Terms and Conditions for dm2buy

These terms and conditions (Terms) (as available on the url https://app.dm2buy.com/terms) forms an electronic record in terms of Information Technology Act, 2000 and rules made there under, as applicable, and the amended provisions pertaining to electronic records in various statutes, as amended from time to time.

This User Agreement is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and terms and conditions for access or usage of the website dm2buy.com, the mobile application available on Play Store and app store- dm2buy and the uniform resource locator created for each Merchant, operated by Dm2buy Tech Solutions Private Limited, a company incorporated under the laws of India and its registered office at T1-901, Ace Divino Sector 1, Greater Noida west, 201306, Uttar Pradesh.

General

For the purposes of these Terms, User and wherever the context may require, You, shall mean any natural or legal person who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.

Unless the context otherwise requires, Dm2buy Tech Solutions Private Limited, We, us, our or Company shall mean Dm2buy Tech Solutions Private Limited or any of its licensees, whether now or in the future.

The Company enables transactions on its Platform between participating restaurants/stores/merchants/sellers and buyers, dealing in food and beverages, provisions, consumer goods, consumables etc., and any other products or services. The buyers can choose and place orders from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries, grocery stores, other service providers, on the Platform.

These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time.

Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms.

Please read these Terms carefully before using or registering on the Platform or listing any item, accessing any material, information or Services, posting any information at or through the Platform.

As a User, the User Agreement shall be effective and binding upon your acceptance. Acceptance shall mean Your affirmative action is on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement and our Policies, please do not enter information as requested on the sign up page and click the Accept button or do not seek to obtain access to, view, visit, download or otherwise use the Platform or any information or Services.

By impliedly or expressly accepting these Terms, You also accept and agree to be bound by applicable policies of the Company including the Privacy Policy as published on the Platform communicated to the Users by publication on the Platform.

The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Platform.

Amendment

The Company reserves the right to modify the Platform and/or alter these Terms and/or Policies at any time and retains the right to deny access at any time including the termination of membership and deletion of the account, to anyone who the Company believes has violated the provisions of the User Agreement.

You are advised that any amendment to the User Agreement incorporated herein by reference will only be notified on the Platform on publicly accessible links and You agree by accessing, browsing or using the Platform that such publication shall immediately constitute sufficient notice for all purposes against You. The revised version/terms shall be effective from the time that the Company publishes the same on the Platform.

The Company shall not be liable to give any prior notice to the Users for any amendments to the User Agreement, which in the opinion of the Company, has the effect of diminishing the User existing rights or imposing additional obligations. You understand and hereby accept that the decision, whether any proposed amendments to the User Agreement have the effect of diminishing the User existing rights or imposing additional obligations on the User, shall be decided by the Company in its sole discretion.

Definitions

Affiliate shall mean any Person who directly or indirectly, controls, is controlled by, or is under the common control of the Company.

Authority shall mean any union, national, state, local, or other governmental, statutory, administrative, judicial, regulatory or self-regulating authority, agency or instrumentality having jurisdiction over the relevant matter.

Grievance Redressal Officer means the grievance redressal officer appointed by the Company in accordance with applicable Law, from time to time.

Information means and shall include any confidential and/or personally identifiable information or other information provided to the Company or other Users of the Platform or at the time of registration with the Platform, or through any email/messaging feature and shall include without limitation Your name, sex, age, email address, mailing address, phone number or such other personal information.

Internal Service Provider shall mean logistics or any back end service providers of the Platform appointed by the Company that will provide various services that the Company may require in order to run operations of the Platform.

Law shall mean all statutes, enactments, acts of legislature, laws, ordinances, rules, byelaws, regulations, notifications, guidelines, policies, directions, directives and orders of any government and or any Authority.

Losses shall include, without limitation, losses, liabilities, actions, suits, claims, proceedings, costs, damages, penalties, judgments, amounts paid in settlement, expenses, etc.

Pay Facility means the automated electronic payment or collection and remittance facility provided by the Company to the Buyers to facilitate payments for paid services on the Platform.

Person shall mean and include any individual, legal entity, company, body corporate, partnership firm, association, Hindu undivided family, trust, society, limited liability partnership or proprietorship, whether incorporated or not.

Policies shall mean and include the Privacy Policy and any other policies of the Company as amended and provided on the Platform or communicated to the Users in any other way from time to time.

Services shall mean the services rendered by the Platform as may be specifically notified by the Company on the Platform or by other means of communication from time to time, in accordance with the applicable Law.

User(s) shall mean a user of the Platform.

Eligibility

In order to use the Platform, You need to be 18 years of age or older. The Platform may only be used or accessed by such Persons who can enter into and perform legally binding contracts under Indian Contract Act, 1872.

The Company shall not be liable in case of any false information is provided by the User including User age and the User and/or his natural or appointed guardian alone shall be liable for the consequences as per the applicable Law.

The Company disclaims all liability arising out of such unauthorised use of the Platform and any third party liability arising out of Your use of the Platform if You are a minor.

Registration and Creation of Profile

A User is required to register and create a profile by creating a username and password or registering using mobile verification and providing necessary details about the User in order to be eligible to access the relevant Services.

You are solely responsible for maintaining secrecy and confidentiality of Your login details including Your user name, password and user code.

The User hereby agrees and acknowledges that the Platform will grant access to any person who has obtained Your username, password and code in the same manner as it would have granted access to You and You shall be responsible for all activities conducted under Your username and password.

The User shall immediately notify the Company of any actual or suspected unauthorized use of the User account or password. The Company and its Personnel shall not be responsible in any manner for any Losses occurring from any breach of secrecy of Your username, password or any unauthorized use of Your account.

You agree that the sole purpose of registering on or using the Platform is to enable yourself technically to run your legal business online.

User Information

You agree to provide true, accurate, up to date and complete information while signing up on the Platform or for any other purpose when prompted or requested to do so on the Platform.

Certain information You provide on the Platform in Your profile may reveal, or allow others to identify different aspects of Your private life. You are expressly and voluntarily accepting the terms of the User Agreement and supplying all such information by You on the Platform.

For the use of our Services, You will be required to use certain devices, software, and data connections. For as long as You use our Services, You consent to downloading and installing updates to our Services, including automatically.

You are responsible for all carrier data plan and other fees and taxes associated with Your use of our Services. We may charge You for our Services, including applicable taxes. We do not provide refunds for our Services, except as required by Law.

The Company shall not be responsible in any manner whatsoever for the authenticity of the personal information or sensitive personal data or information supplied by the User to the Company.

You are prohibited from misrepresenting Your identity and agree not to represent Yourself as another User or login/register using the identity of any other Person.

If You provide any information that is untrue, inaccurate, misleading, not current or incomplete, the Company reserves the right to indefinitely suspend or terminate or block Your use or access to the Platform in any manner whatsoever.

Once You have signed up on the Platform, You agree, allow and grant the Platform to gain access to Your mobile device to find and keep track of mobile phone numbers of other Users, Your location, inbuilt storage, access to internet, control vibration, accounts on Your mobile device and such other data or information on Your mobile device.

Electronic Communication

You agree to keep Yourself updated with all data, information and communication pertaining to You made available on the Platform by the Company. You further agree that Your use of the Platform or provision of any data or information including any correspondence to or by the Company is through electronic records and You consent to receiving communication from the Company via electronic documents including emails and/or SMS.

You understand You may have to bear/pay any charges associated with any such access including text messaging charges. The Company may also send You promotional information unless You have opted out of receiving such information.

We may need to provide You with certain communications/notifications, such as service announcements and administrative messages. These communications are considered part of the Services and Your account, and You may not be able to opt-out from receiving them.

General Terms

All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The Company does not have any control or does not determine or advise or in any way or involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants.

The Company does not make any representation or warranty as to the item-specifics of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that You choose to deal with on the Platform.

The Company neither makes any representation or warranty as to specifics 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.

The Company is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants. The Company cannot and does not guarantee that the concerned Buyers and Merchants will perform any transaction concluded on the Platform.

The Company is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant.

The Company is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. The Merchant shall be solely liable for redressing Buyer complaints.

Merchant Terms

The Merchants may list and provide the details of the products/services offered for sale to the Buyers as a registered user of the Platform, however the Merchants shall not be permitted to sell any product that falls under the list of banned items identified by the Company from time to time, or are otherwise prohibited for sale under applicable Law.

The Merchants agree and undertake that they are legally permitted to sell the products listed for sale on the Platform. All listed products must be listed in an appropriate category on the Platform. Soliciting business offline or outside of the Platform with the Buyers is expressly prohibited and would be considered as a breach of the User Agreement.

The Merchants hereby agree and undertake that descriptions, images, and other content pertaining to the products/services is complete and accurate, and corresponds directly with the appearance, nature, quality, purpose and other features of such products/services.

The listing description of the products must not be misleading and must describe the actual condition of the product. If the product description does not match the actual product, You agree to refund any amounts that You may have received from the Buyer.

You shall not abuse or misuse the Platform or engage in any activity which violates the terms of the User Agreement. In any such case, the Company may suspend your account or permanently debar You from accessing the Platform.

User Obligations

You agree, undertake and confirm that Your use of Platform shall be strictly governed by the following binding principles. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which belongs to another person and which You do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, slanderous, criminally inciting or invasive of another privacy, hateful, or racially or ethnically objectionable; is misleading or misrepresentative in any way; is patently offensive to the online community; harasses or advocates harassment of another person; involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; infringes upon or violates any third party rights including intellectual property rights or rights of privacy; promotes an illegal or unauthorized copy of another person copyrighted work; contains restricted or password-only access pages or hidden pages or images; provides material that exploits people in a sexual, violent or otherwise inappropriate manner; provides instructional information about illegal activities; contains video, photographs, or images of another person without consent; tries to gain unauthorized access to the Platform or profiles or account information; engages in commercial activities and/or sales without our prior written consent; solicits gambling or engages in any gambling activity which is or could be construed as being illegal; interferes with another user use and enjoyment of the Platform; refers to any website or URL that contains material that is inappropriate for the Platform; harms minors in any way; infringes any patent, trademark, copyright or other intellectual property rights; violates any Law for the time being in force; deceives or misleads the addressee/users about the origin of such messages; impersonates another person; contains software viruses or any other computer code designed to interrupt, destroy or limit the functionality of any computer resource; threatens the unity, integrity, defence, security or sovereignty of India; is false, inaccurate or misleading; or creates liability for us or causes us to lose the services of our internet service provider or other suppliers.

In case of any violation, You shall forthwith inform the Company at hello@dm2buy.com

You shall not use any deep-link, page-scrape, robot, spider or other automatic device or program to access, acquire, copy or monitor any portion of the Platform or any content.

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 by hacking, password mining or any other illegitimate means.

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.

You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by the User Agreement.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and the rules thereunder, all applicable Laws, and international laws, foreign exchange laws, statutes, ordinances and regulations regarding Your use of our service.

Payment

For all the transactions between the Merchant and the Buyer, the Merchant agrees to pay an amount equal to 2% of the transaction value as Transaction Fees to the Company. The Merchant agrees that the Transaction Fees is subject to change and such change shall be published on the Platform from time to time.

We use third party service providers or payment gateways for processing the payments made in relation to the purchase of products offered by the Merchants to Buyers.

The relevant third party service provider shall transfer the amount paid by the Buyer against an Order after deducting the Transaction Fees in the Merchant account, within 2 working days from the Buyer being in receipt of the good/service pursuant to such an Order delivered.

The Pay Facility may support payments through credit/debit cards, UPI and mobile wallet payment options. However, payment mechanisms may be added or removed or suspended through any one or more banks directly or through any payment gateway facilitators.

In case of any technical failure at the time of transaction and there is a problem in making payment, You could contact us at hello@dm2buy.com however, the Company shall not be liable for transaction failure or payment issues.

All payments made against the purchases/Services on the Platform by You shall be compulsorily in Indian Rupees acceptable in the Republic of India.

Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees. Refund shall be conditional and shall be with recourse available to the Company in case of any misuse by Buyer.

The Company reserves the right to impose limits on the number of transactions or transaction price from an individual and reserves the right to refuse to process transactions exceeding such limit.

Third Party Links

To the extent that the Platform contains links to outside services and resources offered by third parties, we do not give any express or implied warranties or guarantees regarding the content, services, and information provided on such linked websites. We provide these links only for the convenience of visitors to the Platform.

Limitation of Liability

In no event shall the Company or its Personnel or its suppliers, service providers and internal service providers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible Losses arising out of or in connection with the Platform.

The Company liability under all circumstances is limited to the amount of charges/fees, if any, paid by You to the Company. The Company assumes no liability whatsoever for any monetary or other damage suffered by You on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Platform or Pay Facility.

Indemnity

You shall indemnify and hold harmless the Company and the Company parent, subsidiaries, its Personnel, Affiliates, internal service providers and their respective officers, shareholders, directors, agents, and employees, from and against any and all Losses, liabilities, actions, suits, claims, proceedings, costs, damages, judgments, amounts paid in settlement and expenses, made by any third party or penalty imposed due to or arising out of Your breach of the User Agreement.

Grievance Redressal Mechanism

In case of any grievance, objection or complaint on Your part with respect to the Platform, other Users or the Company, You should promptly raise such grievance or complaint with the designated Grievance Officer at hello@dm2buy.com

The Grievance Officer shall attempt to acknowledge your grievances/complaints within 48 hours of receiving it. The Grievance Officer shall attempt to resolve the grievance/complaint within 1 month of having received it.

Confidentiality

All communications between You and the Company and all confidential information given to or received by You from the Company shall be kept confidential by You unless specifically permitted to the contrary in writing to the Company. This confidentiality obligation shall survive the termination of the agreement with and the User account of the concerned User.

Severability

If any provision of the User Agreement is determined to be invalid, unlawful, void or unenforceable to any extent, the remainder of the User Agreement shall not be affected thereby, and each provision of the User Agreement shall be valid and enforceable to the fullest extent permitted by Law.

Governing Law and Jurisdiction

The User Agreement and documents incorporated by reference shall be governed and construed in accordance with the laws of India. If any dispute arises between You and the Company, the dispute shall be referred to the senior management of the Company for conciliation. If the dispute has not been resolved, then such a dispute shall be subject to the exclusive jurisdiction of the courts in Karnal, Haryana.

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