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As a visitor to this page, you are advised to please read the Term & Conditions carefully. By accessing the services provided by the Application, you signify your consent to be bound by these conditions. This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. TERMS & CONDITIONS: 1. PERSONAL INFORMATION:
Mother Dairy Fruit & Vegetable Pvt. Ltd. (hereinafter referred to as the "Owner/Company" or "Mother Dairy" ) is the owner of the Home Delivery Mobile Application, having its registered office at "Mother Dairy", Patparganj, Delhi-110 092 and the office at NDDB House, A3, Sector 1, Noida-201 301 ; Name - Mother Dairy Store on Google Play Store & Apple (iOS) Store (hereinafter referred to as the "Application"). The Company is aware of and respects the privacy of its customers. Therefore, it is highly recommended that you, the Customer, reads and understands these Terms and Conditions before accessing the services provided by the Application. It is imperative as by accessing this Application, you agree to be bound by the same and agree to the collection and use of relevant data relating to you by the Owner/Company in the manner as provided herein below. By accessing the Application, you also consent and acknowledge that it establishes a binding Agreement between you and the Owner/Company.
As part of the registration process on the Site, Application may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, delivery location, Postal code, Demographic profile (like your age, gender, address etc.) and information about the pages and items on the app that you access.
2. SERVICES OVERVIEW
It is pertinent to clarify herein that the Application provides no other service/s other than acting as a home delivery solution for the Customers to avail the services, at their own risk and cost. Therefore, the Owner/Company shall neither be held responsible nor liable for any warranties and/or guarantees offered by the product manufacturer in case of third-party products sold through the app.
"Agreement/User
Agreement" means the terms and conditions as detailed herein including
all schedules, appendices, annexures, Privacy Policy, Disclaimer and will include
the references to this Agreement as amended, novated, supplemented, varied or replaced
from time to time.
3. DIGITAL WALLETS a) Mother Dairy has engaged with Pine Labs Private Limited (Pine Labs) for Payment Gateway and eWallet (Wallet) solution on the Application. b) Pine Labs Private Limited, having its registered office at 3rd Floor, Court House, Lokmanya Tilak Marg, Dhobi Talao, Mumbai - 400 002, Maharashtra, India is managing and operating the mobile wallet for mobile application and the rules made there under, through which it inter alia facilitates the sale and purchase of perishable and non-perishable food products c) The Mother Dairy Wallet facility provided by Company is neither a banking nor a financial service but is merely a facility providing an electronic, automated online electronic payment system, and receiving payment on delivery for the transactions on the Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable. For some payment methods, Your issuer may charge You certain fees, such as transaction fees or other fees, relating to the processing of Your transaction. d) Please read these terms and conditions carefully. By accessing or using the services provided through the Mother Dairy Home Delivery Application, you agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to all of these terms, do not use the services provided by the Mother Dairy Home Delivery Application. e) These terms and conditions ("Terms and Conditions") govern your use of the Prepaid Mother Dairy E-Wallet ( "Mother Dairy Wallet" ) created on the Mother Dairy Home Delivery Application for your usage towards ordering Mother Dairy Home Delivery services. This Mother Dairy Wallet is the property of Mother Dairy to whom it must be surrendered, upon request. The following terms and conditions shall apply to the prepaid account of your Mother Dairy Wallet including but not limited to payments, disputes and chargeback cases in connection with the Products ordered by you on Mother Dairy Home Delivery Application by using Mother Dairy Wallet. By using the Mother Dairy Wallet, you agree to the below mentioned Terms and Conditions. Please ensure that you have read carefully and understood these Terms and Conditions before using your Mother Dairy Wallet and also request you to keep a copy of these Terms and Conditions for your records. You further agree that by using the Mother Dairy Wallet, you confirm that you have read, understood and accepted the detailed Terms and Conditions of the Mother Dairy Wallet.
f) About Your Wallet i. To activate the Mother Dairy Wallet, the Customer may be required to provide certain personal information, including but not limited to their name, contact details, and payment information. The Customer agrees to provide accurate and up-to-date information during the activation process. ii. The Pine Labs payment gateway enables you to add funds and load a specified rupee value onto your Mother Dairy Wallet, exclusively for use within the Mother Dairy Home Delivery Application. It is important to note that the value associated with the Mother Dairy Wallet is neither insured nor guaranteed by any person or entity. The rupee value that you load onto your Mother Dairy Wallet is non-transferable and can only be used for purchasing Mother Dairy Home Delivery services as a prepayment only for purchasing the goods and availing the services on Mother Dairy Home Delivery Application in India unless otherwise specified. iii. Mother Dairy Wallet can be loaded on Mother Dairy Home Delivery Application using either credit card / debit card / UPI / Internet Banking / any other RBI approved e-wallets managed and governed by other private or government entities. Mother Dairy Wallet cannot be reloaded by using any other registered/unregistered Wallet or by any other Mother Dairy Wallet. iv. You are responsible for maintaining the confidentiality of your Mother Dairy Wallet account information, including login credentials and any transaction-related information. In case of any unauthorized use or access to the Mother Dairy Wallet, you must inform Mother Dairy immediately. Mother Dairy and Pine Labs shall not be liable for any loss or damage arising from the Customer's failure to comply with the security obligations.
v. Pine Labs reserves the right not to accept any Mother Dairy Wallet or otherwise limit use of a Mother Dairy Wallet if they reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful. The Customer shall not engage in any fraudulent activities, including but not limited to unauthorized access, hacking, money laundering or other financial crimes or manipulating the Mother Dairy Wallet. Further, in the event of any misuse of the Mother Dairy Wallet or its benefits in any manner, Mother Dairy reserves the right to suspend or terminate the Customer's access to the Wallet and/or withdrawal of benefits at the sole discretion of Mother Dairy. Please maintain the Mother Dairy Wallet safely and securely. g) Loading Value in your Mother Dairy Wallet i. Mother Dairy Wallet is automatically created and enabled as soon as you register for Mother Dairy Home Delivery Application while accepting these Terms and Conditions. The Mother Dairy Wallet gets activated by loading money as detailed in the above point. Mother Dairy Wallet can be used as a mode of payment, whenever the Mother Dairy Wallet-holder purchases goods or services from Mother Dairy Home Delivery Application. ii. The amount loaded per Wallet during any month shall not exceed Rs.10,000 (Rupees Ten Thousand) and the total amount loaded during the financial year shall not exceed Rs.1,20,000 (Rupees One Lakh and Twenty Thousand). The amount outstanding per Wallet at any point of time shall not exceed Rs.10,000 (Rupees Ten Thousand). iii. No credit card, credit line, overdraft protection or deposit account is associated with a Mother Dairy Wallet. The balance loaded onto your Mother Dairy Wallet is non-refundable, except as defined in Clause 16 below, and may not be exchanged for cash or credit balance unless required by law in India. No interest, dividends or any other earnings on funds deposited to a Mother Dairy Wallet will accrue or be paid or credited to you by Mother Dairy. iv. All amounts loaded onto your Mother Dairy Wallet are held and denominated in Indian Rupees. In this Terms and Conditions, unless the context otherwise requires, the following words and expressions shall bear the meanings ascribed to them below: a. "Successful transaction" means a credit of the transaction amount to the customer's Mother Dairy wallet. b. "Provision of Services" means a successful credit of the customer's Mother Dairy wallet with the transaction amount. c. Proof of Service" or "Proof of Delivery" and any other similar term means a statement or transaction notification or transaction showing that Mother Dairy has delivered items. This may include digital records, timestamps, or other relevant data that confirms the dispatch and delivery of the order to the Customer. Proof of service is crucial for resolving any disputes related to delivery status or order fulfillment.
h) Fees and Expiration of Wallet Balances
i. Mother Dairy reserves rights, in its sole discretion and without any prior notice, to impose and/or revise charges/commissions in relation to your use of the Mother Dairy Wallet. By continuing to use the Mother Dairy Wallet after the introduction of new fees or charges, you agree to be bound by them. The current charges for your Wallet are provided hereunder, the same are subject to change;
i) Receipts and Statements i. Mother Dairy Wallet holders are not sent statements of itemized transactions on their registered email id. You can check the balance of your Mother Dairy Wallet or review recent transactions on your Mother Dairy Wallet by logging into your account on the Mother Dairy Mobile Application. ii. You should check your order and payments details to ensure that your account balance is correct
j) Cash Balance: This is the amount available in Mother Dairy wallet which is not reserved against any subscripton order and can be used by customer to purchase either subscription or one time order on Application. Cash balances in the Mother Dairy Wallet are subject to the same terms and conditions as other wallet balances. k) Reserve Balance: This is the amount available in Mother Dairy wallet reserved against a subscription order. It can only be used for that individual subscription order. This balance will not be shown to you separately once booked. l) Billing Errors, Corrections i. Mother Dairy reserves the right to correct the balance of your Mother Dairy Wallet if there is reason to believe that a clerical, billing or accounting error such as incorrect charges, duplicate transactions, or any discrepancies in the payment amounts has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Mother Dairy Wallet, please email your concern at MilkStore.Support@motherdairy.com ii. Mother Dairy will conduct an investigation and communicate the results and correct any error, if identified, in a reasonable timeframe and shall make reasonable efforts to investigate and correct any confirmed errors or discrepancies promptly.. If no error is found, a suitable explanation shall be communicated to you. Mother Dairy shall have no liability for any billing error unless you provide a notice within 7 (seven) days of the date of the transaction in question. You are requested to monitor your transactions and account balances accurately.
m) Registration, Liability for Unauthorized Transactions You are responsible for all transactions associated with your Mother Dairy Wallet, including transactions claimed to be unauthorised. The Mother Dairy Wallet does not have a separate authentication password or PIN and can be used to make transactions once you have logged-in to the Mother Dairy Application using Mobile Number-Password combination or Mobile number- OTP authentication. The mobile application remains in a state of permanent log-in and anyone with access to your mobile phone can have access to your application and thereafter use your Mother Dairy Wallet. You agree to take full responsibility of any unintended or unauthorised access to your Mother Dairy Wallet. n) Blocking of Mother Dairy Wallet: Mother Dairy reserves the right to block your Mother Dairy Wallet and/or discontinue, if Mother Dairy determines or observes in its sole discretion that there has been any of the below instances/activities: i. fraudulent or unauthorized activities through your Mother Dairy Wallet. ii. unfair practices and or mala fide intention of claiming refunds from Mother Dairy on fraudulent grounds iii. causing harassment to Mother Dairy and / or its employees. Any instances of harassment may result in the termination of your access to the Mother Dairy Home Delivery App and legal action as per applicable laws. iv. directly or indirectly threaten to or cause harm to the brand image of Mother Dairy on a public forum (including but not limited to social media, print or electronic media). Any act or statement that negatively impacts the brand image of Mother Dairy may lead to legal actions as per applicable laws.
o) Returning of money back to the customer in case of blocking of Mother Dairy Account (Account closure) In case of blocking of your Mother Dairy Account by Mother Dairy due to any of the reason stated above, the money lying in your Mother Dairy Wallet, after adjustment of any cashback/fraudulent transactions already given, shall be returned back to the source. The money shall be returned back to the source within 15 days from the date of raising successful request with the customer care at MilkStore.Support@motherdairy.com p) Returning money back to the customer in case of voluntary closure of account by the customer: In case you are not willing to use the Mother Dairy Platform and want to close your account, the money lying in your Mother Dairy Wallet, shall be returned back to the source on raising a request on email id MilkStore.Support@motherdairy.com . The money shall be returned back to the source within 15 days from the date of raising successful request with the customer care, subject to submission of KYC, as applicable. q) Privacy Statement You hereby authorise Mother Dairy to disclose your information to Government authorities or to competent authorities or to credit bureaus or to other third persons, to comply with the obligation under the law. You also authorise Mother Dairy to use your information for offering product and services to you, including from its associates/partners unless specified otherwise. Rest assured, your data will be treated with utmost confidentiality and in compliance with applicable data protection laws.
r) Cancellation of these Terms and Conditions We may suspend or terminate these terms and conditions and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability. Termination may also result from your fraudulent or unauthorized use of the Mother Dairy Wallet and we hold the right to take appropriate actions in response to such fraudulent or unauthorized use
s) Limited Liability and Disclaimer i. Mother Dairy and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Mother Dairy Wallet, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Mother Dairy does not represent or warrant that your Mother Dairy Wallets will always be accessible or accepted. ii. In the event that Mother Dairy or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Mother Dairy Wallet. Mother Dairy and its affiliates shall have no liability for any direct, indirect, incidental, consequential, or punitive damages damages (including without limitation to loss of profit, revenue, loss of data, goodwill or use) arising out of or in any way as a result of your use of the App or any related services connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory. In no event shall Mother Dairy or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Mother Dairy Wallet through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control including but not limited to acts of nature, internet connectivity issues, technical malfunctions, or unforeseen circumstances.. Mother Dairy disclaims all responsibility for any errors, omissions, or inaccuracies in the content available on the App or related to the Mother Dairy Wallet. Mother Dairy is not liable for non-fulfilment of any terms in full or in part due to any reason beyond its control. iii. The decision of the management of Mother Dairy is final and shall be binding at all times.
t) Assignment We may assign all or part of these Terms and Conditions without such assignment being considered a change to these Terms and Conditions and without notice to you and shall be released from all liabilities. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the Terms and Conditions. u) Entire Terms and Conditions, Construction These Terms and Conditions is the complete and exclusive between you and Mother Dairy, and supersedes and merges all prior proposals and all or any other prior arrangement/agreements. In the event that any provision of these Terms and Conditions shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force, effect and shall be enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of these Terms and Conditions.
v) In case of any grievances, you can contact: MilkStore.Support@motherdairy.com or Contact Us section of the Mother Dairy Mobile Application
4. ELIGIBILITY To be eligible for the Mother Dairy Wallet membership, you should be competent to enter into a contract i.e. you should have attained the age of majority according to the Indian law. Mother Dairy Wallet is not targeted towards, nor intended for use by anyone who has not attained the age of majority or to anyone previously suspended or removed by Mother Dairy App from availing the Mother Dairy Services or accessing the Mother Dairy Platform. . Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Application. Any person under the age of 18 but at least 13 years of age, may only use the Mother Dairy Wallet under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. In addition, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all the T&Cs as part of this Agreement. Finally, you shall not impersonate any person or entity, or falsely state or otherwise misrepresent Your identity, age or affiliation with any person or entity. Finally, in the event of any violation of the T&Cs, Mother Dairy reserves the right to suspend or permanently prevent You from availing Mother Dairy Services or using the Mother Dairy Platform. Mother Dairy, in its sole discretion and without any liability whatsoever, reserves the right to terminate or refuse the registration of any Customer, or refuse to permit use/access to the Application, if: (i) it is discovered or brought to notice that you do not conform to the eligibility criteria, or (ii) the Mother Dairy has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.
5. LICENSE & APPLICATION ACCESS Subject to your compliance with these Terms and Conditions, The Owner/Company grants you a limited, non-exclusive, non-transferable, and revocable license to access and make personal use of the Application , but not to download (other than page caching) or modify any of its contents, or any portion of it, except with express prior written consent of the Owner/Company. Such permission does not include/permit any resale or commercial use of the Application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Application or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools , reverse engineer, or attempt to gain unauthorized access to the Application or any part thereof . The Application or any portion of the Application may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose without express prior written consent of the Owner/Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Application or of the Owner/Company and/or its affiliates without the express prior written consent of the Owner/Company. You may not use any meta tags or any other "hidden text" utilizing the Company's name or trademarks without the express prior written consent of the Owner/Company. You shall not attempt to gain unauthorized access to any portion or feature of the Application, or any other systems or networks connected to the Application or to any server, computer, network, or to any of the services offered on or through the Application , by hacking, "password mining" or any other illegitimate means. Any such illegal or unauthorized action/omission/use by any of you shall result in termination of the permission granted herein by the Owner/Company to you. Any such unauthorized use or infringement of Company's intellectual property rights may result in legal action.6. ACCOUNT & REGISTRATION OBLIGATIONS All the users of the Application have to register and login to access the services provided by the Application and for placing orders on the Application. The account and registration details provided by you should be current and correct for the purpose of purchases from the Application. By agreeing to the present Terms of Use, the user/Customer/Shopper agrees to receive promotional or transactional communication and newsletters from the Company.
7. PRICING
a) All prices are listed in Indian Rupees. b) Products in your shopping cart of Mother Dairy Home Delivery Application will reflect the most recent price as displayed on the Product's information webpage on Mother Dairy Home Delivery Application. Please note that this price may differ from the price shown for the Product when you first placed it in your shopping cart. Placing a Product in your shopping cart does not reserve the price shown at that time. It is also possible that a Product's price may increase or decrease between the time you place it in your shopping cart and the time your order is processed. The prices charged at the time of order processing will be the final price charged on your Mother Dairy Wallet. c) Due to perishable nature of the Products, Mother Dairy Home Delivery Application procures and supplies fresh products depending upon its shelf life. However, in case of change in price of the Product subscribed on Mother Dairy Home Delivery Application, any revision in cost of the Product would be charged accordingly. i.e, if it is downward revision in the price of the product, the balance shall be returned back to your Mother Dairy wallet, however, in case of an upward revision in the price of the product, the additional cost shall be borne by you and it shall be charged on your Mother Dairy Wallet. In case the Mother Dairy Wallet does not have sufficient balance, we shall intimate you to top-up the Mother Dairy Wallet with the requisite amount, pending which we may not be able to process your orders.
8. CANCELLATION BY APPLICATION/CUSTOMER The Customer can cancel the order at any relevant point in time up to the cut-off time of slot for which the Customer has placed an order i.e. before the order is accepted for delivery. In case of such cancellation/s, the order balance of the amount already paid by the Customer will be immediately credited to your account on the Application. However, the Owner/Company reserves the right to cancel any order placed if it is suspected that a customer has undertaken a fraudulent transaction and/or the transaction violates or defies any of the clauses of the present Terms and Conditions for using the Application. If the Order is cancelled by the Owner/Company due to non-availability of any product or any other difficulties, refund of the amount already paid for such products shall be processed within 10 days. A list of all fraudulent and non-complying Customers shall be maintained by the Owner/Company and they would be denied access to the Application, or any orders placed by them shall stand cancelled. Please note that orders cannot be cancelled by email.
9. RETURN & REFUND a) You will have the option till 6 hours to report any issue with products. Thereafter such issues will not be entertained. b) At the time of raising a request for return the Products on the Mother Dairy Home Delivery Application, you may seek refund for the Non-Compliant Product. c) Please be informed that when you opt to return the Products, upon our verification and assessment of the Products and the documents relating thereto, the refund amount for such Products which are eligible for return as per the terms of this Policy, will be processed within a period of 72 (seventy two) business hours from the date of us verifying the defect or the non-compliance in the Product. Your refund will be processed only when the conditions as may be stipulated by us are fulfilled, such as the Product being returned in original condition. For the sake of abundant clarity, it is clarified that we shall not make any refund in respect of a Product that is deemed ineligible for a refund based on our verification and assessment. d) We do not make any cash refunds. The amount will be refunded within 72 (seventy two) business hours to your Mother Dairy wallet. e) We reserve the right to reject a refund request for a Product if it does not satisfy the quality conditions specified under this Policy on our assessment pursuant to its return. We may in such cases notify you and send the returned Product back without initiating a refund. f) If it is found that your return/refund request is fraudulent, Mother Dairy reserves the right to block your account with immediate effect, and discontinue all services including and not limited to the pre-paid orders on the Mother Dairy Home Delivery Application.
10. YOU AGREE AND CONFIRM
a) That you will provide authentic and true information in all instances where such information is requested of you. The Owner/Company reserves the right to confirm and validate the information and other details provided by you at any point in time. If, at any time, upon confirmation by the Owner/Company or its duly assigned representatives, your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services without prior intimation whatsoever, and without any liability or responsibility to you. b) That you authorize the Owner/Company to contact you for any transactional purposes related to your order/account. c) That the Products sold on the Mother Dairy Home Delivery Application are of perishable nature, and Mother Dairy shall not be held responsible for any spoilage of the delivered Products due to delay in collection of the products from your doorstep or the delivery point that and no refund could be claimed towards such spoilage; d) That you are accessing the services available on this Application and transacting at your sole risk and are using your best and prudent judgment before entering any transaction through this Application. e) That before placing an order you acknowledge to have checked and reviewed the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description without any exception. f) That you will use the services provided by the Mother Dairy Home Delivery Application, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site. g) That, you may from time to time choose to provide payment related financial information (credit card, debit card, bank account details, name, billing address, shipping address, phone number etc.) on the Payment Gateway of this Application. The Payment gateway is committed to always keeping all such sensitive data/information safe and ensure that such data/information is only transacted over secure websites of approved payment gateways which are digitally encrypted and provide the highest possible degree of care available under the technology presently in use. h) The Company shall not be liable for any payments authorized through the Application using Your Payment Details, except to the extent otherwise required by applicable law. Specifically, the Company shall not be held responsible for payments that fail to complete due to the following reasons: (a) Insufficient funds in your bank account or any other payment method provided; (b) Incorrect or incomplete Payment Details provided by you; (c) Expiry of your payment card; or (d) Circumstances beyond the Company's reasonable control, including but not limited to power outages, disruptions in cellular service, or other external interferences hindering transaction execution. Additionally, any misbehaviors or non-responsiveness of the payment gateway shall be addressed by the relevant payment gateway provider, and the Company holds no liability in such cases.The Mother Dairy Wallet facility provided by Company is neither a banking nor a financial service but is merely a facility providing an electronic, automated online electronic payment system, and receiving payment on delivery for the transactions on the Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable. For some payment methods, Your issuer may charge You certain fees, such as transaction fees or other fees, relating to the processing of Your transaction. i) You agree to not engage in activities that threaten or harm the brand image of the Company on any platform, whether digital or otherwise. 11. YOU MAY NOT USE THE APPLICATION FOR ANY OF THE FOLLOWING PURPOSES
a) Disseminating any unlawful, harassing, fraudulent, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material. b) Use the Application to harass, threaten, or harm others, including any form of cyberbullying or hate speech. c) Impersonate any person or entity, including other users or company representatives. d) Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice. e) Gaining unauthorized access to other computer systems, accounts, or information. f) Interfering with any other person's use or enjoyment of the Application. g) Breaching any applicable laws of the Land. h) Use the Application for spamming or sending unsolicited communications. i) Introduce or distribute malware, viruses, or any other harmful software through the Application. j) Interfering or disrupting networks or web Apps connected to the Application. k) Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
12. COLOURS & APPEARANCE We have made every effort to display the colours and pack shots of our products that appear on the Application as accurately as possible. However, please note that the actual colours you see may vary due to differences in screen resolution and display settings. Thus, we cannot ensure absolute accuracy in replicating the exact appearance of the products on your screen.
13. TERMS OF SHIPPING AND DELIVERY a) For the one-time order, orders placed till 7 pm will be serviced the same day. b) For subscription orders, we aim to provide no contact delivery at your doorstep without ringing the door bell / knocking on your door, and we try to deliver the order in the selected time slot. You agree and understand that we effectuate Product delivery to the Users either directly ourselves or through our third party services providers ("Logistics Partners"). Under exceptional circumstances/ on choice of customer, Mother Dairy may contact you before delivery, as the case may be. c) You agree and understand that we may not deliver to all areas and hence may not process your orders on the Mother Dairy Application in such cases. In the event an area has been deemed unserviceable by us, we shall notify such user at the time of registration/placing an order for purchase of Products. You may also verify whether an area is unserviceable for deliveries by us by entering the relevant delivery address, on the Mother Dairy Application. d) You understand that you shall bear absolute liability in case of any failure by us in delivering the purchased Products due to your failure to provide correct, complete, sufficient and accurate information at the time of placing the order. e) While we make reasonable endeavors in ensuring that purchased Products are delivered to you in a timely manner and within the timeline notified to you, you accept and acknowledge that the delivery may be delayed on account of: i. Logistical issues beyond our control; ii. Unsuitable weather conditions; iii. Political disruptions, strikes, lockouts, lockdowns, etc; iv. Acts of God such as floods, earthquakes, etc.; v. Other operational constraints or unforeseeable circumstances. f) In such events of delay, we shall make reasonable attempts to inform you by push notification or SMS or Call or Email. We disclaim all liabilities that may arise on account of our failure to inform or notify you of delays in the delivery of purchased Products. Further, we shall be under no obligation to compensate you for any claim that may otherwise arise on account of delays in the shipment or delivery or use of the purchased Products. g) We endeavor to engage Logistic Partners, employees, agents with the highest regard for ethics and integrity; and behave in a fashion that exudes thorough professionalism, competence, and good manners. You agree and acknowledge that the actions and inactions of delivery individuals are not in our control, and it is not feasible for us to monitor and observe each delivery executive. Since we are merely facilitating delivery of a Product purchased by you, we shall not be liable for any acts or omissions or any ill-mannerism, impoliteness, discourtesy, or offensiveness shown by our delivery executives or the employees, agents, personnel of the Logistic Partners on part of our delivery agents, employees, or personnel and/ or the Logistic Partner or their employees, agents, or personnel including deficiency in service, wrong delivery of Product, time taken to deliver the Product, Product package tampering, etc. h) By using the Mother Dairy App and availing our delivery services, you agree to release us from any liability arising from the actions or inactions of delivery executives, the employees, agents, and personnel of the Logistic Partner, including any deficiency in service, time of delivery, or any misconduct during the delivery process.
14. DISCLAIMER
a) The Mother Dairy Application Services are provided on an "as-is" and "as-available" basis. The Company makes no warranties, representations, or guarantees, expressed or implied, regarding the accuracy, reliability, completeness, or suitability of the App or its content for any purpose. You acknowledge and undertake that you are accessing the services on the Application and transacting at your own risk, liability and responsibility and are using your best and prudent judgement before entering into any transactions. The Owner/Company endeavors, to the best of its ability, to display the available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, the actual colour, size, shape and appearance may have variations from the depiction on your mobile/computer screen.
b) The Owner/Company accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Application or otherwise.
c) Users are solely responsible for their actions and decisions while using the App, including purchases, payments, and interactions with other users or third-party vendors. Mother Dairy shall not be liable for any misinterpretation, misunderstanding, or loss resulting from reliance on any content, information, or communications obtained through the App.
d) The App may contain links to external websites or third-party services. Mother Dairy is not responsible for the content, practices, or policies of such external sites or services. The content and services provided on the App are subject to change without notice.
15. MODIFICATION OF TERMS & CONDITIONS OF SERVICE
The Owner/Company reserves the right to modify, change and/or make necessary additions and deletion to the present Terms and Conditions of Use of the App/App without any prior intimation to the Customers. The Customer can access and keep himself/herself updated of the latest version of the Terms and Conditions available on the Application . In the event the updated version of the Terms and Conditions are unacceptable to the Customer, it is advisable that the Customer discontinues using the Service. However, in the event the Customer chooses to continue to use the Service, it shall be deemed that the Customer has agreed to accept the revised/modified Terms and Conditions of Use of the Application .
16. GOVERNING LAW & JURISDICTION
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Delhi/Haryana shall have exclusive jurisdiction in any proceedings/disputes arising out of the agreement. If any dispute or difference arises either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by the Owner/Company and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Delhi/Haryana and the language of the arbitration shall be English. The High Court at Delhi/Chandigarh alone shall have the jurisdiction and the Laws of India shall apply.
17. REVIEWS, FEEDBACK, SUBMISSIONS
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Application on or by this Application or otherwise disclosed, submitted or offered in connection with your use of this Application (collectively, the "Comments") shall be and remain the property of the Owner/Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Owner/Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Owner/Company exclusively owns all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. The Owner/Company will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. The Owner/Company is and shall be under no obligation: � To maintain any Comments in confidence; � To pay you any compensation for any Comments; or � To respond to any Comments. � To endorse or take responsibility for the accuracy, completeness, or reliability of user-generated content, including reviews and feedback. You agree that any Comments submitted by you to the Application will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree and acknowledge that no Comments submitted by you to the Application will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". The Company reserves the right, but not the obligation, to monitor, edit, or remove any user-generated content that violates these Terms and Conditions or is deemed inappropriate, offensive, or harmful to others. Users are solely responsible for the content they submit, and any views expressed do not represent the views of the Company. Please note all reviews submitted by customers are subject to checks and moderation by our content Team. The Owner/Company reserves the rights to moderate as well as publish/not publish the reviews. The Owner/Company reserves the rights to solicit or withhold reviews and ratings with no liability. You grant the Owner/Company the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make, and you agree to indemnify the Owner/Company and its affiliates for all claims resulting from any Comments you submit. The Owner/Company and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party. The Company reserves the right to use, analyze, or utilize user feedback and reviews for product or service improvements or marketing purposes. Any personal information shared within user-generated content will be handled in accordance with the Privacy Policy. Please note that some of the features may not be available in the first release of the application and will be delivered in subsequent stages later.
18. COPYRIGHT & TRADEMARK
All intellectual property rights such as Trademark, Patent, Design, Copy Rights , Service mark, Brand Name, Trade Name, Corporate Name and interests attached thereto, in all text, programs, products, processes, technology, images, content and other materials which appear on the Application, shall vest with the Company/Mother Dairy. Access to or use of the Application does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company's intellectual property rights. All rights, including copyright, in and to the Application are owned by or licensed to the Company. Any use of the Application or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company.
You may not modify, distribute or re-post anything on the Application for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company. Access to or use of the Marketplace does not authorize anyone to use any name, logo or mark in any manner. References on the Application to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply the Company's endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party websites, you do so entirely at your own risk and expense.
19. INDEMNITY
You, the Customer/User of the Application , agree to defend, indemnify and hold harmless the Owner/Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to the Owner/Company or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property, laws pertaining to Food Safety and Standard Act, 2006, Legal Metrology Act, 2009 or other rights, to the extent such losses arises out of your gross negligence or willful misconduct in performing any of its obligations under this Agreement. This clause shall survive the expiry or termination of this User Agreement.
20. LIMITATION OF LIABILITY The aggregate liability of the Owner/Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a User for purchases made pursuant to an order under which such liability has arisen and been established. It is acknowledged and agreed that notwithstanding anything to the contrary, in no event shall the Owner/Company be liable, whether in contract, negligence or in tort, for any direct, indirect, incidental, special, consequential or punitive damages, including but not limited to loss of data, profits, goodwill, or business opportunities. This limitation of liability shall apply regardless of the cause of action, whether arising in contract, tort, or otherwise, and shall extend to all users of the Mother Dairy Home Delivery App and the Mother Dairy Wallet. Without prejudice to the generality of the foregoing provision, the liability of the Owner/Customer shall be limited to the value of the product ordered by you.
21. TERMINATION This User Agreement is effective unless and until terminated by either the Customer or the Owner/Company. You, the Customer, may terminate this User Agreement at any time, provided that you discontinue any further use of this Application. The Owner/Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Application. The� Owner/Company shall not be liable to pay any damages/compensation or cost or both in the event this agreement is terminated under this clause. Upon any termination of the User Agreement by either you or the Owner/Company, you must promptly destroy all materials downloaded or otherwise obtained from this Application, as well as all copies of such materials, whether made under the User Agreement or otherwise. The Owner/Company's right to any Comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Application or affect any liability that may have arisen under the User Agreement prior to the date of termination.
22. MISREPRESENTATION The Owner/Company/Mother Dairy Fruit & Vegetable Pvt. Ltd. shall assume no responsibility for any communication not authorized by it with respect to any offer, sales, coupons or any such operations. This includes, but is not limited to, any fraud or misrepresentation caused by any third-party administrators resulting in loss or injury to the User. Users are hereby cautioned against such misrepresenting and fraudulent communications through telephonic internet/social media/any other electronic means.
By accepting this page and moving into the Application, you are confirming all the Terms and Conditions of this agreement and you confirm that you understand that you need to uninstall the Application in case you wish to reject these Terms and Conditions. |
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