SERVE14 - Terms of Use – V01 – 2021
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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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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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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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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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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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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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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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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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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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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Please note that there could be risks in dealing with underage persons
or people acting under false pretence.
- 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:
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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As a general rule, all Orders placed on the Platform and Delivery
Services are treated as confirmed.
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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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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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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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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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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.
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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.
-
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.
-
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).
-
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.
-
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
-
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.
-
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.
-
Buyers and Merchants agree and acknowledge that Serve14 is not
responsible for any liability arising out of delivery services
provided by PDP to them.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
- 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.
-
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.
-
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.
- If you use the Platform, you do the same at your own risk.
-
Buyer agrees that the Services shall be provided through the Platform
only during the working hours of the relevant Merchants and PDPs.
- No Endorsement
-
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.
-
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
-
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.
-
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.
-
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.
-
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.
-
The Merchant/Serve14 may maintain a record of the prescriptions
uploaded by the Buyers.
-
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
-
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.
-
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.
-
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
-
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.
-
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.
-
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.
-
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.
-
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
-
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 onlyand 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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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).
-
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.
-
Please refer to the Cancellation and Refund Policy for cancellation
and refunds terms in relation to usage of the Platform for availing
Services.
- General:
-
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.
-
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.
-
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.
-
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.
-
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.
-
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
- 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
-
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
-
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.
-
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.
-
We do not represent or warranty that the information available on the
Platform will be correct, accurate or otherwise reliable.
-
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
-
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").
-
Your download, installation, access to or use of the Platform is also
bound by the terms and conditions of the Operator.
-
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.
-
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.
-
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.
-
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.
-
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.
-
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).
-
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
-
THE PLATFORM 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.
-
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE
OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
-
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.
-
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.
-
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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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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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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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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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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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.
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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.
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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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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.
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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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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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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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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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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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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.