Terms & Privacy

Terms and Privacy

Last Updated: 18 May 2018

Bisht Technologies Private Limited, a company incorporated under the Companies Act, 1956 having its registered office at #3, 2nd floor, Kapil Complex Mukhani, Haldwani-263139 and operating office at A-130, Sector 63, Noida, who is the owner of the mobile application GoGrocer (the “Application Provider”) reserves all rights not expressly granted to you under these Terms and Conditions. GoGrocer mobile application, the product that is subject to these Terms and Conditions is hereafter referred to as the “Licensed Application”

Scope of License

This license granted to you for the Licensed Application by the Application Provider, is limited to a non-exclusive, non-transferable, license to use the Licensed Application on any Android™ and iOS device that you own or control. This license does not allow you to use the Licensed Application on any Android™ device that you do not own or control, and you may not distribute or make the Licensed Application available over a network where it could be used by multiple devices at the same time. Nothing contained in the Licensed Application should be considered as granting you, by implication or otherwise, any license or right to use any trade-marks, logos, or other names contained in the Licensed Application. You may not rent, lease, lend, sell, redistribute or sublicense the Licensed Application. You may not copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Licensed Application, any updates, or any part thereof (except as and only to the extent any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open sourced components included within the Licensed Application). Any attempt to do so is a violation of the rights of the Application Provider and its licensors. If you breach this restriction, you may be subject to prosecution and damages. The terms of the license will govern any upgrades provided by the Application Provider that replace and/or supplement the original Licensed Application, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern its use.

User Access and Consent to Use of Data

By downloading and registering with the Licensed Application, you represent that you are not barred by any law, in any jurisdiction or bound by any agreement that restricts your rights to access, download and register with the Licensed Application and to make payments through the Licensed Application. In order to register with the Licensed Application you will have to provide your mobile number or email address. You will ensure that the mobile number / email adrresss provided for registration with the Licensed Application is your own and does not belong to any third party and that it is a valid and existing mobile number. You will solely be responsible for all usage or activity in your account after registration with the Licensed Application, including use of the account by any third party authorized by you. You agree that you will not use the Licensed Application to post pornographic content or content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language or market, or sell business, products or services that is illegal. Any fraudulent, abusive, misuse or otherwise illegal activity may be grounds for removal of such content and/or termination of your account at the Application Provider’s sole discretion. You will immediately notify the Application Provider at [email protected] / [email protected] of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. The Application Provider will not be liable for any losses caused to you, whether directly or indirectly for any unauthorised use of your account or for your failure or delay to intimate the Application Provider of known or suspected unauthorized use(s) of your account, or any known or suspected breach of security. You acknowledge and agree that upon your registration and use of the Licensed Application, the Application Provider will collect, use, store and archive information in accordance with the aforementioned privacy policy

Eligibility Criteria

The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by GoGrocer. By accepting these Terms & Conditions or by otherwise using the Services or the Site, You represent that You are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

Bill Payment

GoGrocer and/or the GoGrocer business partner or the biller reserve the right to charge a service fee or any other additional charge from the User, in addition to the fees for availing the Services. Fees structure can be revised by GoGrocer or GoGrocer business partner or the biller. GoGrocer offers a convenient and secure way to make payments towards Biller(s).

In using the Bill Payment Service, you agree to:

Provide true, accurate, current and complete information about yourself and your account information. If you provide any information that is untrue, inaccurate, not current or incomplete, or GoGrocer has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, GoGrocer has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).

GoGrocer assumes no responsibility and shall incur no liability if it is unable to complete the payment on Payment Date owing to any one or more of the following:

  If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid and delayed.

  If the Payment Account has insufficient funds/limits to cover for the payment amount.

  If your Bank refuses or delays honouring the Payment Instruction(s)

  If payment is not processed by biller upon receipt.

  Circumstances beyond the control of GoGrocer (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force)

In case the bill payment is not effected for any reason, you will be intimated about the failed payment by an e-mail or via a message on GoGrocer app or SMS

Delivery fee

GoGrocer offers a facility to Business partners on GoGrocer platform to charge a Delivery fee from users, in addition to or over & above the bill amount. Business partners have right to levy any charge on the transaction. Such charges are billed by the business partners and is not party to any such charge. GoGrocer is not liable for any dispute owing to the same.

Loyalty points OR Reward points

Loyalty program is a feature or facility offered by GoGrocer to business partners on GoGrocer platform. A business partner can avail the service and offer reward points to their customers on GoGrocer based on the terms or configuration of the Loyalty program activated. It helps business partners reach out to their most valuable customers directly and incentivize loyal customers through the program.

Business partner can set the terms of reward points earned on any transaction made by customer with the business. For instance, if the business partner choses to offer 20 points on a transaction of value Rs 100, customer earns 20 points, which can be redeemed to get transferred to the wallet.

Reward points can be earned on completion of a transaction which fulfil business partner’s Reward points program configuration.

Business partner has the rights to define the terms of the reward points program. Eligibility of a transaction to earn or burn is entirely dependent on the Business partner and GoGrocer is not responsible for the same.

Reward points are expired automatically if the Business partner is no longer operational / choses to leave GoGrocer platform / goes bankrupt / shuts business. GoGrocer is not liable to honour the reward points nor is liable for any potential loss of the consumer during such an event.

Reward points are not transferrable from one Business partner to another or from one user to another.

Refund of an equivalent value of Reward points is not possible under any circumstances. The only way to use Reward points is to burn / redeem them during eligible transactions with the respective Business partner.

GoGrocer offers a facility to consumers to redeem / apply / burn Reward points during the payment to the Business Partner. GoGrocer is not responsible for applying / redemption of the Reward points automatically without consumer initiation. No refund / resolution shall be offered by GoGrocer support team in such an event if the consumer misses to apply / burn / redeem loyalty points & completes the payment

Payment Gateway

The Licensed Application makes available a payment gateway through its approved payment processing provider(s). Your use of the payment gateway will be subject to receiving an approved status by the Application Provider, fulfilling the documentation and other requirements of the approved payment processing provider(s) and adhering to the terms and conditions of use prescribed by the payment processing provider(s). Please contact your concerned store or app sub-owner for any queries or refund as payment gateway accounts belongs to it.

Replacement, Refund, Dispute Policy

Any Return, Refund or dispute claim has to be made with the sub-owner of the app i.e. the name on which app has been issues. GoGrocer has no rights or authority to entertain such claims.

All Refunds will be credited to back to payment instrument used by you to complete the payment. It will take 3-21 days for the money to show in your bank account depending on payment participants involved in the payment, including, but not limited to your bank, payment gateway, bank used by payment gateway.

LIMITATION OF LIABILITY

IN NO EVENT SHALL THE APLLICATION PROVIDEDR OR ANY OF ITS SUBSIDIARIES OR AFFILIATES BE LIABLE TO YOU OR ANY PERSON FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION OR PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM) THAT ARE RELATED TO THE USE OF, OR THE INABILITY TO USE, THE SERVICES AND FUNCTIONS OF THE LICENSED APPLICATION OR ANY LINKED WEB SITE/ MOBILE APPLICATION, EVEN IF THE APPLICATION PROVIDER IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to indemnify and hold harmless the Application Provider, its subsidiaries and affiliates from any claim, cost, expense, judgment or other loss relating to your use of the Licensed Application, including without limitation of the foregoing, any action you take which is in violation of these Terms and Conditions.

NO THIRD PARTY BENEFICIARIES

This contract is solely for your benefit and the benefit of Application Provider.

SEVERABILITY

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms and Conditions to be unenforceable, the remainder of these Terms and Conditions will continue in full force and effect. Please email us at [email protected] if you have any questions regarding these Terms and Conditions.

ANDROID™ TERMS OF USE

You will be governed by any additional terms of use that may be specified by the Android™ store or platform from which you downloaded this Licensed Application.

I HAVE READ THE FULL END USER LICENSING AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I hereby agree to these End User Licensing Agreement.

The website www.GoGrocer.app is owned by Bisht Technologies Pvt. Ltd.