Refunds and Cancellations - A Humanitarian Initiative

Refunds & Cancellation

Cancellation

Customers cannot cancel their Order (or any product therein) and the same can only be cancelled by the Merchant if they are unable to serve the Customer for any reason (including but not limited to unavailability of the products/items).

In certain cases (including but not limited to selling illegal products/items), Delper shall have the right to cancel the Orders (or any product therein).

Cancellation or Rejection of the Order / Items

For pre-paid Orders, in the event of any cancellation or rejection of the Order or any particular item(s) in the Order by Delper or Merchant, due to any reason (including but not limited to unavailability), the amount equivalent to the price of the cancelled or rejected Order/item along with the applicable GST amount will be refunded to the Customer, which amount will normally be credited within 3-5 business days from the date of cancellation/rejection.

If amount is debited however Order is not successful

For pre-paid Orders, if the amount for an Order / item therein is debited from the Customer’s account/card however the Order is not successful, then the concerned amount along with the applicable GST amount will be refunded to the Customer, which amount will normally be credited within 3-5 business days from the payment date.

Limit / Restrictions on Orders

Delper and/or Merchant reserves the right to put necessary limits / restrictions on the Orders, including but not limited to limit on number of Orders by a particular Customer and minimum & maximum value of the Orders.

Delper’s Limited Liability & Disclaimer

Delper does not provide or make any representation, warranty or guaranty, express or implied, about the Delper Services, Delper Platform, Delper URL and Delper Mobile App, and to the fullest extent permitted by law disclaims all liability arising out of the Merchant’s use or reliance upon the same.

In addition to other limitations and exclusions in these T&Cs, in no event shall Delper, its directors, officers, employees, agents or other representatives be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind, arising out of or related to Delper Services, Delper Platform, Delper URL and Delper Mobile App.

Delper shall not be liable to the Customers for any product(s) or service(s) provided by the Merchant, or any liability in relation thereto. All claims pertaining to the same shall be directly settled by the Merchant.

Delper neither makes any representation or warranty as to specifics (such as quality, value, saleability, merchantability, etc.) of the product(s) or service(s) sold or offered to be sold or purchased on the Delper Applications, nor does it implicitly or explicitly support or endorse the sale or purchase of any product(s) or service(s) on the Delper Applications.

Delper accepts no liability for any error, omission, breach or non-performance, whether on behalf of itself or third parties (including the Merchant).

Any contract for sale of any product(s) or service(s) on Delper Applications shall strictly be a bipartite contract between the Merchant and Customer. Merchant shall solely be responsible for order fulfilment, sale, efficacy, quality, quantity, merchantability, delivery and all other issues. Delper shall not be responsible for any such aspects/issues and for any loss/damage in relation thereto, and in case of complaints from the Customer pertaining to such aspects/issues, Delper shall notify the complaints to the Merchant. The Merchant shall be liable for redressing Customer’s complaints at the earliest. Delper shall not be liable in case Merchant does not satisfactorily address said complaints. Customers shall have the right to initiate appropriate legal action against the Merchant.

It is hereby clarified that Delper is only a technology provider / intermediary / ecommerce facilitator and that Delper is not performing any activity/job or providing services which may tantamount to it being a seller, retailer, stockiest and/or distributor. Delper has no role and responsibility in the actual sale, delivery or fulfilment of the Orders, and Delper only provides a platform for facilitating Orders. Further, Delper shall also not be responsible for any payment related issues at Merchant’s or Customer’s end (including but not limited to chargeback or refund related issues).

Details of the items, products, menu, price list, etc. available on the Delper Applications shall be based on the information provided by the Merchant, and Delper shall not be responsible for any change or cancellation or unavailability.

In addition to the above terms, the terms and conditions of the Merchant (if any) shall also be applicable in relation to the transactions specified in these T&Cs. Merchant shall inform such terms and conditions to the Customer in advance.

Privacy / Data Protection

In the process of registration with Delper and processing of Orders, Delper may collect certain personally identifiable information about the Merchant such as name, email address, mobile phone number, contact details and bank account details.

Delper is committed to protect the personal information of the Concerned and to take all reasonable precautions for maintaining confidentiality of the Merchant’s personal information.

Delper has adopted reasonable security practices and procedures that are commensurate with the information assets being protected and with the nature of our business and to include, technical, operational, managerial and physical security control measures so as to protect the personal information in its possession from loss, misuse and unauthorized access, disclosure, alteration and destruction.

In this regard, Delper has framed a privacy policy (“Privacy Policy”) which applies to the users of the Delper Applications and other Delper platforms. This Privacy Policy has been published in accordance with the (Indian) Information Technology Act, 2000 and the rules/regulations framed thereunder, including the (Indian) Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011, and is available on

• The type of personal information (including sensitive personal data or information) that we collect from the users.

• The purpose of collection, means and modes of usage of such personal information by Delper.

• How and to whom Delper will disclose such information.

• How Delper will protect the personal information including sensitive personal data or information that is collected from the users.

• How users may access and/or modify their personal information.

Delper reserves the right to use the personal information provided by the Concerned as per the terms of the Privacy Policy inter-alia for processing the Orders and for improvement of services, features and functionality of the Delper Platform.

Merchant fully understands that usage of the Delper Applications by the Customers may create or generate database in respect of such Customers. All rights and ownership with respect to such database and information therein shall vest with Delper. Delper shall have the right to inter-alia use such Customer information/database for the purposes of research, analysis, business intelligence and improvement/development/advancement of Delper Applications.

Any conversations / correspondences between the Merchant and Customer (including any WhatsApp conversations) shall be considered as private, and Delper shall not deemed to be a party to such conversations / correspondences.

MISCELLANEOUS:

Limited Sub-License: Delper grants you a limited sub-license to access and make personal use of the Delper Applications and not to modify it, or any portion of it, except with express written consent of Delper. This license does not include any resale or commercial use of Delper Applications or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of Delper Applications or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. Delper Applications or any portion thereof shall not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Delper. It is hereby clarified that Delper shall not be responsible for any copyright or intellectual property issue in relation to the suggested product images (as available on the Delper Applications) and in relation to the product images uploaded by the Merchant.

Eligibility: Services of the Delper Applications will be available to only in select geographies in India. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Delper Applications. If you are a minor, you may use the Delper Applications only under the supervision of a parent or legal guardian who agrees to be bound by these T&Cs.

Indemnification: You agree to defend, indemnify and hold harmless Delper, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, which may result in any loss, damage or liability to Delper, Customer or to any third party, on account of (including but not limited to) breach of any warranties, representations or undertakings, or in relation to the nonfulfillment of any of your obligations under these T&Cs, or arising out of your violation of any applicable laws, regulations.

Electronic Record: This document is an electronic record in terms of Information Technology Act, 2000 and the rules made thereunder, as applicable and as amended from time to time.

Modification: Delper reserves the right to modify or change these T&Cs and other Delper policies at any time by posting changes on the Delper Applications/website, and you shall be liable to update yourself of such changes. Your continued usage of the services after any change is posted constitutes your acceptance of the amended T&Cs/policies.

Termination: Delper may terminate this agreement / T&Cs at any time and may do so immediately without notice, and accordingly deny you access to the Delper Applications. Any such termination will be without any liability to Delper.

Severability: If any of the provisions of these T&Cs should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these T&Cs 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 T&Cs shall survive, remain in full force and effect and continue to be binding and enforceable.

Governing Law and Jurisdiction: Without prejudice to the above, these terms and conditions shall be construed in accordance with the applicable laws of India, and the Courts at Gurgaon, Haryana shall have exclusive jurisdiction in any proceedings arising out of these terms and conditions/between Delper and the Merchant.