SERVE14 - Terms of Use – V01 – November 2020
This document is an electronic record in terms of Information Technology
Act, 2000 and rules there under as applicable and the amended provisions
pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000. This document is published in accordance
with the provisions of Rule 3 (1) of the Information Technology
(Intermediaries guidelines) Rules, 2011 that require publishing the rules
and regulations, privacy policy and Terms of Use for access or usage of
www.serve14.com website and Serve14 application for mobile and handheld
devices.
Terms of Use
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These terms of use (the "Terms of Use")
govern your use of our website www.serve14.com (the
"Website") and our "Serve14"
application for mobile and handheld devices (the
"App"). The Website and the App are jointly
referred to as the "Platform". Please read
these Terms of Use carefully before you use the services. If you do not
agree to these Terms of Use, you may not use the services on the
Platform, and we request you to uninstall the App. By installing,
downloading or even merely using the Platform, you shall be contracting
with Serve14 and you signify your acceptance to this Terms of Use and
other Serve14 policies (including but not limited to the Cancellation
& Refund Policy, Privacy Policy and Take Down Policy) as posted on
the Platform and amended from time to time, which takes effect on the
date on which you download, install or use the Platform, and create a
legally binding arrangement to abide by the same.
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The Platform is owned and operated by Serve14 Private Limited, a private
limited company incorporated under the Companies Act, 2013 (18 of 2013)
& rule 18 of the Companies (Incorporation) Rules, 2014 and having
its registered office No.6, Bishnu Rava Ali, Usha Nagar, Town Tezpur,
Tezpur, Sonitpur, Assam, India, 784001. For the purpose of these Terms
of Use, wherever the context so requires, "you",
“user”, or “User” shall mean any natural or
legal person who shall transaction on the Platform by providing
registration data while registering on the Platform as a registered user
using any computer systems. The terms "Serve14",
"we", "us" or "our" shall mean Serve14
Private Limited.
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Serve14 enables transactions on its Platform between participating
restaurants/merchants and buyers, dealing in (a) prepared food and
beverages, (b) consumer goods, and (c) other products and services
("Platform Services"). The buyers
("Buyer/s") can choose and place orders
("Orders") from a variety of products and
services listed and offered for sale by various merchants including but
not limited to the restaurants, eateries and grocery stores
("Merchant/s"), on the Platform. Further, the
Buyer can also place Orders for undertaking certain tasks on the
Platform (“Tasks”).
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Serve14 enables delivery of such Orders or completion of Tasks at select
localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and
delivery partners (“PDP”) who will be
responsible for providing the pick-up and delivery services and
completing Tasks initiated by the users of the Platform (Buyers or
Merchants). The Platform Services and Delivery Services are collectively
referred to as "Services". For both Platform
Services and Delivery Services, Serve14 is merely acting as an
intermediary between the Merchants and Buyers and/or PDPs and
Buyers/Merchants.
PDPs are individual entrepreneurs engaged with Serve14 on a voluntary,
non-exclusive and principal to principal basis to provide aforementioned
services for service fee. PDPs are independent contractors and are free
to determine their timings of work. Serve14 does not exercise
control on the PDPs and the relationship between the PDPs and Serve14 is
not that of an agent and principal or employee and employer.
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For the pickup and delivery services and completing the Tasks, PDPs may
charge the users of the Platform (Buyers or Merchants), 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.
- Amendments
These Terms of Use are subject to modifications. We reserve the right to
modify or change these Terms of Use and other Serve14 policies at any time
by posting modified documents on the Platform and notifying you of the
same for your perusal. You shall be liable to update yourself of such
changes, if any, by accessing the same. You shall, at all times, be
responsible for regularly reviewing the Terms of Use and the other Serve14
policies and note the changes made on the Platform. Your continued usage
of the Services after any change is posted constitutes your acceptance of
the amended Terms of Use and other Serve14 policies. As long as you comply
with these Terms of Use, Serve14 grants you a personal, non-exclusive,
non-transferable, limited privilege to access, enter, and use the
Platform. By accepting these Terms of Use, you also accept and agree to be
bound by the other terms and conditions and Serve14 policies (including
but not limited to Cancellation & Refund Policy, Privacy Policy and
Notice and Take Down Policy) as may be posted on the Platform from time to
time.
- Use of Platform and Services
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1.All commercial/contractual terms are offered by and
agreed to between Buyers and Merchants alone with respect to products
and services being offered by the Merchants. The commercial/contractual
terms include without limitation price, applicable taxes, shipping
costs, payment terms, date, period and mode of delivery, warranties
related to products and services and after sales services related to
products and services. Serve14 does not have any control or does not
determine or advise or in any way involve itself in the offering or
acceptance of such commercial/contractual terms between the Buyers and
Merchants. Serve14 may, however, offer support services to Merchants in
respect to Order fulfilment, mode of payment, payment collection, call
centre support and other ancillary services, pursuant to independent
contracts executed by Serve14 with the Merchants. The price of the
product and services offered by the Merchant are determined by the
Merchant itself and Serve14 has no role to play in such determination of
price in any way whatsoever.
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2.Upon acceptance of any Order or Task by the PDPs, the
pickup and delivery services or Task completion services (as the case
may be) undertaken by him/her, shall constitute a separate contract for
services between Merchants/Buyers and PDPs. Serve14 shall not be
responsible for the services provided by PDP to Merchants/Buyers through
the Platform. Serve14 may, however, offer support services to PDPs in
respect of Order fulfilment, payment collection, call centre support,
and other ancillary services, pursuant to independent contracts
executed by Serve14 with the PDPs.
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3.Serve14 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 respective party terms and
conditions. Serve14 takes no responsibility for such offers.
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4.Serve14 neither make any representation or warranty as
to specifics (such as quality, value, salability, etc.) of the products
or services proposed to be sold or offered to be sold or purchased on
the Platform nor does implicitly or explicitly support or endorse the
sale or purchase of any products or services on the Platform. Serve14
accepts no liability for any errors or omissions, whether on behalf of
itself or third parties.
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5.Serve14 does not make any representation or warranty
with respect to any aspect of the services being provided by the PDPs
through the Platform including but not limited to pick up and delivery
services and Task completion services to the Merchants or Buyers as the
case may be.
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6.Serve14 is not responsible for any non-performance or
breach of any contract entered into between Buyers and Merchants, and
between Merchants/Buyers and PDP on the Platform. Serve14 cannot and
does not guarantee that the concerned Buyers, Merchants and PDPs will
perform any transaction concluded on the Platform. Serve14 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.
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7.Serve14 is operating an online marketplace and assumes
the role of facilitator, and does not at any point of time during any
transaction between Buyer and Merchant and/or Buyer and PDP on the
Platform come into or take possession of any of the products or services
offered by Merchant or PDP. At no time shall Serve14 hold any right,
title or interest over the products nor shall Serve14 have any
obligations or liabilities in respect of such contract entered into
between Buyer and Merchant and/or Buyer and PDP.
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8.Serve14 is only providing a platform for communication
and it is agreed that the contract for sale of any of the products or
services shall be a strictly bipartite contract between the Merchant and
the Buyer. In case of complaints from the Buyer pertaining to efficacy,
quality, or any other such issues, Serve14 shall notify the same to
Merchant and shall also redirect the Buyer to the consumer call center
of the Merchant. The Merchant shall be liable for redressing Buyer
complaints. In the event you raise any complaint on any Merchant
accessed using our Platform, we shall assist you to the best of our
abilities by providing relevant information to you, such as details of
the Merchant and the specific Order to which the complaint relates, to
enable satisfactory resolution of the complaint.
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9.Similar to the above, Serve14 is only providing a
platform for communication with PDP and does not provide any pick-up and
delivery services or Task completion services with respect to the Orders
placed by Merchants/Buyers on the Platform as it is merely facilitating
Delivery Services by connecting the Merchants/Buyers with the PDP
through the Platform. In case of complaints by the Merchants/Buyers for
deficiency or lapse in the delivery services or Task completion services
provided by PDP, Serve14 shall notify the same to the PDP and also
assist Merchants/Buyers to the best of its abilities to enable
satisfactory resolution of the complaint.
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10.Please note that there could be risks in dealing with
underage persons or people acting under false pretence.
- 11.Serve14 - Use of the Website and Apps (Android)=
You agree, undertake and confirm that your use of Platform shall be
strictly governed by the following binding principles:
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You shall not host, display, upload, download, modify, publish,
transmit, update or share any information which:
- belongs to another person and which you do not have any right to;
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is grossly harmful, harassing, blasphemous, defamatory, obscene,
pornographic, paedophilic, libellous, slanderous, criminally inciting or
invasive of another's privacy, hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise unlawful in any manner whatsoever; or unlawfully
threatening or unlawfully harassing including but not limited to
"indecent representation of women" within the meaning of the
Indecent Representation of Women (Prohibition) Act, 1986;
- is misleading or misrepresentative in any way;
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is patently offensive to the online community, such as sexually explicit
content, or content that promotes obscenity, paedophilia, racism,
bigotry, hatred or physical harm of any kind against any group or
individual;
- harasses or advocates harassment of another person;
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involves the transmission of "junk mail", "chain
letters", or unsolicited mass mailing or "spamming";
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promotes illegal activities or conduct that is abusive, threatening,
obscene, defamatory or libellous;
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infringes upon or violates any third party's rights including, but
not limited to, intellectual property rights, rights of privacy
(including without limitation unauthorized disclosure of a person's
name, email address, physical address or phone number) or rights of
publicity;
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promotes an illegal or unauthorized copy of another person's
copyrighted work (see "copyright complaint" below for
instructions on how to lodge a complaint about uploaded copyrighted
material), such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect
devices, or providing pirated music or links to pirated music files;
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contains restricted or password-only access pages, or hidden pages or
images (those not linked to or from another accessible page);
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provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or solicits personal information from anyone;
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provides instructional information about illegal activities such as
making or buying illegal weapons, violating someone's privacy, or
providing or creating computer viruses;
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contains video, photographs, or images of another person (with a minor
or an adult);
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tries to gain unauthorized access or exceeds the scope of authorized
access to the Platform or to profiles, blogs, communities, account
information, bulletins, friend request, or other areas of the Platform
or solicits passwords or personal identifying information for commercial
or unlawful purposes from other users;
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engages in commercial activities and/or sales without our prior written
consent such as contests, sweepstakes, barter, advertising and pyramid
schemes, or the buying or selling of products related to the Platform.
Throughout these Terms of Use, Serve14's prior written consent
means a communication coming from Serve14's Legal Department,
specifically in response to your request, and expressly addressing and
allowing the activity or conduct for which you seek authorization;
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solicits gambling or engages in any gambling activity which is or could
be construed as being illegal;
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interferes with another user's use and enjoyment of the Platform or
any third party's user and enjoyment of similar services;
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refers to any website or URL that, in our sole discretion, contains
material that is inappropriate for the Platform or any other website,
contains content that would be prohibited or violates the letter or
spirit of these Terms of Use;
- harm minors in any way;
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infringes any patent, trademark, copyright or other intellectual
property rights or third party's trade secrets or rights of
publicity or privacy or shall not be fraudulent or involve the sale of
counterfeit or stolen products;
- violates any law for the time being in force;
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deceives or misleads the addressee/users about the origin of such
messages or communicates any information which is grossly offensive or
menacing in nature;
- impersonate another person;
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contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any
computer resource; or contains any trojan horses, worms, time bombs,
cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, diminish value of, surreptitiously
intercept or expropriate any system, data or personal information;
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threatens the unity, integrity, defence, security or sovereignty of
India, friendly relations with foreign states, or public order or causes
incitement to the commission of any criminal offence or prevents
investigation of any offence or is insulting any other nation;
- is false, inaccurate or misleading;
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directly or indirectly, offers, attempts to offer, trades or attempts to
trade in any item, the dealing of which is prohibited or restricted in
any manner under the provisions of any applicable law, rule, regulation
or guideline for the time being in force; or
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creates liability for us or causes us to lose (in whole or in part) the
services of our internet service provider or other suppliers.
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You shall not use any "deep-link", "page-scrape",
"robot", "spider" or other automatic device,
program, algorithm or methodology, or any similar or equivalent manual
process, to access, acquire, copy or monitor any portion of the Platform
or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Platform or any Content, to obtain or
attempt to obtain any materials, documents or information through any
means not purposely made available through the Platform. We reserve our
right to prohibit any such activity.
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You shall not attempt to gain unauthorized access to any portion or
feature of the Platform, or any other systems or networks connected to
the Platform or to any server, computer, network, or to any of the
services offered on or through the Platform, by hacking, "password
mining" or any other illegitimate means.
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You shall not probe, scan or test the vulnerability of the Platform or
any network connected to the Platform nor breach the security or
authentication measures on the Platform or any network connected to the
Platform. You may not reverse look-up, trace or seek to trace any
information on any other user of or visitor to Platform, or any other
Buyer, including any account on the Platform not owned by you, to its
source, or exploit the Platform or any service or information made
available or offered by or through the Platform, in any way where the
purpose is to reveal any information, including but not limited to
personal identification or information, other than your own information,
as provided for by the Platform.
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You shall not make any negative, denigrating or defamatory statement(s)
or comment(s) about us or the brand name or domain name used by us
including the name 'Serve14', or otherwise engage in any
conduct or action that might tarnish the image or reputation, of Serve14
or Merchant on platform or otherwise tarnish or dilute any
Serve14's trade or service marks, trade name and/or goodwill
associated with such trade or service marks, as may be owned or used by
us. You agree that you will not take any action that imposes an
unreasonable or disproportionately large load on the infrastructure of
the Platform or Serve14's systems or networks, or any systems or
networks connected to Serve14.
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You agree not to use any device, software or routine to interfere or
attempt to interfere with the proper working of the Platform or any
transaction being conducted on the Platform, or with any other
person's use of the Platform.
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You may not forge headers or otherwise manipulate identifiers in order
to disguise the origin of any message or transmittal you send to us on
or through the Platform or any service offered on or through the
Platform. You may not pretend that you are, or that you represent,
someone else, or impersonate any other individual or entity.
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You may not use the Platform or any content on the Platform for any
purpose that is unlawful or prohibited by these Terms of Use, or to
solicit the performance of any illegal activity or other activity that
infringes the rights of Serve14 and/or others.
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You shall at all times ensure full compliance with the applicable
provisions, as amended from time to time, of (a) the Information
Technology Act, 2000 and the rules thereunder; (b) all applicable
domestic laws, rules and regulations (including the provisions of any
applicable exchange control laws or regulations in force); and (c)
international laws, foreign exchange laws, statutes, ordinances and
regulations (including, but not limited to sales tax/VAT, income tax,
octroi, service tax, central excise, custom duty, local levies)
regarding your use of our service and your listing, purchase,
solicitation of offers to purchase, and sale of products or services.
You shall not engage in any transaction in an item or service, which is
prohibited by the provisions of any applicable law including exchange
control laws or regulations for the time being in force.
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In order to allow us to use the information supplied by you, without
violating your rights or any laws, you agree to grant us a
non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright,
publicity, database rights or any other rights you have in your
Information, in any media now known or not currently known, with respect
to your Information. We will only use your information in accordance
with these Terms of Use and Privacy Policy applicable to use of the
Platform.
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From time to time, you shall be responsible for providing information
relating to the products or services proposed to be sold by you. In this
connection, you undertake that all such information shall be accurate in
all respects. You shall not exaggerate or overemphasize the attributes
of such products or services so as to mislead other users in any manner.
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You shall not engage in advertising to, or solicitation of, other users
of the Platform to buy or sell any products or services, including, but
not limited to, products or services related to that being displayed on
the Platform or related to us. You may not transmit any chain letters or
unsolicited commercial or junk email to other users via the Platform. It
shall be a violation of these Terms of Use to use any information
obtained from the Platform in order to harass, abuse, or harm another
person, or in order to contact, advertise to, solicit, or sell to
another person other than us without our prior explicit consent. In
order to protect our users from such advertising or solicitation, we
reserve the right to restrict the number of messages or emails which a
user may send to other users in any 24-hour period which we deem
appropriate in its sole discretion. You understand that we have the
right at all times to disclose any information (including the identity
of the persons providing information or materials on the Platform) as
necessary to satisfy any law, regulation or valid governmental request.
This may include, without limitation, disclosure of the information in
connection with investigation of alleged illegal activity or
solicitation of illegal activity or in response to a lawful court order
or subpoena. In addition, We can (and you hereby expressly authorize us
to) disclose any information about you to law enforcement or other
government officials, as we, in our sole discretion, believe necessary
or appropriate in connection with the investigation and/or resolution of
possible crimes, especially those that may involve personal injury.
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We reserve the right, but has no obligation, to monitor the materials
posted on the Platform. Serve14 shall have the right to remove or edit
any content that in its sole discretion violates, or is alleged to
violate, any applicable law or either the spirit or letter of these
Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE
FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR
PRIVATE MESSAGES. Please be advised that such Content posted does not
necessarily reflect Serve14 views. In no event shall Serve14 assume or
have any responsibility or liability for any Content posted or for any
claims, damages or losses resulting from use of Content and/or
appearance of Content on the Platform. You hereby represent and warrant
that you have all necessary rights in and to all Content which you
provide and all information it contains and that such Content shall not
infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
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Your correspondence or business dealings with, or participation in
promotions of, advertisers found on or through the Platform, including
payment and delivery of related products or services, and any other
terms, conditions, warranties or representations associated with such
dealings, are solely between you and such advertiser. We shall not be
responsible or liable for any loss or damage of any sort incurred as the
result of any such dealings or as the result of the presence of such
advertisers on the Platform.
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It is possible that other users (including unauthorized users or
'hackers') may post or transmit offensive or obscene materials
on the Platform and that you may be involuntarily exposed to such
offensive and obscene materials. It also is possible for others to
obtain personal information about you due to your use of the Platform,
and that the recipient may use such information to harass or injure you.
We do not approve of such unauthorized uses, but by using the Platform
You acknowledge and agree that we are not responsible for the use of any
personal information that you publicly disclose or share with others on
the Platform. Please carefully select the type of information that you
publicly disclose or share with others on the Platform.
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Serve14 shall have all the rights to take necessary action and claim
damages that may occur due to your involvement/participation in any way
on your own or through group/s of people, intentionally or
unintentionally in DoS/DDoS (Distributed Denial of Services), hacking,
pen testing attempts without our prior consent or a mutual legal
agreement.
- Account Registration
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1.You may access the Platform by registering to create an
account (" Serve14 Account") and become a
member (" Membership"); or (c) you can also
register to join by logging into your account with certain third party
social networking sites ("SNS") (including,
but not limited to, 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 Platform services, you may link your Serve14
Account with Third Party Accounts, by either:
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providing your Third Party Account login information to us through the
Platform; or
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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.
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2.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.
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3.By granting us access to any Third Party Accounts, you
understand that we 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 Platform via your Serve14 Account.
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4.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.
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5.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 Serve14
Account on the Platform.
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6.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 Platform.
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7.We will create your Serve14 Account for your use of the
Platform services based upon the personal information you provide to us
or that we obtain via SNS, as described above. You can only have one
Serve14 Account and are not permitted to create multiple accounts.
Serve14 reserves the right to suspend such multiple accounts without
being liable for any compensation where you have created multiple
accounts on the Platform.
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8.You agree to provide accurate, current and complete
information during the registration process and update such information
to keep it accurate, current and complete.
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9.We reserve the right to suspend or terminate your
Serve14 Account and your access to the Services (i) if any information
provided during the registration process or thereafter proves to be
inaccurate, not current or incomplete; (ii) if it is believed that your
actions may cause legal liability for you, other users or us; and/or
(iii) if you are found to be non-compliant with the Terms of Use or
other Serve14 policies.
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10.You are responsible for safeguarding your password. You
agree that you will not disclose your password to any third party and
that you will take sole responsibility for any activities or actions
under your Serve14 Account, whether or not you have authorized such
activities or actions. You will immediately notify us of any
unauthorized use of your Serve14 Account.
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11.Goods and services purchased from the Platform are
intended for your personal use and you represent that the same are not
for resale or you are not acting as an agent for other parties.
- Order Booking and Financial Terms
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1.The Platform allows the Buyers to place Orders and upon
acceptance of such Orders by the Merchants, Serve14 will, subject to the
terms and conditions set out herein, facilitates delivery of goods or
services, or completion of Tasks through PDP.
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2.Serve14 does not own, sell, resell on its own such
products offered by the Merchants, and/or does not control the Merchants
or the related services provided in connection thereof. Buyer
understands that any Order that he/she places shall be subject to the
terms and conditions set out in these Terms of Use including, but not
limited to, product availability, delivery location serviceability, and
acceptance of Orders by Merchants/PDPs.
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3.As a general rule, all Orders placed on the Platform and
Delivery Services are treated as confirmed.
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4.However, upon Buyer’s successful completion of
booking an Order, we may call the Buyer on the telephone or mobile
number provided to confirm the details of such Order, price to be paid
and the estimated delivery time. For this purpose, Buyer will be
required to share certain information with us, including but not limited
to Buyer’s (i) first and last name (ii) mobile number; and (iii)
email address. It shall be Buyer’s sole responsibility to bring
any incorrect details to our attention.
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5.In addition to the foregoing, we may also contact you by
phone and / or email to inform and confirm any change in the Order, due
to availability or unavailability or change in Order or change in price
of any item in the Order as informed by the Merchant. Please note that
any change or confirmation of the Order shall be treated as final. It is
clarified that Serve14 reserves the right to not to process Buyer's
Order in the event Buyer or Merchant or PDP is unavailable on the phone
or any other means of communication at the time when we call you for
confirming the Order and such event the provisions of the Cancellation
and Refund Policy shall be applicable.
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6.All payments made against the Orders or Services on the
Platform by you shall be compulsorily in Indian Rupees acceptable in the
Republic of India. The Platform will not facilitate transactions with
respect to any other form of currency with respect to the Orders or
Services made on Platform. You can pay by (i) credit card or debit card
or net banking; (ii) any other RBI approved payment method at the time
of booking an Order; or (iii) credit or debit card or cash at the time
of delivery. You understand, accept and agree that the payment facility
provided by Serve14 is neither a banking nor financial service but is
merely a facilitator providing an electronic, automated online
electronic payment, receiving payment on delivery, collection and
remittance facility for the transactions on the Platform using the
existing authorized banking infrastructure and credit card payment
gateway networks. Further, by providing payment facility, Serve14 is
neither acting as trustees nor acting in a fiduciary capacity with
respect to the transaction or the transaction price.
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7.Buyers acknowledge and agree that Serve14 acts as the
Merchant's and PDP’s payment agent for the limited purpose of
accepting payments from Buyers/Merchants on behalf of the Merchant or
PDP, as the case may be. Upon your payment of amounts to us, which are
due to the Merchant or PDP, your payment obligation to the Merchant or
PDP for such amounts is completed, and we are responsible for remitting
such amounts to the Merchant or PDP. You shall not, under any
circumstances whatsoever, make any payment directly to the Merchant for
Order bookings or to the PDP for delivery of the Order or completion of
the Task made using the Platform.
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8.Buyer agrees to pay for the total amount for the Order
placed on the Platform. Serve14 will collect the total amount in
accordance with these Terms of Use and the pricing terms set forth in
the applicable listing of product or restaurant service for the
particular Merchant, apart from the delivery fees for Delivery Services.
Please note that we cannot control any amount that may be charged to
Buyer by his/her bank related to our collection of the total amount, and
we disclaim all liability in this regard.
-
9.In connection with Buyer’s Order, he/she will be
asked to provide customary billing information such as name, billing
address and credit card information either to us or our third party
payment processor. Buyer agrees to pay us for the Order placed by you on
the Platform, in accordance with these Terms, using the methods
described under clause VIII (6) above. Buyer hereby authorizes the
collection of such amounts by charging the credit card provided as part
of requesting the booking, either directly by us or indirectly, via a
third party online payment processor or by one of the payment methods
described on the Platform. If Buyer is directed to our third-party
payment processor, he/she may be subject to terms and conditions
governing use of that third party's service and that third
party's personal information collection practices. Please review
such terms and conditions and privacy policy before using the Platform
services. Once the Order is confirmed you will receive a confirmation
email summarizing the confirmed booking.
-
10.The final tax bill will be issued by the Merchant and
PDP (if registered for tax purposes) to the Buyer along with the Order
and Serve14 is merely collecting the payment on behalf of such Merchant
and PDP. 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 and PDP. Serve14 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 and the PDP.
-
11.The prices reflected on the Platform, including
packaging or handling charges, are determined solely by the Merchant and
are listed based on Merchant's information. Very rarely, prices may
change at the time of placing Order due to Merchant changing the menu
price without due intimation and such change of price are at the sole
discretion of the Merchant attributing to various factors beyond
control.
Disclaimer: Prices on any product(s) as reflected on the Platform may
due to some technical issue, typographical error or product information
supplied by Merchant be incorrectly reflected and in such an event
Merchant may cancel Buyer’s Order(s).
-
12.The Merchant shall be solely responsible for any
warranty/guarantee of the goods or services sold to the Buyers and in no
event shall be the responsibility of Serve14.
-
13.The transactions are bilateral between the Merchant and
Buyer, and between Merchant/Buyer and PDP, therefore, Serve14 is not
liable to charge or deposit any taxes applicable on such
transactions.
- Cancellations and Refunds
Please refer to the Cancellation and Refund Policy for cancellation and
refunds terms in relation to usage of the Platform for availing Services.
- Terms of service
-
1.The Buyer agrees and acknowledges that Serve14 shall not
be responsible for:
-
The services or goods provided by the Merchants including but not
limited to serving of food Orders suiting your requirements and taste;
-
The Merchant's services or goods, or services provided by PDPs not
being up to Buyer expectations or leading to any loss, harm or damage to
him/her;
- The availability or unavailability of certain items on the menu;
- The Merchant serving the incorrect Orders; or
- Product liability of goods provided by Merchants.
-
2.The details of the menu and price list available on the
Platform with respect to restaurant services, goods or any other
services are based on the information provided by the Merchants and
Serve14 shall not be responsible for any change or cancellation or
unavailability.
-
3.Buyers and Merchants agree and acknowledge that Serve14
is not responsible for any liability arising out of delivery services
provided by PDP to them.
-
4.Buyers may not be able to avail Services if their
delivery location is outside Serve14’s current scope of Service.
Serve14 will keep the Buyer informed of the same at the time of
confirming his/her Order booking.
-
5.Buyer 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 PDPs and Merchants. Serve14 will not be
responsible for any delay in the delivery of an Order.
-
6.Buyer understands that there are certain Merchants who
undertake delivery of their goods and services to the Buyer and the
Merchant may charge the Buyer for such service. Serve14 exercises no
control on such delivery services and same shall be under the control of
Merchant alone and hence all or any disputes arising out of such
delivery services shall be between Buyer and Merchant alone. Serve14
shall not be responsible for such delivery services and assumes no
liability for disputes arising out of the same.
-
7.Buyer’s Order will be only delivered to the
address designated by him/her at the time of placing the Order on the
Platform. Buyer’s Order will be cancelled in the event of any
change of the address as informed by the PDP and Buyer shall not be
entitled to any refund for the same. Delivery of goods and services in
the event of change of the delivery location shall be subject to
acceptance by the PDP or sole discretion of Serve14.
-
8.The Buyer shall undertake to provide adequate
directions, information and authorisations to accept delivery. In the
event of no delivery due to any act or omission attributable to Buyer,
the goods or services shall be deemed to have been delivered to the
Buyer and all risk and responsibility in relation thereto shall pass to
the Buyer without being entitled to any refund.
-
9.The Buyer understands that Serve14’s (including
Merchant’s and PDP’s) liability ends once Order has been
delivered to him/her, except where the product liability of the Merchant
subsists.
- 10.Services provided:
-
You agree and acknowledge that Serve14 shall be liable in the event you
have failed to adhere to the Terms of Use.
-
Buyer shall be required to provide credit or debit card details to the
approved payment gateways while making the payment on the Platform. In
this regard, Buyer agrees to provide correct and accurate credit/ debit
card details to the approved payment gateways for availing the Services.
Buyer shall not use the credit/ debit card which is not lawfully owned
by Buyer, i.e. in any transaction, Buyer must use his/her own credit/
debit card. The information provided by the Buyer will not be utilized
or shared with any third party unless required in relation to fraud
verifications or by law, regulation or court order. Buyer shall be
solely responsible for the security and confidentiality of his/her
credit/ debit card details. We expressly disclaim all liabilities that
may arise as a consequence of any unauthorized use of your credit/ debit
card.
-
11.Serve14 does not offer any refunds against goods or
services already purchased from a Merchant or PDP through the Platform
unless an error that is directly attributable to Serve14 has occurred
during the purchase of such product or services.
-
12.We constantly strive to provide you with accurate
information on the Platform. However, in the event of an error, we may,
in our sole discretion, contact you with further instructions.
-
13.If you use the Platform, you do the same at your own
risk.
-
14.Buyer agrees that the Services shall be provided
through the Platform only during the working hours of the relevant
Merchants and PDPs.
- No Endorsement
-
1.We do not endorse any Merchant. In addition, although
these Terms of Use require you to provide accurate information, we do
not attempt to confirm, and do not confirm if it is purported identity.
We will not be responsible for any damage or harm resulting from your
interactions with other Members.
-
2.By using the Services, you agree that any legal remedy
or liability that you seek to obtain for actions or omissions of other
Members or other third parties will be limited to a claim against the
particular Members or other third parties who caused you harm and you
agree not to attempt to impose liability on, or seek any legal remedy
from us with respect to such actions or omissions.
- Specific Terms with respect to Use of Platform for purchase of
Pharmaceutical Products
-
1.Buyer can use the Platform for purchase of various
medicines and pharmaceutical products from the pharmacy stores that
requires a valid medical prescription issued by a medical expert/ doctor
to be provided to a registered pharmacist for the purpose of dispensing
such medicines and pharmaceutical products (“Prescription
Drugs”), offered for sale on the Platform by the Merchant. In
Order to purchase Prescription Drugs from the Merchant through the
Platform, Buyer is required to upload a scanned copy of the valid
prescription on the Platform. The Order would not be processed by the
Merchant until a copy of a valid prescription is uploaded on the
Platform, which shall be in turn shared with the Merchant. The Merchant
will verify the prescription uploaded by Buyer and in case of the
Merchant observes any discrepancy in the prescription uploaded by Buyer,
the Merchant may reject the Order. Buyer is also required to make the
original prescription available at the time of delivery of the
Prescription Drugs. Buyer shall allow the PDP to stamp the original
prescription at the time of medicine delivery failing which medicines
will not be delivered.
-
2.Buyer understands and agrees that Serve14’s
Platform is merely a technology platform and the medicines and
pharmaceutical products are sold by the Merchant. Serve14 shall not be
held responsible in any manner for any error or omission or act
committed on part of the Merchant.
-
3.Buyer agrees and undertakes that he/she will not repeat
the use of prescription for which drugs have already been dispensed. In
case a Buyer found repeating the use of prescription, the Order will be
cancelled immediately. In any event, Serve14 shall not be responsible
for any adverse effects or harm caused to Buyer.
-
4.Buyer agrees and confirms that he/she is completely
aware of the indications, side effects, drug interactions, effects of
missed doses or overdose of the medicines Buyer Order through the
Platform. It is imperative to seek professional advice from Medical
practitioner before purchasing or consuming any medicine.
-
5.The Merchant/Serve14 may maintain a record of the
prescriptions uploaded by the Buyers.
-
6.Please refer to the Cancellation and Refund Policy for
cancellation and refunds terms in relation to usage of the Platform for
availing Services.
- Specific Terms with respect to Use of Platform for purchase of
Cigarettes and Other Tobacco Products
-
1.Buyer agrees and undertakes that he/she will not use the
Platform to purchase cigarettes and other tobacco products if he/she is
below the age of 18 years.
-
2.The PDP may request Buyer to provide a valid age proof
at the time of delivery of cigarettes and/other tobacco products, Buyer
agrees and undertakes to provide a valid age proof, if requested for
verification. If the Buyer is below the age of 18 years the PDP shall
cancel the Order. Buyer shall not place Order for loose
cigarettes.
-
3.Please refer to the Cancellation and Refund Policy for
cancellation and refunds terms in relation to usage of the Platform for
availing Services.
- Specific Terms with respect to Use of Platform for purchase of
alcoholic beverages
-
1.Eligibility to use the Wine Shop category in the
Platform: By accessing the Wine Shop category in the Platform, the Buyer
represents that he/she is of legal drinking age in Buyer’s state
of domicile and/ or where he/she is accessing the Platform and has not
been previously suspended or prohibited from accessing or otherwise
availing the Services of the Platform.
-
2.Mandatory age and Know Your Customer (KYC) verification:
The Buyer agrees to undergo and complete mandatory age and KYC
verification process to access the Platform. The Buyer undertakes to
provide a valid and legible KYC document for the purpose of
verification, failing which he/she will not be allowed to access the
Platform. The Buyer shall be solely liable as to the veracity of the KYC
documents provided by him/her, Serve14 undertakes no liability in this
regard. Collection of the Buyer’s details and documents for
verification will be subject to our Privacy Policy.
-
3.One Time Password (OTP) at the time of delivery: Once
the Order for alcoholic beverages is placed, the Buyer will receive an
OTP on his/her registered mobile number which the Buyer should
mandatorily provide to the PDP to receive delivery of the Order of
alcoholic beverages. If OTP is not provided to the PDP, the
Buyer’s Order in this case will be cancelled without any refund,
and the products will not be delivered to him/her.
The Buyer agrees and undertakes that he/she will not share the OTP with
any person below the legal drinking age to collect delivery of his/her
Order of alcoholic beverages.
-
4.Delivery Address: The Buyer agrees and undertakes that
he/she 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, Serve14 reserves the right to immediately
cancel the Order without being liable to process any refund.
-
5.Please refer to the Cancellation and Refund Policy for
cancellation and refunds terms in relation to usage of the Platform for
availing Services.
- Specific Terms with respect to Use of Platform for availing Services
of Serve14 Genie
-
1.The pick-up and drop off services are offered by and
agreed to between the Users and the PDP alone. Serve14 assumes the role
of facilitator only and Serve14 merely provides a Platform to facilitate
pick-up and drop off services between PDP and Users. At no point
of time, Serve14 shall be held responsible or liable for any
transactions between Users and PDP and for the services offered by PDP.
-
2.The PDP will provide services as per your sole
instructions. Serve14 does not have any control or does not determine or
advise or in any way involve itself in the offering or acceptance of
such services to be provided by the PDP to the User.
-
3.You agree that the details of the items for pick-up and
drop or concierge services, and the pick-up and drop location are
provided or entered by you in the Platform, in accordance with which the
PDP will render the services and perform the Task. Serve14 shall not be
held responsible for any issues concerning the Task as the same is
performed by the PDP as per your sole instructions and/or the details
provided by you.
-
4.You agree and undertake that you shall not request for a
pick-up or drop of any item which is illegal, hazardous, dangerous, or
otherwise restricted or prohibited under any statute or law or
regulation for transportation including but not limited to, items
classified as hazardous material, dangerous goods, prohibited or
restricted articles by IATA (International Air Transport Association),
ICAO (International Civil Aviation Organization), BCAS (Bureau of Civil
Aviation Security) or other government or regulatory agencies;
radio-active, incendiary, corrosive or flammable substances, hazardous
chemicals, explosives, firearms or parts thereof and ammunition,
firecrackers, cyanides, precipitates, gold and silver ore, bullion,
precious metals and stones, jewellery, semi-precious stones including
commercial carbons or industrial diamonds, currency of any nationality,
securities, coupons, stamps, negotiable instruments in bearer form,
cashier's cheques, travellers’ cheques, money orders, sodexo
pass, passports, credit/debit/ATM cards, antiques, works of art, lottery
tickets and gambling devices, crockeries, livestock, fish, insects,
animals, plants and plant material, human corpses, organs or body parts,
blood, urine and other liquid diagnostic specimens, hazardous or
bio-medical waste, wet ice, pornographic materials, perishable
foodstuffs, fragile glassware, contraband, bottled alcoholic beverages
or any intoxicant, infectious item or narcotics and psychotropic
substances, Indian Postal Articles and all items that infringe the
Indian Postal Act of 1898, liquid, semi-liquid and gases, machinery
parts containing oil, grease, fuel or batteries, philately items,
oxidizing substances and organic peroxides solids, etc. You further
agree that you shall not request for pick-up or drop of item(s) which
require special transportation permit or require any special license
under applicable law and/or item(s) which exceed beyond the dimensions
of 14*14 inches and weight beyond 12 kgs.
-
5.In the event of you requesting transportation of any
illegal or unlawful or prohibited items as mentioned above or which is
otherwise restricted under any applicable law, Serve14 has the right to
report the same to the law enforcement authorities.
-
6.In the event, during transit of your item(s) from
pick-up location to drop-off location or while undertaking concierge
services, if police or other law enforcement agencies demand for display
of the item(s) for verification, the PDP shall have the right to display
the item(s) to such authorities.
-
7.You agree and undertake that you shall abstain from
sending high value item(s) whilst using the Services through the
Platform and if you use the Services to send any high value item, it
shall be at your own risk only and Serve14 shall not be held responsible
for loss or any damage caused to such item(s). It is your sole
responsibility to insure the items(s) to cover the risk of loss or
damage to your item(s) during transit, Serve14 shall not be responsible
for the same.
-
8.Serve14 and the PDP shall have the right to deny
performance of Task(s) where it is not possible for the PDP to transfer
the item(s) from the pick-up location to the drop-off location due to
the big volume of the item(s).
-
9.You understand and agree that the recipient of the
item(s) should be available at the drop-off location at time
communicated for delivery of the item(s). In the event the recipient is
not available at the drop-off location or refuses to take delivery or
cannot be located by the PDP, you will receive a notification either
through App and/ SMS and/ or a phone call (“Non-acceptance Message”). On receipt of Non-acceptance Message, it shall be your
responsibility to take re-delivery of the item(s) at your location on
payment of additional cost which may be communicated by Serve14. In the
event you refuse to pay the cost of re-transportation or re-delivery of
the item(s) for which a Non-acceptance Message has been sent to you, you
hereby authorize Serve14 and/the PDP to hold the item(s) in lieu of its
claim of re-transportation of the item(s) and subject to payment of the
said amount release the item(s) in your favour. In the event you fail to
act in the matter and take re-delivery of the item(s) from the PDP,
within the reasonable time especially in case perishable goods or goods
with limited shelf life, you hereby waive all your claims to such
item(s) and declare that Serve14 or the PDP shall not be liable for any
loss or damage caused or suffered, to the item(s), whether directly or
indirectly.
-
6.Please refer to the Cancellation and Refund Policy for
cancellation and refunds terms in relation to usage of the Platform for
availing Services.
- General:
-
1.Persons who are "incompetent to contract"
within the meaning of the Indian Contract Act, 1872 including minors,
un-discharged insolvents etc. are not eligible to use the Platform. Only
individuals who are 18 years of age or older may use the Platform and
avail Services. If you are under 18 years of age and you wish to
download, install, access or use the Platform, your parents or legal
guardian must acknowledge and agree to the Terms of Use and Privacy
Policy. Should your parents or legal guardian fail to agree or
acknowledge the Terms of Use and Serve14 policies, you shall immediately
discontinue its use. Serve14 reserves the right to terminate your
Membership and / or deny access to the platform if it is brought to
Serve14's notice that you are under the age of 18 years.
-
2.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.
-
3.As we are providing services in the select cities in
India, we have complied with applicable laws of India in making the
Platform and its content available to you. In the event the Platform is
accessed from outside India or outside our delivery zones, it shall be
entirely at your risk. We make no representation that the Platform and
its contents are available or otherwise suitable for use outside select
cities. If you choose to access or use the Platform from or in locations
outside select cities, you do so on your own and shall be responsible
for the consequences and ensuring compliance of applicable laws,
regulations, byelaws, licenses, registrations, permits, authorisations,
rules and guidelines.
-
4.You shall at all times be responsible for the use of the
Services through your computer or mobile device and for bringing these
Terms of Use and Serve14 policies to the attention of all such persons
accessing the Platform on your computer or mobile device.
-
5.You understand and agree that the use of the Services
does not include the provision of a computer or mobile device or other
necessary equipment to access it. You also understand and acknowledge
that the use of the Platform requires internet connectivity and
telecommunication links. You shall bear the costs incurred to access and
use the Platform and avail the Services, and we shall not, under any
circumstances whatsoever, be responsible or liable for such costs.
-
6.You agree and grant permission to Serve14 to receive
promotional SMS and e-mails from Serve14 or allied partners. In case you
wish to opt out of receiving promotional SMS or email please send a mail
to support@serve14.com
-
7.By using the Platform you represent and warrant that:
-
All registration information you submit is truthful, lawful and accurate
and that you agree to maintain the accuracy of such information.
-
Your use of the Platform shall be solely for your personal use and you
shall not authorize others to use your account, including your profile
or email address and that you are solely responsible for all content
published or displayed through your account, including any email
messages, and your interactions with other users and you shall abide by
all applicable local, state, national and foreign laws, treaties and
regulations, including those related to data privacy, international
communications and the transmission of technical or personal data.
-
You will not submit, post, upload, distribute, or otherwise make
available or transmit any content that: (a) is defamatory, abusive,
harassing, insulting, threatening, or that could be deemed to be
stalking or constitute an invasion of a right of privacy of another
person; (b) is bigoted, hateful, or racially or otherwise offensive; (c)
is violent, vulgar, obscene, pornographic or otherwise sexually
explicit; (d) is illegal or encourages or advocates illegal activity or
the discussion of illegal activities with the intent to commit them.
-
All necessary licenses, consents, permissions and rights are owned by
you and there is no need for any payment or permission or authorization
required from any other party or entity to use, distribute or otherwise
exploit in all manners permitted by these Terms of Use and Privacy
Policy, all trademarks, copyrights, patents, trade secrets, privacy and
publicity rights and / or other proprietary rights contained in any
content that you submit, post, upload, distribute or otherwise transmit
or make available.
-
You will not (a) use any services provided by the Platform for
commercial purposes of any kind, or (b) advertise or sell any products,
services or otherwise (whether or not for profit), or solicit others
(including, without limitation, solicitations for contributions or
donations) or use any public forum for commercial purposes of any kind.
In the event you want to advertise your product or service contact
support@serve14.com
-
You will not use the Platform in any way that is unlawful, or harms us
or any other person or entity, as determined in our sole discretion.
-
You will not post, submit, upload, distribute, or otherwise transmit or
make available any software or other computer files that contain a virus
or other harmful component, or otherwise impair or damage the Platform
or any connected network, or otherwise interfere with any person or
entity's use or enjoyment of the Platform.
-
You will not use another person's username, password or other
account information, or another person's name, likeness, voice,
image or photograph or impersonate any person or entity or misrepresent
your identity or affiliation with any person or entity.
-
You will not engage in any form of antisocial, disrupting, or
destructive acts, including "flaming," "spamming,"
"flooding," "trolling," and "griefing" as
those terms are commonly understood and used on the Internet.
-
You will not delete or modify any content of the Platform, including but
not limited to, legal notices, disclaimers or proprietary notices such
as copyright or trademark symbols, logos, that you do not own or have
express permission to modify.
-
You will not post or contribute any information or data that may be
obscene, indecent, pornographic, vulgar, profane, racist, sexist,
discriminatory, offensive, derogatory, harmful, harassing, threatening,
embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue
or political or contrary to our interest.
-
You shall not access the Platform without authority or use the Platform
in a manner that damages, interferes or disrupts:
- any part of the Platform or the Platform software; or
-
any equipment or any network on which the Platform is stored or any
equipment of any third party
-
8.You release and fully indemnify Serve14 and/or any of
its officers and representatives from any cost, damage, liability or
other consequence of any of the actions of the Users of the Platform and
specifically waive any claims that you may have in this behalf under any
applicable laws of India. Notwithstanding its reasonable efforts in that
behalf, Serve14 cannot take responsibility or control the information
provided by other Users which is made available on the Platform. You may
find other User's information to be offensive, harmful,
inconsistent, inaccurate, or deceptive. Please use caution and practice
safe trading when using the Platform.
- Access to the Platform, Accuracy and security
-
1.We endeavour to make the Services available during
Merchant or PDP working hours. However, we do not represent that access
to the Platform will be uninterrupted, timely, error free, free of
viruses or other harmful components or that such defects will be
corrected.
-
2.We do not warrant that the Platform will be compatible
with all hardware and software which you may use. We shall not be liable
for damage to, or viruses or other code that may affect, any equipment
(including but not limited to your mobile device), software, data or
other property as a result of your download, installation, access to or
use of the Platform or your obtaining any material from, or as a result
of using, the Platform. We shall also not be liable for the actions of
third parties.
-
3.We do not represent or warranty that the information
available on the Platform will be correct, accurate or otherwise
reliable.
-
4.We reserve the right to suspend or withdraw access to
the Platform to you personally, or to all users temporarily or
permanently at any time without notice. We may any time at our sole
discretion reinstate suspended users. A suspended User may not register
or attempt to register with us or use the Platform in any manner
whatsoever until such time that such user is reinstated by us.
- Relationship with operators if the Platform is accessed on mobile
devices
-
1.In the event the Platform 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,
Google, Android or (each being an "
Operator").
-
2.Your download, installation, access to or use of the
Platform is also bound by the terms and conditions of the Operator.
-
3.You and we acknowledge that these Terms of Use are
concluded between you and Serve14 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.
-
4.The license granted to you for the Platform is limited
to a non-transferable license to use the Platform on a mobile device
that you own or control and as permitted by these Terms of Use.
-
5.We are solely responsible for providing any maintenance
and support services with respect to the Platform 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 Platform.
-
6.You and we acknowledge that we, not the relevant
Operator, are responsible for addressing any claims of you or any third
party relating to the Platform or your possession and/or use of the
Platform, including, but not limited to: (i) any claim that the Platform
fails to conform to any applicable legal or regulatory requirement; and
(ii) claims arising under consumer protection or similar legislation.
-
7.You and we acknowledge that, in the event of any third
party claim that the Platform or your possession and use of the Platform
infringes that third party's intellectual property rights, we, not
the relevant Operator, will be solely responsible for the investigation,
defence, settlement and discharge of any such intellectual property
infringement claim.
-
8.You must comply with any applicable third party terms of
agreement when using the Platform (e.g. you must ensure that your use of
the Platform is not in violation of your mobile device agreement or any
wireless data service agreement).
-
9.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.
- Disclaimers
-
1.THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME
FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
-
2.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.
-
3.WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS
A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
-
4.YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE
ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME
OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE
PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE
THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING
ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY
THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION
WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR
RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR
ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU
MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S /
MERCHANT’S/ PDP’S SERVICES.
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5.SERVE14 DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE
TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO
PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP.
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6.WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE
PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT
DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE
AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES,
REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED,
WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK
OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY
SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE
ON SUCH INFORMATION.
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7.THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS
IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION
REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR
COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE
INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE
RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS
LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO
USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH
ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR
CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND
EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
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8.WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED
ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES,
AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION
MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
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9.IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES
(INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL
INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST
DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY
ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED
ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR
NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Intellectual property
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1.We are either the owner of intellectual property rights
or have the non-exclusive, worldwide, perpetual, irrevocable, royalty
free, sub-licensable (through multiple tiers) right to exercise the
intellectual property, in the Platform, and in the material published on
it including but not limited to user interface, layout format, Order
placing process flow and any content thereof.
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2.You recognize that Serve14 is the registered owner of
the word mark ‘Serve14’ and the logo
including but not limited to its variants (IPR) and shall not
directly or indirectly, attack or assist another in attacking the
validity of, or Serve14’s or its affiliates proprietary rights in,
the licensed marks or any registrations thereof, or file any
applications for the registration of the licensed marks or any names or
logos derived from or confusingly similar to the licensed marks, any
variation thereof, or any translation or transliteration thereof in
another language, in respect of any products/services and in any
territory throughout the world. If you become aware or acquire knowledge
of any infringement of IPR you shall report the same at
support@serve14.com with all relevant information.
-
3.You may print off one copy, and may download extracts,
of any page(s) from the Platform for your personal reference and you may
draw the attention of others within your organisation to material
available on the Platform.
-
4.You must not modify the paper or digital copies of any
materials you have printed off or downloaded in any way, and you must
not use any illustrations, photographs, video or audio sequences or any
graphics separately from any accompanying text.
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5.You must not use any part of the materials on the
Platform for commercial purposes without obtaining a licence to do so
from us or our licensors.
-
6.If you print off, copy or download any part of the
Platform in breach of these Terms of Use, your right to use the Platform
will cease immediately and you must, at our option, return or destroy
any copies of the materials you have made.
- Treatment of information provided by you
We process information provided by you to us in accordance with our
Privacy Policy.
- Third Party Content
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1.We cannot and will not assure that other users are or
will be complying with the foregoing rules or any other provisions of
these Terms of Use, and, as between you and us, you hereby assume all
risk of harm or injury resulting from any such lack of compliance.
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2.You acknowledge that when you access a link that leaves
the Platform, the site you will enter into is not controlled by us and
different terms of use and Privacy Policy may apply. By assessing links
to other sites, you acknowledge that we are not responsible for those
sites. We reserve the right to disable links to and / or from
third-party sites to the Platform, although we are under no obligation
to do so.
- Severability
If any of these Terms of Use should be determined to be illegal, invalid
or otherwise unenforceable by reason of the laws of any state or country
in which these Terms of Use are intended to be effective, then to the
extent and within the jurisdiction where that term is illegal, invalid or
unenforceable, it shall be severed and deleted and the remaining Terms of
Use shall survive, remain in full force and effect and continue to be
binding and enforceable.
- Non-assignment
You shall not assign or transfer or purport to assign or transfer the
contract between you and us to any other person.
- Governing law and dispute resolution
These Terms of Use are governed by the laws of India. Any action, suit, or
other legal proceeding, which is commenced to resolve any matter arising
under or relating to this Platform, shall be subject to the jurisdiction
of the courts at Bangalore, India.
- IP Notice and Take Down Policy
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1.Serve14 has put in place IP Notice and Take Down Policy
(" Take Down Policy") so that intellectual
property owners could easily report listings that infringe their right
to ensure that infringing products are removed from the site, as they
erode Buyer and good Seller trust.
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2.Only the intellectual property rights owner can report
potentially infringing products or listings through Take Down Policy by
way of Notice of infringement in the specified format. If you are not
the intellectual property rights owner, you can still help by getting in
touch with the rights owner and encouraging them to contact us.
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3.Note: Serve14 does not and cannot verify that Merchants
have the right or ability to sell or distribute their listed products or
services. However, Serve14 is committed to ensure that item listings do
not infringe upon intellectual property rights of third parties once an
authorized representative of the rights owner properly reports them to
Serve14.
- Contact Us
Please contact us at support@serve14.com for any questions or comments
(including all inquiries unrelated to copyright infringement) regarding
this Platform.