The following defined terms shall have the meanings set out below, unless otherwise specified:
1. "Affiliate" shall mean any person, directly or indirectly, controlling, controlled by, or under common control with paniwala. The term "control" shall include the right to appoint the majority of the directors or to control the management/ policy decisions exercisable by any person(s) acting individually or in concert, directly or indirectly, including by virtue of their shareholding or management rights or shareholders agreements or voting agreements or in any other manner.
2. "Products" shall mean the Drinking water cans which is listed and supplied by Third party supplier appointed by paniwala.co.in on the Platform.
3. "We", "Us" and "Our" shall mean paniwala.
4. "You", "Your", "Yourself" or "User" refers to a buyer, or any visitor on the Platform.
2. Account and Registration
- You are encouraged to register on the Platform by creating an Account (as defined below), and providing such other details as necessary, including your name (or the name of your business entity, as the case may be), address, mobile number and email address.
- In order to order water can, You must register on the Platform and create an account on the Platform, with a unique user identity and password (hereinafter referred to as "Account"). You may continue to order water until such time that you are registered on the Platform. You are responsible for maintaining the confidentiality of Your Account and the related details, and for restricting access to your computer and other electronic devices to prevent unauthorized access to Your Account. You agree to accept responsibility for all activities that occur under and in relation to Your Account (with or without your consent), and agree that paniwala shall not be liable in any manner whatsoever. You agree to notify us immediately if you have any reason to believe that Your Account information has become known to anyone else, or if the Account is being, or is suspected of being, used in an unauthorized manner. You must ensure that you exit from Your Account at the end of each session. You may be held liable for losses incurred by paniwala or any other User of the Platform due to any authorized or unauthorized use of Your Account for any reason attributable to You.
- You shall not have more than 1 (one) active Account on the Platform at any point of time. Use of another User's Account information is expressly prohibited. You are also prohibited from transferring Your Account to another party.
- You must also inform us immediately in the event of any change in the information provided by you. You can also update the Account related information provided by you, by visiting the appropriate section in the app]. paniwala reserves the right to restrict/ prohibit your access to the Platform and terminate your registration, at any time, without according any reason for doing so.
- The use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. If you are a minor i.e. under the age of 18 (eighteen) years, you shall not register yourself as a User on the Platform or transact on the Platform. You represent that you are of legal age to form a binding contract, and are not a person barred from selling or purchasing Products on the Platform under the applicable laws.
- You must have the requisite resources, including internet access and equipment to access and use the Platform, and paniwala shall not be liable or responsible for the same.
4. Obligations of Users
- You must not use the Platform in any way that causes, or is likely to cause, the Platform or the access thereto to be interrupted, damaged or impaired in any way. You understand that you, and not paniwala, are responsible for all electronic communications and content sent from your computer or other equipments and Your Account and You must use the Platform for lawful purposes only.
- You must not use the Platform to publish or share any material without having the right to do so;
- You must not use the Platform to host, display, upload, modify, publish, transmit, update, share, send, use or reuse any material/information that does not belong to You and You do not have any right to; or which is grossly harmful, illegal, offensive (including but not limited to material that is sexually explicit content or which promotes racism, bigotry, hatred or physical harm), deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, hateful or racial, disparaging or in breach of any intellectual property including, but not limited to, patent, trademark, copyright or other proprietary rights, confidentiality, privacy or any other proprietary right/ information; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, defence, security or sovereignty of India or its friendly relations with foreign states or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation; or which is otherwise unlawful in any manner whatsoever; or which consists of or contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or which deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- You must not use the Platform for fraudulent purposes, or in connection with any criminal offense or other unlawful activity;
- You must not use the Platform to cause any commercial solicitation, chain letters, mass mailings or any 'spam' to cause annoyance, inconvenience or needless anxiety; or
- You must not use the Platform to impersonate another person, or to deceive any other person about the origin of any communication, which is offensive.
5. Representations and Warranties of the Users
- By using the Platform, You are not violating any other terms, conditions or agreement to which You may be subject, and any law applicable to You;
- You own or otherwise control all of the rights to the content that You post or that You otherwise provide on or through the Platform;
- You shall use the Platform only for lawful purposes;
- As on the date that the content or material is submitted to paniwala: (a) the content and material is accurate; (b) use of the content and material supplied by You does not breach any applicable policies of paniwala or any applicable law, and (c) the use of the content and material will not cause injury to any person or entity.
- While We will attempt to ensure continued availability and access to the Platform, paniwala shall not be responsible for the delay or inability to use the Platform or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform whether based on contract, tort, negligence, strict liability or otherwise.
- paniwala shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond paniwala's reasonable control.
- paniwala does not represent that the Platform shall be uninterrupted and error-free.
- You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any resultant damage to Your computer and other systems and for any loss of data etc.
7. THIRD-PARTY SERVICES
In general, the third-party providers used by us will only Deliver water cans, collect, and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, certain third-party service providers, such as payment gateways and other payment transaction processors, have their own privacy policies in respect to the information we are required to provide to them for your purchase-related transactions.
For these providers, we recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
8. Indemnity and Liability
- You shall solely be responsible for any loss or damage caused to any data/ information shared by you, and you agree that paniwala and/or its Representatives shall not be liable for any loss/damage resulting therefrom.
- When You visit the Platform or send e-mails, or any other data, information, or communication to us, You agree and understand that You are communicating with Us through electronic means and You consent to receive communications via electronic means from Us periodically or as and when required. We may communicate with You by e-mail, Short Messaging Service (SMS), phone call, by posting notices on the Platform or by any other mode of communication as We deem fit.
- You can unsubscribe/opt-out from receiving communications from paniwala except those communications which relate to or arise out of the use of the Platform by You.
10. Claim against Objectionable Content
- Because of the volume and number of Products listed on the Platform and the number of Users who can access and use the Platform, it is not possible for us to be aware of the contents of each Product listed for sale, or each comment, feedback or review that is displayed on the Platform. Accordingly, paniwala cannot be held responsible or liable for the same, and such Objectionable Content (defined hereunder) shall be the responsibility of the person providing such content.
- paniwala operates on a 'notice and takedown' basis. If You believe that any content on the Platform is illegal, offensive deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, pornographic, paedophilic or menacing; ethnically objectionable, disparaging; or is otherwise injurious to third parties; or relates to or promotes money laundering or gambling; or is harmful to minors in any way; or impersonates another person; or threatens the unity, integrity, security or sovereignty of India or its friendly relations with foreign States; or is objectionable or otherwise unlawful in any manner whatsoever; or which contains any software viruses, ("Objectionable Content"), please notify Us immediately by sending an email to Us at firstname.lastname@example.org, with the subject line 'Claim against Objectionable Content'. Your email must contain details of the alleged Objectionable Content (including the reason for considering such content to be objectionable), your contact details (name, address, email address and contact number), and a statement confirming that all the information provide by you is correct and complete. paniwala will thereafter take appropriate measures as it deems fit, and if such content is found to be objectionable, paniwala will make all reasonable endeavours to remove such Objectionable Content from the Platform. You agree to fully co-operate with paniwala in any action that it may take in this regard.
11. Feedbacks and Reviews
- You may provide feedback in relation to the use of the Platform and Products. You agree to provide honest feedback, review and comments, and support the same with sufficient evidence as required by us.
- You are not in breach of any obligation (legal, contractual or otherwise) by sharing such feedback with us, and that you are not entitled to any compensation for provision of such feedback.
- In case of any termination, you shall immediately fulfill your pending obligations/ liabilities towards paniwala and/or any other User, resulting from use of the Platform.
- Force Majeure: paniwala will not be held responsible for any delay or failure to comply with our obligations hereunder, if the delay or failure arises from any cause which is beyond our reasonable control.
- Notices: For any queries relating to the Platform, You can reach out to us at contact-us.
- paniwala only Creates the Platform to the Service Provider and its Agents for selling the water cans through its platform (Paniwala Delivery app) to the consumers.
- paniwala is not responsible for causing any delay in case of Delivery of Water cans, delivered by its Service providers and its Agents to the consumers
- paniwala is not liable for any kind of illegal, offensive deceptive, misleading, abusive, indecent, harassing, blasphemous, defamatory, libelous, obscene, paedophilic or menacing, ethnically objectionable, disparaging, or otherwise any activity injurious or harming to the consumers in any way arising out Delivery of water cans by its Service Providers and its Agents.
- paniwala is not responsible for delivery of the Water cans, if it is not in good condition, delivered by its supplier/service provider or its agent and it is the sole responsibility of the supplier for delivery the product (water can) with his own / self-appointed delivery vehicle.
- You are supposed to keep the water cans in a good condition for other companies to take it back at the time of ordering the next water can.
An additional charge are applied for the delivery of water cans on higher floors that do not have elevator facilities. These charges are to be paid by you as per the suppliers norms.
- Food Safety and Standards Act, 2006: It is hereby clarified by paniwala that the liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely rest with the supplier/service provider or its agent and brand of any nature, in such as may be defined under the Food Safety and Standards Act, 2006 from time to time.
16. Cancellation & Refund Policy
- Order once delivered and after receiving of cans, there will be no cancellation or refund of the water cans.
- After placement of order, and order confirmation. User can request for cancellation before the delivery via app or via calling to customer support 9528627879 or via whatsapp or via email at email@example.com
- there will be refund for the can deposit amount, if the cans are purchased from Paniwala. There will be full refund of amount with a condition that can is not damaged or does not has leakage.
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Last Updated On 9th June, 2020