Terms & Conditions

Version 1.1 — Last updated: 12 April 2024

By accessing this platform 'Deonde' and other as may be launched from time to time (hereinafter referred to as "Website", "Platform" and/or "Application", which shall mean and be used interchangeably having the same meaning) is developed, operated and maintained by Deonde Innovations Pvt. Ltd. ("The Company"), a company / Proprietorship firm, partnership firm, LLP, having registered office at 207, Rudram icon, near Silver Oak Engineering Collage, opp. LAMBDA HOUSE, Gota, Ahmedabad, Gujarat, India, you agree to be legally bound by following terms and conditions and other incidental or related aspects for use.

Before you use the platform, you must read all of the terms and conditions ('Terms') herein and the Privacy Policy provided on the Website. Please also refer the additional legal information as may be applicable to you. You must be at least [18] years of age to use our platform / website; by using our platform and agreeing to these terms and conditions, you warrant and represent to us that you are at least [18] years of age; Audience less than 18 years of age should register with credentials of Parent(s) and/or Legal Guardian. Platform shall not be responsible to validate and authenticate your age, however, platform reserves the right to optionally / randomly conduct checks to verify the correctness of legal age of your's / your legal guardian's age registering on platform on your behalf.

"we", "our" and "us" means "the company"; "you", "user" and "your" means any person and/or the institutions / organizations etc., but not limited to, who accesses and uses this Platform along with updating their users on this platform.

It is strongly recommended to you to visit this page periodically to review the most current version of the Terms and Conditions. The company reserves the right at any time, at its sole discretion, to change or otherwise modify the Terms without prior notice, and your continued access or use of this platform signifies your acceptance of the updated or modified Terms. If you object to these Terms or any subsequent modifications to these Terms or become dissatisfied with the platform in any way, you should immediately terminate use of the platform.

PART A: GENERAL TERMS AND CONDITIONS OF USE

This Terms and Conditions/Agreement is an Electronic Record published in terms of Information Technology Act, 2000 of India and generated by a computer system and does not require any physical or digital signatures and is in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines and Digital Media Ethics Code) Rules, 2021 issued under the aforesaid Act.

Before you further use this Platform, you must read all of the terms and conditions specified (all sections of this Platform including but not limited to the General Terms and Conditions of Use, the Special and Additional Terms and Conditions of use and Privacy Policy provided on this Platform) collectively hereinafter referred to as the Agreement.

By using these Products, Software, Services and the Platform (hereinafter referred to as Services), you hereby confirm to having accepted the Agreement, with immediate effect.

If you do not agree to the aforesaid paragraph, please do not proceed to further on this Platform.

If this Agreement conflicts with any other document(s), this Agreement will override and supersede such other document(s) and in case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use), the specific provisions of Part B shall prevail. Apart from it, all the terms and conditions which are obligatory to or binding on you will be applicable.

A. General

To the extent that any provision of this Agreement is found to be invalid, unlawful or unenforceable you agree that the courts at Ahmedabad shall have exclusive jurisdiction over the matter and shall endeavor to give effect to the Parties' intentions as reflected in the provision, and the unenforceable condition shall be deemed severable and shall not affect the validity and enforceability of any remaining terms and conditions.

Headings are for reference purposes only and do not limit the scope or extent of such section. The failure of the company to act with respect to a breach by you or others does not waive its right to act with respect to subsequent or similar breaches. The company does not guarantee it will take action against all breaches of this Agreement.

Except as otherwise expressly provided in this Agreement there shall be no third-party beneficiaries to this Agreement. This Agreement constitutes the entire agreement, subject to specific provisions herein, between you and the company and governs your use of the Platform and the Services, superseding any prior agreements or any communication written or oral by any mode between you and the company with respect to the Platform and/or the Services.

B. Description of Services / Purpose

Deonde provides Online Ordering & Delivery Solutions. We will provide features & platforms according to the plan selected by you.

We guarantee the inclusion of all listed features in our standard offering. Any additional functionalities required beyond these will be treated as customization requests, accommodating your unique business requirements.

Our supported platforms include:

Customer Ordering App: Available on iOS, Android, and Web platforms.

Delivery App: Accessible on iOS and Android devices.

Partner App: Compatible with iOS, Android, and Web interfaces.

Admin Dashboard: Easily accessible via the Web for efficient management.

To seamlessly integrate our solution, we require the following prerequisites from your end:

The User shall be bound by the Terms of Use and all copyright policies and other applicable laws for any purpose regardless of whether the User is availing any paid services or not. Content hosted on the platform is licensed, and not sold to the User. Company reserves the right to introduce additional terms in future as may be mandated by compliant authorities and/or otherwise.

While using and accessing this platform, user provides consent to store various information of user like login information, name, email, phone number etc. User understands that some or all of these may be specified under personal information and user unconditionally provides Company their consent to store, use, process, transmit etc., this information. Additionally, user provides consent to company allowing company to use various analytics tools like google / web analytics etc., over such data of user.

In course of providing user-friendly and hassle-free service/experience to the user and to provide end services, the company may be using third-party services. In such case, direct or indirect integrations will be made with such associated third-party service providers to render certain services.

Any data provided by you shall be used preliminary for this purpose or any other purpose connected to fulfill the above purpose or to enhance the user experience.

C. Registration

Registration with the Platform is by way of creating user ID. You are solely responsible and liable for the veracity and accuracy of all personal and other details furnished by you as well as for authentication of all documents uploaded by you at the time of registration with the Platform and afterwards.

You hereby agree that the company may contact you either electronically, through phone or through its online and offline centers or associates, to understand your interest in the selected products and services and to fulfill your demand. You also agree that the company / the platform reserves the right to make your details available to its partners and affiliates and you may be contacted by such partners and affiliates for information through email, telephone, SMS and/or any other mode of communication.

You hereby specifically grant a consent to receive, Transactional or Service Explicit/Implicit communications, promotional materials and/or special offers from the company through email, SMS and/or any other mode of communication.

D. User Account, Password, and Security

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform.

You agree to immediately notify us of any unauthorized use / breach of your password or account and ensure that you exit from your account at the end of each session.

E. Proprietary Rights

You acknowledge and agree that the company owns all legal rights, titles and interests in and to the Platform and the Services offered herein, including any intellectual property rights which subsist in the Platform, technology, other intellectual property rights and/or the Services (whether those rights are registered or not, and wherever in the world those rights exist). All the content displayed on the Site is the sole property and is in the exclusive right, title and ownership of the Company.

The trademarks, logos, designs and service marks ("Marks") displayed on this Site are the property of the Company and shall always remain the sole property of the Company. You do not have the right to use any of the company's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. You do not have the right to remove, obscure, or alter any proprietary rights notices (including trademark and copyright notices), which may be affixed to or contained within the Services or on the Platform.

Company's websites respect the intellectual property rights of our users, Content Providers, organizations, institutes, publications and other third parties and expects our users to do the same when using the Services.

F. License and Platform Access

The company grants you a limited license to access and make use of the Platform, the Products/Services offered purely for commercial purpose only.

This license does not include any copying of any kind of information or in any forms for the benefit of another individual, vendor or any other third party who have not subscribed for the platform's services; caching, unauthorized hypertext links to the Platform and the framing of any content available through the Platform, uploading, posting, or transmitting any content that you do not have a right to make available outside the application; any action that imposes an unreasonable or disproportionately large load on the company's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.

By using the Platform, you (user) agree not to:

  1. Use this Platform or its contents for any purpose other than as defined in the Platform;
  2. Make any speculative, false, or fraudulent transaction or any transaction in anticipation of demand;
  3. Access, monitor or copy any content or information of this Platform using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
  4. Violate the restrictions in any robot exclusion headers on this Platform or bypass or circumvent other measures employed to prevent or limit access to this Platform;
  5. Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  6. Deep link to any portion of this Platform for any purpose without our express written permission; or
  7. "Frame", "Mirror" or otherwise incorporate any part of this Platform into any other Platform without our prior written authorization;
  8. Use, post etc., any content which is defamatory, obscene, pornographic, pedophilic, invasive of another's privacy, insulting or harassing on the basis of gender, libelous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
  9. Deceive or mislead the addressee about the origin of the message or knowingly and intentionally communicate any information which is patently false or misleading in nature;
  10. Breach any restrictions, guidelines that may be imposed by competent authorities from time to time;
  11. Remove any proprietary notices or labels on the Site or Site Content;
  12. Use the Site, Site Content or Service, or any portion thereof, for any purposes which are unlawful in any nation or jurisdiction in the world or for any commercial purpose whatsoever.

G. Your Account

You represent and warrant that you are of legal age and not a minor, competent to contract, having a sound mind, and under no coercion or undue influence of any person or substance to form a binding contract. You will use the Platform to make legitimate use for you or for any another person for whom you are legally authorized to act. You also agree to provide true, accurate, current and complete information about yourself as required by the Platform.

Notwithstanding the above, the company retains the right at its sole discretion to deny access to anyone to the Platform and/or the Services it offers, at any time and for any reason, including, but not limited to, for violation of the Agreement or Privacy Policy.

User shall be responsible for creation and saving of their own user Id and password (strong password containing alpha numeric usage along with special character should be used) and company recommends the same to be changed at regular periodic intervals.

H. Our Partners & Consent

The company's display on or through the Platform of any product options or by any other mode of communication offered by third parties does not in any way imply, suggest, or constitute any sponsorship, recommendation or approval of the company of any such third parties or of their products. The company does not, through its Platform display, content or in any other manner, provide any recommendation, opinion or advice to you on the third parties or their products.

You hereby undertake and confirm that the information and data furnished by you to the platform is true and correct. Pursuant to this agreement, you acknowledge and confirm that you have consented to share sensitive data provided by you with platform as well as any partners of the platform in future.

While company takes the best in industry measures to safeguard user's data, it clearly disclaims any obligation as may be imposable onto company. Company reserves the right to delete the entire data of user at any point of time wherein a breach to the stated terms is found, at sole discretion of the company.

J. Submitted Content

The company does not claim ownership and/or usability/suitability of any information, data, documents and/or materials ("Materials") of any kind made available by you through the Platform. At the company's sole discretion, such Materials may be included in the Services in whole or in part or in a modified form. With respect to such Materials, you grant the company a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such Materials or any part thereof.

You are prohibited from posting or transmitting the following to or from this Platform:

  1. Any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services) unless specifically required by the company;
  2. Any unauthenticated or manipulated data (in any form) leading to forgery or business deal failures.

Any noncompliance/breach/infringement of the above shall entitle the company to take strict actions as it deems fit against you. You shall be solely liable for any damages, claim, costs and expenses resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Platform.

K. Limitation of Liability

The company and its Partners, Subsidiaries, Joint Ventures, Associates, Officers, Directors, Employees, Representatives, Affiliates, and providers will not be responsible or liable for:

(a) any injury, death, loss, claim, act of god, accident, delay, or any direct, special, exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitation lost profits or lost savings), whether based in contract, tort, strict liability or otherwise, that arise out of or is in any way connected with:

  1. any failure or delay (including without limitation the use of or inability to use any component of the Platform), or
  2. any use of the Platform or content or Services, or
  3. the performance or non-performance by us or the company's Associates, even if we have been advised of the possibility of damages to such parties or any other party, or
  4. any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the service; and/or
  5. user content or the defamatory, offensive, or illegal conduct of any third party.
  6. If Your Any of account (Apple/Google) will be Terminated it would be your responsibility.

(b) any damages to or viruses that may infect your computer equipment or other property as the result of your access to the Platform or your downloading of any Service/content from the Platform.

(c) any unanticipated, unforeseen damages, risk and/or claims that may arise due to usage of this platform.

In no event shall company, its affiliates, directors, employees, advisors, service providers and/or licensors etc., be liable to user for any claims, proceedings, liabilities, obligations, damages, losses and/or costs in an amount exceeding the amount user / client has paid to company hereunder.

L. Indemnity

You agree to indemnify, release and hold harmless the company and the company's Associates, employees, advisors, third party service providers from any and against all liabilities, claims, causes of action, demands, recoveries, losses, damages, fines, penalties, interests or other costs or expenses of any kind or nature, including reasonable attorneys' fees, or arising out of or related to breach of this Agreement, violation of any law or the rights of a third party, or use of the Platform/Services.

M. Electronic Communication

When you use the Platform, you are communicating with the company electronically. You consent to receive communications from the company electronically. The company may communicate with you by email or by posting notices on the Platform or by phone or usually available means of communication.

You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to visit our terms and condition & Privacy policy on company's website periodically (at least once in a year) and in case you do not agree to the same, kindly cease the usage of the platform immediately.

N. Blogs

The Company May post blogs on its Platform, which may be written by the Company or its contributing authors. The Company Blogs and their contents are made available for informational and educational purposes only, and do not provide any legal, business, professional or tax advice. You agree and understand that your use of the company's Blogs does not create an attorney-client relationship, and the contents of the company's Blogs do not constitute legal advice.

The text, graphics, and their selection and arrangement on Blogs are the copyrighted works of the company and/or its licensors, as applicable. All rights are reserved.

No articles on the Blog may be reproduced without the express written permission of the company.

O. Subscription Terms & Payment Clause

  1. The subscription period begins upon Apps going live on Apple Store & Playstore. In case of website, it will start as soon as you subscribe to our solution.
  2. Subscriptions may be subject to automatic renewal unless cancelled prior to the renewal date.
  3. We reserve the right to modify subscription terms, including pricing, with reasonable notice provided to subscribers.
  4. Subscriptions are non-transferable and may not be assigned to any other individual or entity without prior written consent.
  5. We accept payment via approved payment methods only, as indicated on our website or other authorized channels.
  6. In the event of non-payment or payment failure, we reserve the right to suspend or terminate subscription access until payment is received.
  7. Setup fees are non-refundable, except if paid by mistake and informed within 48 hours of payment.
  8. Subscription fees are non-refundable, except as required by law or explicitly stated otherwise in these terms.
  9. Any taxes or additional charges associated with the subscription shall be the responsibility of the subscriber and will be clearly communicated during the subscription process.
  10. In the event of a delinquent account, we reserve the right to suspend or terminate subscription access until payment is received in full.
  11. We reserve the right to amend these subscription terms and payment clauses at any time.

P. Links and Browser Extension

The Platform or third parties may provide links to other World Wide Web sites or third-party resources. Such third-party contents and links are provided solely for your convenience and information only. As the company has no control over such sites and resources, you acknowledge and agree that the company is not responsible for the availability of such third party external sites or resources, and does not endorse and is not responsible or liable in any manner whatsoever for any such third party content, advertisements, products or other materials on or available from such third party sites or resources.

Q. Access to Password Protected / Secure Areas

Access to and use of password protected and/or secure areas of the Platform is restricted to authorized users only. Unauthorized individuals attempting to access or accessing these areas of the Platform may be subject to prosecution and/or legal action under the applicable laws.

R. Modification and Notification of Changes

The company reserves the right to make changes to the Platform, Services, related policies, payment terms and agreements, this Agreement (all sections) and the Privacy Policy at any time. If the company makes a material modification to this Agreement, you are advised to refer to this Agreement from time to time. If you choose to continue using the Platform, you agree that by doing so you will be deemed to accept the Agreement.

S. Survival of Terms After Agreement Ends

Notwithstanding any other provisions of this Agreement, or any general legal principles to the contrary, any provision of this Agreement that imposes or contemplates continuing obligations on a party will survive the expiration or termination of this Agreement.

T. Your Telephone Calls

Telephone calls that you make to our customer service help line on the numbers mentioned in the Contact Us section of the Platform or calls made by our support desk may be monitored or recorded. This will help us to train our staff and improve our services to you. A recording will only be used under proper and careful supervision. Our customer service help line is available on the times notified in the Contact Us section of the Platform.

U. Feedback

Your feedback makes us better. Please feel free to share it with us. We will assume no responsibility for reviewing unsolicited ideas and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future the company programs. Any and all rights to materials submitted to us become the exclusive property of the company. The company is not bound to act or implement any discretionary measures against any complaint/feedback received. However, the company in good faith shall use its best efforts to use the same in a positive way and shall endeavor to take reasonable efforts to improve/improvise the Platform to the extent possible.

V. Additional Terms and Conditions on Certain Sections of the Site

In addition to Part A of this Agreement, users who desire to access and use specific categories/sections on this Platform for the purpose of accessing the Services, are bound by such special and additional terms and conditions of use governing those categories/sections as more specifically defined in Part B of this Agreement. By accessing these categories/sections, you agree to be bound by any such special and additional terms and conditions.

PART B: SPECIAL AND ADDITIONAL TERMS AND CONDITIONS OF USE

[In addition to the terms and conditions set out in Part A, these Special and Additional Terms and Conditions set out herein are applicable to any service applicant. In Case of conflict between Part A (General Terms and Conditions of Use) and Part B (Special and Additional Terms and Conditions of Use) the specific provisions of Part B will prevail.]

All registered users shall ensure compliance with the following terms and conditions at all times through the Platform of the company.

A. Confidentiality

The provisions of this Section are in addition to the provisions of the Privacy Policy required to be accepted by the user. All information shared by the user as a registered account holder with the Platform and/or the company shall deem to be confidential information and the Platform has put in reasonable and appropriate protective measures to ensure that confidentiality of the same is protected.

However, if such information is shared with any third parties such party shall be responsible for maintaining the confidentiality of the same as per the applicable laws and shall be liable in case of any breach.

The Platform shall have the right to share the user information with the 3rd parties, service provider, regulatory and/or statutory authorities and/or any other agency as maybe required under applicable laws as well as with its partners, employees, alliances, affiliates, agents and representatives on need to know basis.

All information shared by third parties with the user on the Platform shall also be treated as confidential information (unless the same is available in public) and the user shall take appropriate and reasonable measures in its system to protect the same at its end.

B. Indemnity

A breach or noncompliance of these Special Terms and Conditions by the user can cause severe and irreparable loss and damage to the company, the Platform and/or a third party. The company and the Platform reserve their right to recover all losses, costs and expenses incurred in case the users breaches or fails to comply with any of the provisions of this Part B.

C. Dispute Resolution

Amicable Settlement

If any dispute arises between the Parties in connection with the validity, interpretation, implementation or alleged breach of any provision of this Agreement, the disputing Parties hereto shall endeavour to settle such Dispute amicably. The attempt to bring about an amicable settlement shall be considered to have failed if not resolved within thirty (30) days from the date of the Dispute.

Arbitration

If the disputing Parties are unable to amicably settle the Dispute, any party to the Dispute shall be entitled to serve a notice invoking this Clause and making a reference to arbitration.

The arbitration shall be conducted and managed by the Arbitration and Conciliation Act 1996 as amended by the Arbitration and Conciliation (Amendment) Act 2015 as in force. The decision of the arbitrators shall be final and binding on the Parties.

The place of arbitration shall be Ahmedabad (India) and all arbitration proceedings shall be conducted in the English language. The Courts at Ahmedabad, India shall have sole and exclusive jurisdiction on all questions relating to the validity of the arbitration provisions and the law governing interpretation of these arbitration provisions.

D. Governing Laws and Jurisdiction

This Agreement and the relationship between you and the company will be governed by the laws of India without regard to its conflict of law provisions. Subject to the above, the courts located in Ahmedabad (India) shall have exclusive jurisdiction with respect to any legal proceedings that may arise in connection with this Agreement.

E. Warranties

The company reserves the right to discontinue or alter any or all of website services, and to stop publishing website, at any time at company's sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services.

No warranty: The company sites, services, and software are provided "as is," with no warranty, implied or statutory, including, without limitation, warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. The company disclaims any implied, express, or statutory warranties regarding the security, reliability, timeliness, and performance of the solutions & services.

F. Termination

Company may in its sole discretion, restrict, suspend or terminate User access to the Content and Service, in whole or in part and without notice. If User terminates User access to the Application and/or Service based on a breach of any portion of these Terms, Company reserves the right to refuse to provide other services to User in the future.

G. Force Majeure

Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

You hereby accept the above Special and Additional Terms and Conditions and agree to be bound by the same. Any breach, violation or non-compliance shall entitle the company, the Platform and/or its representatives to take necessary action against me/us.

You hereby confirm by having read and understood the Agreement (Terms of Use, all sections - Part A & Part B, Privacy Policy, Refund Policy and Disclaimers, are construed to make total and complete agreement) and accept the same in its entirety. You agree to be bound by all the provisions and sections of this Agreement. Any breach, violation or non-compliance of the same shall entitle the Company, its representative and/or the Platform to take necessary action including legal action against me/us.

You acknowledge that you have read and have understood these Terms, and that these Terms and Conditions have the same force and effect as a signed agreement by you.

Version 1.1 — Date: 12th April 2024