RESPECT TO
THE FOOD PRODUCTS ON OUR WEBSITE/APP, INCLUDING WITHOUT LIMITATION THE COMPLIANCE
REQUIREMENTS FOR SUCH PRODUCTS.
WITHOUT LIMITING THE FOREGOING, THE
COMPANY MAKES NO WARRANTY THAT
(I) YOUR REQUIREMENTS WILL BE MET OR
THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, OR IN A TIMELY MANNER;
(II) ANY ERRORS OR DEFECTS IN THE WEBSITE,
SERVICES OR OTHER MATERIALS WILL BE CORRECTED;
(III)
MATERIALS, INFORMATION PROVIDED WILL BE EFFECTIVE, ACCURATE OR RELIABLE;
(IV) THE FOOD OFFERED THROUGH THE
WEBSITE/APP SHALL FIT THE IMAGES PROVIDED ON THE WEBSITE/APP OR SHALL MATCH THE
DESCRIPTION ON THE WEBSITE/APP OR BE FIT FOR CONSUMPTION;
(V) OUR VENDORS OR SELLERS ON THE
WEBSITE/APP ARE IN COMPLIANCE WITH THE FOOD SAFETY AND STANDARDS ACT, 2006, AND THE
RULES AND REGULATIONS MADE THEREUNDER.
TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER
INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER
LAWS. FURTHER, THE COMPANY DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE,
LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
Indemnification and Limitation of
Liability
YOU AGREE TO INDEMNIFY, DEFEND AND
HOLD HARMLESS THIS WEBSITE INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS,
AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS,
DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN
CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR
INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF,
ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR
AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU / US PURSUANT TO THESE
TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY
ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF
THE WEBSITE, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR
VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER,
INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OUR OFFICERS,
DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE VENDOR OR ANY
THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE
DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR
WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT
OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/APP, SERVICES OR
MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN
THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Miscellaneous Terms
The Website is not an agent, employee or partner of the User.
Modification of the Terms of Service: These terms of service may be modified from time to time to deliver
better services or to intimate users of the modified terms. It shall be the
obligation of the User to acquaint himself or herself with the modified Terms
of Service.
Waiver: A decision not to act
against any User for any improper conduct does not prevent the Website from
acting in any future case against the same or other Users.
Dispute
Resolution: All disputes will attempt to be resolved amicably by mediation or
negotiation, following which they shall be referred to binding arbitration. The
Arbitration Board is to comprise three members. One is to be appointed by Us, one by you, the User and the third member is to be nominated by the two appointed members by mutual consent between them. The award as the outcome of the arbitration is final and binding on the parties and there shall be no further remedy available to both parties. The arbitration proceedings will take place in the English Language and will be situated in Bangalore. If the dispute cannot be resolved by
arbitration, it shall be referred to the courts in Bangalore.
Any grievances, issues,
queries, complaints or information that you wish to communicate to us can be
addressed to the details provided at the CONTACT US or TALK TO USE ([email protected]), provided on our
Website/App.