This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the following terms and conditions carefully before browsing, downloading, registering, accessing, or using the Dooze Application/ website (as defined below). By accessing, registering on, or using the Dooze Application or by using the services provided by Us, as defined below, You agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, You do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, You may not access or use the Dooze Application and terminate this Agreement, in terms hereof.
These Terms and Conditions (as may be amended from time to time, the “Agreement” or “Terms”) constitute a legal contract between You being a User of legal drinking age in your state of domicile (“You” or “User”), and Pomelo Flavormaker Merchandise and Events Private Limited, having its registered office at Flat No. 106 II F, New Asiatic Building, H – Block, New Delhi – 110001 (“Dooze”, “We” or “Us”).
Dooze owns and operates mobile applications namely “Dooze”, which provides a platform for liquor/alcoholic beverage manufacturers and distributors (“Sellers”) to showcase liquor and alcoholic beverages (“Products”) on the platform created by Dooze i.e., the Dooze Application, and enables You to search and pay for these Products through independent, licensed alcohol beverage retailers, and other licensees with retail privileges (hereinafter referred to as the “Merchant”). We act as an intermediary/ service provider, providing You with this platform enabling You to purchase the Products from the Merchant and We provide You with payment solutions, payment support services, technology solutions and other related / ancillary services (hereinafter referred to as the “Services”). All transactions through the Dooze Application are accepted, reviewed, and ultimately fulfilled by the Merchant. We do not warrant or take any responsibility or liability in respect of the services provided by the Merchant.
1. Eligibility to Use
By accessing the Dooze Application, You represent that You are of legal drinking age in your state of domicile and have not been previously suspended or prohibited from accessing the Dooze Application or otherwise availing the Services through the Dooze Application. You represent and warrant that You have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Your Registration and Account Obligations
You shall be solely responsible for maintaining the confidentiality of Your User ID and Pin/password (“Dooze Account”) and shall be responsible for all activities that occur under Your User ID. You agree that if You provide any information that is inaccurate, false, or incomplete or We have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false, or incomplete or not in accordance with this Agreement, we shall have the right to indefinitely suspend or terminate or block access of Your membership on the Dooze Application and refuse to provide You with access to the Dooze Application.
You also agree that Your User Profile is linked to your mobile number (issued by a valid operator in India) and your self-declared email id, both of which clearly identifies your Dooze Account.
As part of the Dooze’s registration process, Dooze will generate a secure SMS based One Time Pin (“OTP”) which will be sent to your registered mobile number to sign in to your Dooze Account. You are responsible for maintaining the integrity of the OTP with your Dooze Account and are fully responsible for all activities that occur under the Dooze Account.
You are fully responsible for providing the proper email id at the time of sign-up and You acknowledge to receive emails relating to product communications to Your registered email id.
Our official language of customer communication is English. By your acceptance of the T&C, we note your preference to receive all communications from Dooze in the English language.
You agree to:
a) Immediately notify Dooze of any unauthorized use of Your mobile number or the Dooze Account or any other breach of security, and
b) Ensure that You exit from Your Dooze Account at the end of each session.
Dooze shall not be liable for any loss, damage or other liability arising from Your failure to comply with this clause or from any unauthorized access to or use of the Dooze Account.
Registration using third-party accounts (Gmail, Facebook) and use of information from these accounts.
You may access the Application by registering to create an account (“Dooze Account“) and become a member (“Membership“); or you can also register to join by logging into your account with certain third-party social networking sites (“SNS“) (via Gmail and Facebook); each such account, a “Third Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Application services, you may link your Dooze Account with Third Party Accounts, by either:
- providing your Third-Party Account login information to us through the Application; or
- allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third-Party Accounts, you understand that Dooze will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Application via your Dooze Account. Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
Depending on the Third-Party Accounts, you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your Dooze Account on the Application.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Application.
3. Access to Dooze’s Services
Our Services enable You to search and pay for various Products with the Merchant. All transactions are solely made between You and the Merchant. You acknowledge and agree we do not sell, offer to sell, invite to sell, sell, or deliver the Products. In all instances, all sales are advertised, accepted, made, and delivered by the Merchants who receive all orders and offers.
Dooze grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and the Dooze Application, which shall be subject to the terms and conditions contained in this Agreement. The license allows You to use the Services for Your personal, non-commercial use. The license also allows You to download, install the Dooze Applications related to the Services on a mobile device that You own or control for Your personal non-commercial use. Dooze’s grant of the license does not permit You to duplicate, transfer, give access to, copy, or distribute any part of the Services in any way, or use the Services in any manner not consistent with the terms of this Agreement. All rights not expressly granted herein are reserved by Dooze.
4. Processing and Delivery of Products
Dooze does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) 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 and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to the respective party terms and conditions. Dooze takes no responsibility for such offers.
Dooze neither makes any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products 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 on the Platform. Dooze accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Before handing over of the Products to You, the Delivery Partner may validate your identity through an OTP. The onus of identity and age-verification lies with the Delivery Partner through the validation of the OTP. The Delivery Partner may refuse delivery if the recipient appears to be below the legal drinking age of the state of operation.
With regard to value of the Products, Dooze follows industry practice, by rounding off the value to the nearest Rupee (i.e., if the MRP of a product in the decimal point has fractions of less than 50 paise, it is ignored, and in the case of fractions more than 50 paise, they are rounded off to the nearest higher Rupee)
Neither Dooze, nor any officer, director, employee, shareholder, or agent of Dooze shall be liable to the User or any third party for any claims relating to the reservation and/or consumption of the Products or any consequences which may result thereof.
By completing a transaction on the Dooze Application, you agree that you are of the relevant legal age as per Applicable Law in the State in which you are domiciled, to reserve and thereafter consume such Products.
In the event that there is no individual who is of the relevant legal age or other requirements as per Applicable Laws in the State in which he is domiciled, to receive and consume such Products or such individual cannot complete the validation process via OTP or other excise prerequisites such as “permit”, the Delivery Partner may deny service of the Products. This reservation includes, but is not limited to the following:
a) An insane Person;
b) Persons known or believed to be drunk;
c) Persons known or suspected to be about to take part in a riot or disturbance of public peace or any other crime;
d) If a Person is an Excise Official, Police Officer, Railway Servant, and Motor Bus Chauffeur, on duty or in uniform;
e) Persons below the legal drinking age.
In case of Delivery, if the individual cannot provide valid identification showing the proof of his or her age or other excise or Application prerequisites such as “permit”, “OTP”, the Delivery Agent, or the Merchant may deny service of the Products. The aforementioned other reservations are also applicable.
The User understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from Delivery Partner and Merchants. Dooze will not be responsible for any delay in the delivery of an Order. The maximum time of delivery would be 2 hours from placement of order and 1 hour of picking up the consignment from the Seller’s shop within urban areas.
The Users may not be able to avail Services if their delivery location is outside Dooze’s current scope of Service. Dooze will keep the User informed of the same at the time of order booking. Dooze shall endeavor to make the Services available during Merchant or Delivery Partner’s working hours. However, Dooze does not represent that access to the Application will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
5. Delivery Partners
Dooze enables delivery of such Orders at select localities of serviceable cities across India (“Delivery Services”) by connecting third party service providers i.e., pick-up and delivery partners (“Delivery Partner”) who will be responsible for providing the pick-up and delivery services initiated by the users of the Platform (Users or Merchants). For both application services and delivery services, Dooze is merely acting as an intermediary between the Merchants and Users and/or Delivery Partners.
For the pickup and delivery services and completing the tasks, Dooze will partner with select Merchants and will charge the users of the Application, a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
Dooze shall not be responsible for the services provided by Delivery Partner to merchants/users through the Application.
Dooze does not make any representation or warranty with respect to any aspect of the services being provided by the Delivery Partners through the Application including but not limited to pick up and delivery services.
Dooze is not responsible for any non-performance or breach between Users, Merchants, and Delivery Partners on the Application. Dooze cannot and does not guarantee that the concerned Users, Merchants, and Delivery Partners will perform any transaction concluded on the Application. Dooze is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Dooze is only providing a platform that will enable the Users to place orders for product through select Merchants and for Merchants to provide the selected products to Delivery Partners for delivery at the Users address. Dooze is merely facilitating delivery services by connecting the select Merchants/Users with the Delivery Partners through the Application. In case of complaints by the Merchants/Users for deficiency or lapse in the delivery services or any service completion provided by Delivery Partners, Dooze shall notify the same to the Delivery Partners and also assist Merchants/Users to the best of its abilities to enable satisfactory resolution of the complaint.
6. Acceptable Use and Restrictions.
You agree to protect the Services, and their proprietary content, information, and other materials, from any unauthorized access or use, and You agree that you will not use the Services or such proprietary content, information, or other materials except as expressly permitted herein or expressly authorized by Us. You agree that:
(i) You will not use the Services if You are not fully able and legally competent to agree to these Terms;
(ii) You will not engage in any behavior which is in violation of any law in force;
(iii) You will not impersonate any other person or entity, falsely claim, or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity, or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds;
(iv) You will not infringe or try to infringe our or any third party’s intellectual properties including but not limited to patent, trademark, copyright, or other proprietary rights;
(v) You will not host, display, upload, modify, publish, transmit, update, or share any message / information which is libelous, defamatory or which discloses private or personal matters concerning any person;
(vi) You will not host, display, upload, modify, publish, transmit, update, or share any message, data, image, or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, pedophilic, disparaging, relating, or encouraging money laundering or gambling, or otherwise unlawful in any manner;
(vii) You will not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Dooze, the Merchant, if required by any law enforcement, legal or government agencies or Merchant;
(viii) You will not remove, circumvent, disable, damage, or otherwise interfere with security-related features of the Services and the Dooze Application or features that prohibit access to the Dooze Application or the Services in any manner or enforce limitations on the use of the Services;
(ix) You will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Dooze Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
(x) You will not attempt to obtain any information or content from the Services using any robot, spider, scraper, or other automated means for any purpose;
(xi) You will keep secure and confidential your details of the Dooze Account or any identification we provide you which allows access to the Services;
(xii) You will only use an access point or data account which you are authorized to use;
(xiii) If You choose to use the Platform, it shall be your responsibility to treat your user identification code, password, and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
(xiv) The Products will be deemed to be sold only at places which are licensed premises as per Applicable Laws.
(xv) You will provide proof of identity and age reasonably requested by the Delivery Partner via OTP.
(xvi) You will not use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner.
(xvii) You will not breach this Agreement and terms and conditions thereof or any other rule, regulation, or policy, as introduced by us from time to time;
(xviii) Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties, and other liability to HipBar, a third party or You;
(xix) You shall not hold Dooze liable for any Services provided by them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues.
(xx) The Users agrees and undertake that they will not provide the address of any public place including but not limited to educational institution, hospital, religious places as delivery address for the Order. If the delivery address is found to be the address of a public place, Dooze reserves the right to immediately cancel the Order without being liable to process any refund.
7. Pricing
The prices of the Products published on the Dooze Application are prices based on pricing information provided to Us by the Merchant and may not always reflect the prevailing pricing. The Merchant reserves the right to determine final prices of all their Products in consonance with the prevalent excise laws.
8. Accessing Application from mobile device
In the event the Application is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android, or RIM Blackberry (each being an “Operator”).
Your download, installation, access to or use of the Application is also bound by the terms and conditions of the Operator.
You and Dooze acknowledge that these Terms of Use are concluded between you and Dooze only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Application is limited to a non-transferable license to use the Application on a mobile device that you own or control and as permitted by these Terms of Use.
Dooze is solely responsible for providing any maintenance and support services with respect to the Application as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.
You and we acknowledge that, in the event of any third-party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third-party terms of agreement when using the Application (e.g., you must ensure that your use of the Application is not in violation of your mobile device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof.
9. Indemnification
You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Dooze Application, violation by You of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve our right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.
10. Liabilities and Damages
In no event will We or our contractors, directors, officers, agents, licensors, partners be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this Agreement, and (ii) the use or inability use the Dooze Application.
Prices on any product(s) as reflected on the Application may be due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel the User’s Order(s). Dooze does not represent or warranty that the information available on the Application will be correct, accurate or otherwise reliable. The Application may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
Dooze expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
11. Disclaimer: No Warranties
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR DOOZE ACCOUNT WITH US.
DOOZE’S APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE DOOZE APPLICATION, IS PROVIDED ‘AS IS.’ TO THE FULLEST EXTENT PERMISSIBLE BY LAW, DOOZE AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT/SERVICES ON THE DOOZE APPLICATION, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH PLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH PLATFORM OR ANY LINKED SITE. FURTHER DOOZE DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. DOOZE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON DOOZE APPLICATION, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE. DOOZE SHALL NOT BE LIABLE FOR THE USE OF DOOZE APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDS YOU FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, EXCEED INR 100.
12. Ownership: Proprietary Rights
All rights, including copyright, in the Dooze Application are owned or controlled for these purposes by Us. Except where expressly stated otherwise, You are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt, or change in any way the content on the Dooze Application for any purpose whatsoever without Our prior written permission. Violators will be prosecuted to the maximum extent possible under Applicable Laws. Any other rights, not expressly granted herein, are reserved.
The Dooze Application includes a combination of content that We create, that our partners or licensors or associates create, and that the Sellers/Merchants may create. All materials published on the Dooze Application, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform, or display, or in any way exploit any of the materials or content on the Dooze Application or on its websites in whole or in part.
If We find any contents or materials published on the Dooze Application or on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you shall refrain from use of such materials or contents and shall bear all risks associated with using that content. You unequivocally agree not to publish or post such material in Your content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
All names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on the Dooze Application belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights, or intellectual and proprietary rights on the Dooze Application under license or rights or affiliation with the said person, entity or third party.
13. Termination of Agreement
Termination by Us: You agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your Dooze Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. You agree that any termination may be affected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive, or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
Termination by You: You may terminate this Agreement at any point in time by cancelling your membership with Dooze.
14. Consequence of Termination
Upon termination of this Agreement for any reason, We will block Your access to the Application and delete Your Dooze Account.
15. Advertisements
We do not in any way warrant or represent the quality or nature of the Products which may be advertised on the Dooze Application. Your correspondence or dealings with, or participation in promotions of advertisers displayed on the Dooze Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser / third party. We shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Dooze Application or Dooze’s website, and any such interaction with a third-party advertiser shall be undertaken by You at your sole risk and liability.
16. Modification of this Agreement
We reserve the exclusive right to change, modify, add, delete, or remove portions of this Agreement at any time by posting a notification on the Dooze Application or otherwise communicating the said notification to You. The changes will become effective and shall be deemed accepted by You, 24 (twenty-four) hours after the initial posting and shall be applicable immediately on a going-forward basis. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate this Agreement in accordance with the clause above. If you continue to use the Application, it will be deemed as your acceptance to the terms.
17. Waiver
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by our authorized signatory.
18. Your Data.
When you use the Services, you understand and agree We may collect, use, and disclose information about you as described in our Privacy Policy located here.
19. Notice
We may provide You with notices and communications by email, regular mail, or postings on the Dooze Application or Dooze’s website or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by courier or registered mail to: Flat No. 106 II F, New Asiatic Building, H – Block, New Delhi – 110001.
20. Governing Law
You agree that courts in New Delhi, India, shall have exclusive jurisdiction in respect of disputes between us. This Agreement shall be governed by the laws of India.
21. Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
22. Assignment
This Agreement, and any rights granted hereunder, may not be transferred, or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
23. Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
24. Contact Information
You can send in your queries, requests, or complaints in the following ways:
A) Online chat: Open the Dooze Application ->Go to the My Profile Section->Click on Help & Support and post a query, We will respond once we review your query.
B) Email: Write to us at [email protected] and submit your queries.
You have the right to register a complaint if you are not satisfied with any of the following:
· Services provided by Dooze.
· Payment system/ prepaid instrument errors.
· Unhappy with the quality of customer service provided.
· Or any other grievances.
25. CUSTOMER GRIEVANCES
In the event some or all the products delivered to the You are broken / damaged or expired, You will have to notify the same by following the steps mentioned in the Grievance policy. You will have to raise such cases within 10 mins of order delivery. We will not be liable to take any actions if You do not raise such cases in the defined time period. We might also require You to furnish proof, in the form of images, to substantiate the claims. Raising such a claim does not guarantee a refund or redressal. We will only take proper corrective action, once we’ve validated the issues raised from your end.
If you are not satisfied with the resolution provided by our level 1 escalation, you can further escalate the concern to a higher level as mentioned in our Customer Grievance policy here.
26. Know Your Customer (KYC)
KYC refers to the various norms, rules, laws, and statutes issued by various government authorities including the Reserve Bank of India from time to time. As required by government authorities, including excise authorities, Dooze, the Merchant, may be required to procure personal identification details from you before any Services can be delivered and at the time of registration and/ or on a later date. You agree that:
i. Dooze shall not be responsible for wrong details being entered by the User.
ii. In the event the beneficiary/KYC details provided are found to be incorrect/ insufficient, Dooze retains the right to block Your Dooze account. Dooze retains the right to share the details of the transaction undertaken using the Dooze Account and the end beneficiary/ KYC details with RBI, as per statutory guidelines issued from time to time. If the KYC details provided by you are invalid, you are liable for the consequences or action taken by the relevant regulatory authorities of your jurisdiction; and
iii. The collection, verification, audit, and maintenance of correct and updated customer information is a continuous process, and We reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
Subject to guidelines/notifications issued by various government authorities including the Reserve Bank of India from time to time, the KYC norms may be reviewed and modified at the discretion of Dooze without prior intimation to You.
27. Communication
You agree to receive certain specific emails from us. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from us and our members. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register. This consent extends to emails, messages or calls relating to your association with the Dooze Application and/ or Dooze’s website under these Terms.
28. Delivery Booking and Financial Terms
In case of Delivery, there is no warranty that the product delivery or handover will depend on the Product’s availability at that particular time at that particular store/Merchant. It completely depends on the Merchant’s discretion to Accept/Reject any order.
The Merchant shall be solely responsible for any warranty/guarantee of the liquor products Delivered/Handed Over to the Users and in no event shall be the responsibility of Dooze.
The transaction is bilateral between the Merchant and User and therefore, Dooze is not liable to charge or deposit any taxes applicable on such transactions.
You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from You on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.
The final tax bill will be issued by Dooze on behalf of the Merchant to the User along with the order. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. The same will be payable to the Merchant and will be collected by Dooze. Dooze holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
29. Cancellations, Partial Orders and Refunds
a) Cancellation
As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same from the Merchant after placing of order. If you cancel your order after it has been confirmed, Dooze shall have a right to charge you a cancellation fee corresponding to the order value (inclusive of applicable taxes), with a right to not refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our Merchant and delivery agents.
b) Partial Order
However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number or through the Dooze Application, provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to modify or cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
We reserve the sole right to modify/cancel your order in the following circumstance:
i. in the event of You having already opted for partial order acceptance during the placement of order;
ii. in the event of the designated address falls outside the delivery zone offered by us;
iii. failure to contact you by phone or email at the time of confirming the order booking;
iv. failure to deliver your order due to lack of information, direction, or authorization from you at the time of delivery; or
v. unavailability of all the items ordered by you at the time of booking the order.
c) Refunds
In certain cases, refunds may apply. This will be determined on a case-by-case basis evaluating credibility of relevant circumstances on the full discretion of Dooze.
You shall be entitled to a refund only in the event of any of the following circumstances:
i. Your Product(s) has been tampered or damaged at the time of delivery;
ii. Us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or
iii. Our decision on refunds shall be at our sole discretion and shall be final and binding.
iv. All refund amounts shall be credited to your respective Bank account within 5-7 business days in accordance with the terms stipulated by Your Bank.