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 electronic record is generated by a computer system and does not require any physical or digital signatures.
The domain name www.boxlog.in (herein after referred to as “Website”) is owned by Cater2Demand Logistics Private Limited, a company incorporated under the Companies Act 2013, with its registered office at# 3-65/5 , Devi Homes , Behind BIG Bazar , Kompally , Quthbullapur Mandal, Ranga Reddy , Telangana - 500014 (herein after referred to as “Cater2Demand”).
Membership and User Eligibility
Use of the Website is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. 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 Website. If you are a minor i.e. under the age of 18 years, you shall not register as a User of the Cater2Demand website and shall not transact on or use the website. As a minor if you wish to use or transact on website, such use or transaction may be made by your legal guardian or parents on the Website. Cater2Demand reserves the right to terminate your membership and / or refuse to provide you with access to the Website if it is brought to Cater2Demand's notice or if it is discovered that you are under the age of 18 years or incompetent to contract.
Your Account and Registration Obligations
Platform for Transaction and Communication
The Website is a platform that provides a complied list of transporters i.e. cabs, mini trucks, lorries etc., and Insurance Companies, Insurance Brokers and Agents (Service Providers). The User upon accessing the Website, is provided with a questionnaire, to enable the he Website to filter the data of Service Providers, to suit the requirements of the User.The User is then provided with a list of the most optimal choices from the various Service Providers.To facilitate the selection process by the User, the Website shall provide the Name, Popularity, Rating, and Service Charges for each Service Provider. Upon confirmation from the User, the specific service is provided to the User by the selected Service Provider.
- All commercial/contractual terms are offered by and agreed to between Service Provider and Users alone. The commercial/contractual terms include without limitationprice, shipping costs, date, period and mode of delivery, warranties related to products and services. Cater2Demand does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance ofsuch commercial/contractual terms between the Users and the Service Provider.
- Cater2Demand does not make any representation or Warranty as to specifics of the services provided/ offered on the Website. Cater2Demand does not implicitly or explicitly support or endorse the services provided by the Service Provider on the Website. Cater2Demand accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
- Cater2Demand is not responsible for any non-performance or breach of any contract entered into between User and the Service Provider. Cater2Demand cannot and does not guaranteethat the concerned Service provider will perform any transaction concluded on the Website. Cater2Demandmayhowever, mediate or resolve to the best of its ability anydispute or disagreement between Customers and Service Providers and such act of mediation is at sole discretion of Cater2Demand and the User i.e. You shall not have any right to demand for the mediation.
- Cater2Demand does not at any point of time during any transaction between User and Service Provider on the Website come into or take possession of any of the products of the User to be transported by the Service Provider, nor does it at any point gain title to or have any rights or claims over the products of the User or the services of the Service Provider.
- At no time shall Cater2Demand hold any right, title or interest over the products nor shall Cater2Demandhave any obligations or liabilities in respect of such contract entered into between Customers and Service Providers. Cater2Demand is not responsible for unsatisfactory or delayed performance of services or damages or delays
- The Website is only a platform that can be utilized by Users to reach a larger base to avail services of Service Providers. Cater2Demand is only providing a platform for communication and it is agreed that the contract for services shall be a strictly bipartite contract between the User and the Service Provider.At no time shall Cater2Demand hold any right, title or interest over the products nor shall Cater2Demand have any obligations or liabilities in respect of such contract.
- You shall independently agree upon the manner and terms and conditions of delivery, and, insurance etc. with the Service Provider that You transact with.
The following disclaimers by the Platform are the key to determine any relationship between You and the Platform for Your use of the Website and for Platform providing any Services on the Website:
- Platform and its suppliers, affiliates and service providers provide the Website and services on "as is" basis and without any warranty or condition, express, implied or statutory and specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. You expressly agree that your use of the Website is at your risk.
- Platform, its associates, affiliates and service providers and technology partners make no representations or Warranties about the accuracy, reliability, completeness, and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Website or that the operation of the Website will be error free and/or uninterrupted.
- The Platform provides certain independent services to facilitate the transactions between users of the Websites and such independent services may include listing management, warehousing services, and making available payment facilitation through nodal bank(s) under applicable laws. You understand, agree and acknowledge that the Platform will engage independent third party service providers to perform these services. The Platform may on reasonable efforts basis procure ordinary industry standard warranties from these third parties. You further understand, agree and acknowledge that the Platform will not be held liable or responsible towards You or towards any person claiming under or through You for any actions, commission, omission, misconduct, fraud or negligence (whether in contract or tort or under public policy) of these third parties unless such actions, commission, omission or negligence of the third party is attributed to a direct cause of misconduct and gross negligence of Platform and in such an event the total aggregate liability of the Platform shall be limited to the extent provided in the clause titled “Disclaimer of Warranties and Liability".
Membership on the Website is free for Users. Cater2Demand does not charge any fee for browsing on the Website. Cater2Demand reserves the right to change its Fee Policy from time to time. In particular, Cater2Demand may at its sole discretion introduce new services and modify some or all of the existing services offered on the Website. In such an event Cater2Demand reserves the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee Policy shall be posted on the Website and such changes shall automatically become effective immediately after they are posted on the Website. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to Cater2Demand.
Use of the Website
You agree, undertake and confirm that Your use of Website shall be strictly governed by the following binding principles:
- You shall not host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right to;
- is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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 in any way;
- 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;
- involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- infringes upon or violates any third party's rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitationunauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity];
- promotes an illegal or unauthorized copy of another person's copyrighted work, 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;
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creatingcomputer viruses;
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles, blogs, communities, account information, bulletins,friend request, or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
- solicits gambling or engages in any gambling activity which We, in Our sole discretion, believes is or could be construed as being illegal;
- interferes with another USER's use and enjoyment of the Website or any other individual's User and enjoyment of similar services;
- harm minors in any way;
- infringes any patent, trademark, copyright or other proprietary rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent orinvolve the sale of counterfeit or stolen products;
- violates any law for the time being in force;
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing innature;
- impersonate another person;
- 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;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to thecommission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
- shall not be false, inaccurate or misleading;
- shall not, directly or indirectly, offer, attempt to offer, trade or attempt to trade in any item, the dealing of which is prohibited or restricted in any mannerunder the provisions of any applicable law, rule, regulation or guideline for the time being in force.
- shall not create liability for Us or cause Us to lose (in whole or in part) the services of Our internet service provider ("ISPs") or other suppliers;
- 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 Website or any Content, or in any way reproduce or circumvent the navigationalstructure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposelymade available through the Website. We reserve Our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or toany server, computer, network, or to any of the services offered on or through the Website, by hacking, password "mining" or any other illegitimate means.
- You shall not probe, scan or test the vulnerability of the Website or any network connected to the Website nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Website, or any other customer, including any account on the Website not owned by You, to its source, or exploit the Website or any service or information made available or offered by or through the Website, 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 Website.
- 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 includingthe terms Cater2Demand, www.boxoffice.world, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Cater2Demand orService Providers on platform or otherwise tarnish or dilute any Cater2Demand's trade or service marks, trade name and/or goodwill associated with such trade or service marks,trade name 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 theinfrastructure of the Website or Cater2Demand's systems or networks, or any systems or networks connected to Cater2Demand.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction beingconducted on the Website, or with any other person's use of the Website.
- 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 Website or any service offered on or through the Website. You may not pretend that You are, or that You represent, someone else, or impersonate any other individual or entity.
- You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable Domestic laws, rules and regulations and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to Sales Tax/VAT, Income Tax, Octroi, Service Tax, 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 anyapplicable law including exchange control laws or regulations for the time being in force.
- Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Website, including payment and deliveryof related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and suchadvertiser. 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 Website.
- It is possible that other users (including unauthorized users or "hackers") may post or transmit offensive or obscene materials on the Website 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 Website, and that the recipient may use such information to harass or injure You. We do not approve of such unauthorized uses, but by using theWebsite 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 theWebsite. Please carefully select the type of information that You publicly disclose or share with others on the Website.
- Cater2Demand 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 ownor through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
Contents Posted on Site
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), is a third party user generated content and Cater2Demand has no control over such third party user generated content as Cater2Demand is merely an intermediary for the purposes of the terms of the Use.
You may use information on the products and services purposely made available on the Website for downloading, provided that You (1) do not remove anyproprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (3) make no modifications to any such information, and (4) do not make any additional representations or warranties relating to such documents.
Pricing on any product(s) as is reflected on the Website may due to some technical issue, typographical error or product information published byService Provider may be incorrectly reflected and in such an event Service Provider may cancel such your order(s).
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
While availing any of the payment method/s available on the Website, we will not be responsible or assume any liability, whatsoever in respect of any loss ordamage arising directly or indirectly to You due to:
- Lack of authorization for any transaction/s, or
- Exceeding the preset limit mutually agreed by You and between "Bank/s", or
- Any payment issues arising out of the transaction, or
- Decline of transaction for any other reason/s
All payments made against the services on Website by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Website willnot facilitate transaction with respect to any other form of currency with respect to the purchases made on the Website. Service Provider may request you to provide supporting documents (including but not limited to Govt. issued ID and addressproof, invoices, other forms etc.,) to establish the ownership of the payment instrument used by you foravailing the services to be provided to you. This is done in the interest of providing a safe online environment to Our Users.
- Transactions, and all commercial terms such as Delivery, Dispatch of products and/or services are as per principal to principal bipartitecontractual obligations between Customer and Service Provider and payment facility is merely used by the Customer and Service Provider to facilitate the completion of the Transaction. Useof the payment facility shall not render Cater2Demand liable or responsible for the non-delivery, non-receipt, non-payment, damage, breach of representations andwarranties, non-provision of after sales or warranty services or fraud as regards the products and /or services listed on Cater2Demands Website.
- You understand, accept and agree that the payment facility provided by Cater2Demand is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment through Cash On Delivery, collection and remittance facility for the Transactions on the Cater2Demand Website using the existing authorized banking infrastructure and Credit Card payment gateway networks. Further, by providing payment facility, Cater2Demand is neither acting as trustees nor acting in a fiduciary capacity with respect to the Transaction.
- Cater2Demand reserves the right to impose limits on the number of Transactions or amount spent which Cater2Demand may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator orthrough any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Customer during any time period, and reserves the right to refuse to process Transactions exceeding such limit.
- You understand and agree that the personal information including address provided by You shall be used for delivery of products purchased by you on www.boxlog.in. As such any delays in dispatch or delivery of the same shall not be the responsibility of Cater2Demand.
- Cater2Demand reserves the right to refuse to process transactions by Customers with a prior history of questionable charges including without limitation breach of anyagreements by Customer with Cater2Demand or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
- Cater2Demand may do such checks as it deems fit before approving the receipt ofCustomers commitment to pay (for Cash On Delivery transactions) for the product/services. As a result of such check if Cater2Demand is not satisfied with the credibility of the Customer or genuineness of the Transaction / price of services, it will have the right to reject the receipt of / Customers commitment to pay price of product (cash on delivery).
- Cater2Demand may delay notifying the payment confirmation i.e. informing Service Provider to Dispatch, if Cater2Demand deems suspicious or for Customers conducting high transactionvolumes to ensure safety of the Transaction. In addition, Cater2Demand may hold the Transaction and may not inform the Service Provider to dispatch or remit the price paid for the services. Further, Cater2Demand may choose to inform the law enforcement officials in the event of the Customer being engaged in any form of illegal activity.
- The Customer and Service Provider acknowledge that Cater2Demand will not be liable for any damages, interests or claims etc. resulting from not processing a Transaction or any delay in processing a Transaction which is beyond the control of Cater2Demand or in the nature of any of the above mentioned cases.
Payment Facility for Customers:
- 1. You, as a Customer, understand that upon initiating a Transaction You are entering into a legally binding and enforceable contract with the Service Provider to purchase the products and /or services from the Service Provider using the Payment Facility, and You shall pay the Price through Your Issuing Bank to the Service Provider using Payment Facility.
- 2. You, as a Customer, may agree with the Service Provider through electronic communication and electronic records and using the automated features as may be provided by Payment Facility on any extension / increase in the Dispatch and/or Delivery time and the Transaction shall stand amended to such extent. Any such extension / increase of Dispatch / Delivery time or subsequent novation / variation of the Transaction should be in compliance with Payment Facility.
- 3. You, as a Customer, shall electronically notify Payment Facility using the appropriate Cater2Demand Website features immediately upon Delivery or non Delivery within the time period as provided in Policies. Non notification by You of Delivery or non Delivery within the time period specified in the Policies shall be construed as a deemed Delivery in respect of that Transaction. In case of Cash On Delivery transactions, Customer is not required to confirm the receipt of products or services to the Payment Facility.
- 5. You, as a Customer, understand that the Payment Facility may not be available in full or in part for certain categories of products and/or services and/or Transactions as mentioned in the Policies and hence You may not be entitled to a refund in respect of the Transactions for those products and /or services.
- 6. Except for Cash On Delivery transactions, refunds, if any, shall be made at the same payment gateway from where Transaction Price was received.
- 7. For Cash On Delivery transactions, refunds, if any, will be made via demand draft in favour of the Customer (As per registration details provided by the Customer) directly from the Service Provider.
- 8. Refund shall be made in Indian Rupees only and shall be equivalent to the Transaction Price received in Indian Rupees.
- 9. For electronics payments, refund shall be made through payment facilities using NEFT / RTGS or any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
- 10. Refund shall be subject to Customer complying with Policies.
Customer's arrangement with Issuing Bank:
All Valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a payment gateway or appropriate payment systeminfrastructure and the same will also be governed by the terms and conditions agreed to between the Customer and the respective Issuing Bank and paymentinstrument issuing company.
All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to the Users. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between Customer and the respective Issuing Bank.
Cater2Demand does not warrant that Product/Service description or other content of this Website is accurate, complete, reliable, current, or error-free and assumes no liability in this regard.
Delivery of the Product
Your shipping address, pin code will be verified with the database of Cater2Demand before You proceed to pay for Your purchase. If Your order is not serviceable by delivery partners or the Vendor or the area is not covered, we will request You to provide us with an alternate shipping address which we expect to have on delivery partner’s/Vendor’s delivery list. If there is any dispute regarding the shipment of the product or services for the area not covered by Cater2Demand, Cater2Demand will not be responsible for the non-delivery of the product. Cater2Demand doesn't deliver items internationally.
In case You book multiple orders for the Products in one transaction, efforts will be made to ship all Products together. However, this may not always be possible. If You purchase multiple Products in a single transaction you may provide separate shipping addresses for each Product.
Disclaimer of Warranties & Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
CATER2DEMAND WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. CATER2DEMAND ENDEAVORS TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT CATER2DEMAND DOES NOT PROVIDE ANY WARRANTIES RELATING TO THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. CATER2DEMAND SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, CATER2DEMAND SHALL NOT BE RESPONSIBLE FOR NON-AVAILABILITY OF THE WEBSITE DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE WEBSITE THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON. THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE WEBSITE IS DONE ENTIRELY AT THEIR OWN DISCRETION AND RISK AND THEY WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. CATER2DEMAND IS NOT RESPONSIBLE FOR ANY TYPOGRAPHICAL ERROR LEADING TO ANY INVALIDITY OF ANY KIND. CATER2DEMAND ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU BY ITSELF OR ON BEHALF OF THIRD PARTIES.
CATER2DEMAND SHALL NOT BE LIABLE FOR ANY THIRD PARTY PRODUCT OR SERVICES. THE ADVERTISEMENTS AVAILABLE ON E-MAIL OR WEBSITE WITH RESPECT TO ANY THIRD PARTY WEBSITE OR THE PRODUCTS AND SERVICES ARE FOR INFORMATION PURPOSE ONLY.
NOTWITHSTANDING ANYTHING TO CONTRARY, CATER2DEMAND'S ENTIRE LIABILITY TO YOU SHALL BE THE REFUND OF THE MONEY CHARGED TO YOU FOR ANY PRODUCT OR SERVICE, IN RELATION TO WHICH UNLIKELY LIABILITY ARISES.
IN NO EVENT SHALL CATER2DEMAND, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU FOR ANY (1) SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEABLE AND WHETHER OR NOT CATER2DEMAND HAS BEEN ADVISED OF THE POSSIBILITY OF THE SAME, (2) BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR (3) ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
Protection provided to Customer
- 1. In case of a dispute where the Service Provider is unable to provide a refund, Cater2Demand will actively work towards reaching a resolution.
- 2. The Customer can write to firstname.lastname@example.org if the issue with the Service Provider is not resolved. Cater2Demand's Customer Support team will look into the case to checkfor possible fraud and if the Customer has been blacklisted/blocked from making purchases on the Website. Only after verifying these facts, a dispute can beregistered.
- 3. In due course of resolution, Cater2Demand's Customer Support Team will facilitate a conference call including the Service Provider and the Customer.
Eligibility and Restrictions of Customer
- 1. Only the Customers who have availed services throughCater2Demand are eligible for the Customer Protection Program.
- 2. Customers can file a dispute within 45 days from the date of delivery of the product
- 3. Any damage or loss to the product after delivery will not be covered under this program and will completely be the Customer's responsibility. Receiver of goodsshould refuseto accept delivery if the item is damaged.
- 4. To be able to take advantage of the Customer Protection Program, Customers should first contact the Service Provider and attempt to resolve the issue. If the Customer doesn't hear from the Service Provider or is unable to resolve the issue with the Service Provider even after contact, a dispute can be raised with Cater2Demand by writing an email email@example.com
- 5. Fraudulent charges and claims are not covered under Customer Protection Program
- 6. If the Customer has already initiated chargeback through the credit card issuingbank, it will not be covered under Customer Protection Program, though in such cases a Service Provider can file a claim through the Service Provider Protection Program.
- 7. Blacklisted and Blocked Customers are not covered by the Customer Protection Program.
- 8. Customers who have reached their maximum lifetime limit for claims are also not eligible. Customers can make a maximum of 5 claims per year on Cater2Demand. If theclaim was withdrawn, it is not counted. The coverage amount will be limited to Rs. 10,000(Rupees Ten Thousand Only) * Please change accordingly, this is not the final amount
- 9. Through the Customer Protection program, Cater2Demand does not provide any guarantee/ warranty to Customers for products sold on Cater2Demand against technical/manufacturing defects.
- 10. Raising disputes against Service Providers does not automatically entitle the Customer to a refund or replacement for the product purchased. Cater2Demand shall verify the disputesso raised and may process only such claims that are valid and genuine.
- 11. Cater2Demand shall at no point be responsible for any direct or indirect losses, expenses, costs of any nature whatsoever that may be incurred by any Customer/Service Provider.
- 12. Cater2Demand reserves its right to initiate civil and/or criminal proceedings against a User who, files an invalid and/or false claims or provides false, incomplete, ormisleading information. In addition to the legal proceedings as aforesaid, Cater2Demand may at its sole discretion suspend, block, restrict, cancel the Display Name [and its related Display Names] of such User and/or disqualify that user and any related users from availing protection through this program.
- 13. Decisions made by Cater2Demand under the Customer Protection Program shall be final and binding on its Users.
- 14. Cater2Demand reserves the right to modify / discontinue Customer Protection Program without any prior notice period to its Users.
- 15. Through this program, Cater2Demand shall not entertain claims of Customers who have incurred loss due to delayed shipment or delivery of the item by the Service Provider.
- 16. Cater2Demand Customer Support Team may seek additional information / clarification from Customer to facilitate resolution of the dispute. In the event Customer does not respond with information / clarification sought within 10 days of such request, the dispute shall be auto-closed in favour of the Service Provider.
Disputes via Chargeback
Whenever a chargeback (CB) comes from a payment gateway/bank, following situations may arise:
- Item not received CB: -Goods are not delivered. Refund will be created in accordance with the dispute policies.
- Unauthorized CB: -Customer hasn't made this particular transaction. Refund will be created in accordance with the dispute policies.
Email Abuse & Threat Policy
- 1. Private communication, including email correspondence, is not regulated by Cater2Demand. Cater2Demand encourages its Users to be professional, courteous and respectfulwhen communicating by email.
- 2. However, Cater2Demand will investigate and can take action on certain types of unwanted emails that violate Cater2Demand policies.
- 3. Such instances:
- a. Threats of Bodily Harm - Cater2Demand does not permit Users to send explicit threats of bodily harm.
- b. Misuse of Cater2Demand System - Cater2Demand allows Users to facilitate transactions through the Cater2Demand system, but will investigate any misuse of this service
- c. Spoof (Fake) email - Cater2Demand will never ask you to provide sensitive information through email. In case you receive any spoof (fake) email, you are requested toreport the same to Us through 'Contact Us' tab.
- d. Spam (Unsolicited Commercial email) - Cater2Demand's spam policy applies only to unsolicited commercial messages sent by Cater2Demand Users. Cater2Demand Users are notallowed to send spam messages to other Users.
- e. Offers to Buy or Sell Outside of Cater2Demand - Cater2Demand prohibits email offers to buy or sell listed products outside of the Cater2Demand Website. Offers of this nature are apotential fraud risk for both Customers and Service Providers.
- 4. Cater2Demand policy prohibits user-to-user threats of physical harm via any method including, phone, email and on Our public message boards.
- 5. Violations of this policy may result in a range of actions, including:
- a. Limits on account privileges
- b. Account suspension
- c. Cancellation of listings
- d. Loss of special status
Other Businesses/ Third Party Links:
Cater2Demand does not take responsibility or liability for the actions, products, content and services on the Website, which are linked to Affiliates and / or third partywebsites using Website's APIs or otherwise. In addition, the Website may provide links to the third party websites of Our affiliated companies and certain other businesses for which, Cater2Demand assumes no responsibility for examining or evaluating the products and services offered by them. Cater2Demand do not warrant the offerings of, any of these businesses or individuals or the content of such third party website(s). Cater2Demand does not endorse, in any way, any third partywebsite(s) or content thereof.
Cater2Demand may, in its sole discretion and without prior notice, terminate Your access to the Website if Cater2Demand determines that You have violated the Terms or or any other duty owed to Cater2Demand. Any violation by You of the Terms will constitute an unlawful and unfair business practice, and will cause irreparable harm to Cater2Demand, for which monetary damages is likely to be inadequate, and You consent to Cater2Demand obtaining any injunctive or equitable relief that Cater2Demand deems necessary or appropriate. These remedies are in addition to any other remedies Cater2Demand may have at law or in equity.
You agree to indemnify, defend and hold harmless Cater2Demand, its affiliate vendors, agents, shareholders, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by Cater2Demand that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You. Further, You agree to hold Cater2Demand harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Website, any claim that Your material caused damage to a third party, Your violation of the Terms, or Your violation of the rights of any another person. Cater2Demand will also be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to Cater2Demand
The Terms will continue to apply until terminated by either You or Cater2Demand as set forth below. If You want to terminate Your agreement with Cater2Demand, You may do so by (i) not accessing the Website; or (ii) closing Your accounts (if any).
Cater2Demand may at its discretion and at any time with or without notice terminate or suspend the Terms without cause or with cause if:
Cater2Demand is required to do so by law (for example, where the provision of the Services to You is, or becomes, unlawful or pursuant to a request by a regulatory authority);
The provision of the Services to You by Cater2Demand is, in Cater2Demand's opinion, no longer commercially viable;
Cater2Demand has elected to discontinue, with or without reason, access to the Website, the Services (or any part thereof) either in general or specifically to You;or
For technical or any other reason, Termination or suspension may include: (i) removal of access to all or portion of the offerings on the Website or with respect to the Services or any portion thereof; (ii) deletion of Your materials and / or Account Information, including Your personal information, log-in ID and password, and all related information, files and materials associated with You or inside Your Account (or any part thereof); and (iii) barring of further use of the Website or Services. Cater2Demand may also delete any content or other materials relating to Your use of the Website.
Cater2Demand shall not be liable to You or any third party for any such termination.
Termination or suspension shall not affect your liability or obligation arising prior to such termination or suspension
The Terms and all transactions entered and the relationship between You and Cater2Demand and any mutual claims shall, governed in accordance with the laws of India without reference to any conflict of laws principles.
All claims, differences and disputes arising under or in connection with or in relation hereto the Website, the Terms or any transactions entered into on or through the Website shall be subject to the exclusive jurisdiction of the courts at Hyderabad India and You hereby accede to and accept the jurisdiction of such courts.
In the event You come across any abuse or violation of the Terms of or if You become aware of any objectionable content on the Website, please report firstname.lastname@example.org