TERMS AND CONDITION
Vizzve 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”).
Vizzve 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 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, Vizzve is merely acting as an intermediary between the Merchants and Buyers and/or Pick-up and delivery partners and Buyers/Merchants.
Pick-up and delivery partners are individual entrepreneurs engaged with Vizzve on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. Pick-up and delivery partners are independent contractors and are free to determine their timings of work. Vizzve does not exercise control on the Pick-up and delivery partners and the relationship between the Pick-up and delivery partners and Vizzve is not that of an agent and principal or employee and employer.
For the pickup and delivery services and completing the Tasks, Pick-up and delivery partners 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.
Use of Platform and Services
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. Vizzve 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. Vizzve 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 Vizzve with the Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and Vizzve has no role to play in such determination of price in any way whatsoever.
Upon acceptance of any Order or Task by the Pick-up and delivery partners, 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 Pick-up and delivery partners. Vizzve shall not be responsible for the services provided by PICK-UP AND DELIVERY PARTNERSto Merchants/Buyers through the Platform. Vizzve may, however, offer support services to Pick-up and delivery partners in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by Vizzve with the Pick-up and delivery partners.
Vizzve 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. Vizzve takes no responsibility for such offers.
Vizzve 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. Vizzve accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Vizzve does not make any representation or warranty with respect to any aspect of the services being provided by the Pick-up and delivery partners 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.
Vizzve is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants, and between Merchants/Buyers and PICK-UP AND DELIVERY PARTNERSon the Platform. Vizzve cannot and does not guarantee that the concerned Buyers, Merchants and Pick-up and delivery partners will perform any transaction concluded on the Platform. Vizzve 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.
Vizzve 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 PICK-UP AND DELIVERY PARTNERSon the Platform come into or take possession of any of the products or services offered by Merchant or PDP. At no time shall Vizzve hold any right, title or interest over the products nor shall Vizzve have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant and/or Buyer and PDP.
Vizzve 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, Vizzve 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.
Similar to the above, Vizzve is only providing a platform for communication with PICK-UP AND DELIVERY PARTNERSand 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 PICK-UP AND DELIVERY PARTNERSthrough 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, Vizzve shall notify the same to the PICK-UP AND DELIVERY PARTNERSand also assist Merchants/Buyers to the best of its abilities to enable satisfactory resolution of the complaint.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Vizzve – Use of the Website and Apps (Android and iOS)
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:
You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
belongs to another person and which you do not have any right to;
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;
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 limitation unauthorized 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 (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;
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 creating computer 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 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;
solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
interferes with another user’s use and enjoyment of the Platform or any third party’s user and enjoyment of similar services;
harm minors in any way;
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;
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;
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 the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
is false, inaccurate or misleading;
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
creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider 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 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.
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.
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.
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 ‘Vizzve ‘, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Vizzve or Merchant on platform or otherwise tarnish or dilute any Vizzve ‘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 Vizzve ‘s systems or networks, or any systems or networks connected to Vizzve .
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.
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.
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.
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.
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.
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.
Vizzve 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.
You may access the Platform by registering to create an account (” Vizzve 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 Vizzve Account with Third Party Accounts, by either:
providing your Third Party Account login information to us through the Platform; or
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.
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.
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 Vizzve Account.
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 Vizzve Account on the Platform.
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.
We will create your Vizzve 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 Vizzve Account and are not permitted to create multiple accounts. Vizzve reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
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 Vizzve Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Vizzve Account.
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
The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, Vizzve will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP.
As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.
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.
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 Vizzve reserves the right to not to process Buyer’s Order in the event Buyer or Merchant or PICK-UP AND DELIVERY PARTNERSis 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.
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 Vizzve 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, Vizzve is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Buyers acknowledge and agree that Vizzve 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 PICK-UP AND DELIVERY PARTNERSfor 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 PICK-UP AND DELIVERY PARTNERSfor delivery of the Order or completion of the Task made using the Platform.
The final tax bill will be issued by the Merchant and PICK-UP AND DELIVERY PARTNERS(if registered for tax purposes) to the Buyer along with the Order and Vizzve 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. Vizzve 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 Vizzve .
The transactions are bilateral between the Merchant and Buyer, and between Merchant/Buyer and PDP, therefore, Vizzve 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 Vizzve 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 Pick-up and delivery partners 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 Vizzve shall not be responsible for any change or cancellation or unavailability.
Buyers and Merchants agree and acknowledge that Vizzve is not responsible for any liability arising out of delivery services provided by PICK-UP AND DELIVERY PARTNERSto them.
Buyers may not be able to avail Services if their delivery location is outside Vizzve ’s current scope of Service. Vizzve 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 Pick-up and delivery partners and Merchants. Vizzve 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. Vizzve 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. Vizzve 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 PICK-UP AND DELIVERY PARTNERSand 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 PICK-UP AND DELIVERY PARTNERSor sole discretion of Vizzve .
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 Vizzve ’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.
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.
Vizzve does not offer any refunds against goods or services already purchased from a Merchant or PICK-UP AND DELIVERY PARTNERSthrough the Platform unless an error that is directly attributable to Vizzve 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 Pick-up and delivery partners.
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 PICK-UP AND DELIVERY PARTNERSto stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered.
Buyer understands and agrees that Vizzve ’s Platform is merely a technology platform and the medicines and pharmaceutical products are sold by the Merchant. Vizzve 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, Vizzve 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/Vizzve 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 PICK-UP AND DELIVERY PARTNERSmay 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 PICK-UP AND DELIVERY PARTNERSshall 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.
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 PICK-UP AND DELIVERY PARTNERSto 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, Vizzve reserves the right to immediately cancel the Order without being liable to process any refund.
Specific Terms with respect to Use of Platform for availing Services of Vizzve Genie
The pick-up and drop off services are offered by and agreed to between the Users and the PICK-UP AND DELIVERY PARTNERSalone. Vizzve assumes the role of facilitator only and Vizzve merely provides a Platform to facilitate pick-up and drop off services between PICK-UP AND DELIVERY PARTNERSand Users. At no point of time, Vizzve shall be held responsible or liable for any transactions between Users and PICK-UP AND DELIVERY PARTNERSand for the services offered by PDP.
The PICK-UP AND DELIVERY PARTNERSwill provide services as per your sole instructions. Vizzve 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 PICK-UP AND DELIVERY PARTNERSto 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 PICK-UP AND DELIVERY PARTNERSwill render the services and perform the Task. Vizzve shall not be held responsible for any issues concerning the Task as the same is performed by the PICK-UP AND DELIVERY PARTNERSas 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, Vizzve 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 PICK-UP AND DELIVERY PARTNERSshall 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 Vizzve 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, Vizzve shall not be responsible for the same.
Vizzve and the PICK-UP AND DELIVERY PARTNERSshall have the right to deny performance of Task(s) where it is not possible for the PICK-UP AND DELIVERY PARTNERSto 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 Vizzve . 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 Vizzve and/the PICK-UP AND DELIVERY PARTNERSto 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 Vizzve or the PICK-UP AND DELIVERY PARTNERSshall not be liable for any loss or damage caused or suffered, to the item(s), whether directly or indirectly.
Contact Us: You may write to us at @legal@Vizzve .in for any further queries with regard to the Diners Services.
Offers & benefits.
Depending on your city or place of residence, you may be able to avail only certain Offers provided by Vizzve and the relevant Restaurant, provided that, the User strictly complies with all the terms and conditions of Vizzve and the relevant Restaurant partner. For the purposes of clarity, these Offers shall be subject to certain additional terms and conditions, such as the details of such Offer, their validity, etc. Such Offer terms may be changed or modified from time to time. Therefore, prior to availing any
Offers, it is your responsibility to review the terms and conditions governing such Offers/benefits provided by Vizzve .
From time to time, Vizzve may run marketing and promotional campaigns which may provide Offers and other promotional offers to be used on the Platforms.
Any Offers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to such Offers.
Unless otherwise stated, Offers can only be used on our Platforms.
Offers & discounts cannot under any circumstance be combined with other discounts at the Restaurant such as (but not limited to) other promotions from the restaurant, credit card promotions, senior citizen, kids’ meals, discounts, per-discounted set meals etc.
Vizzve reserves the right to void, discontinue or reject the use of any Offer without any prior notice.
We may exclude certain Restaurants from the use of Offers at any time without prior notice to you.
can be redeemed at selected Restaurants only and the list of such Restaurants may be updated periodically;
may be changed or added from time to time. You are advised to check the Offer terms and conditions being offered by Vizzve and/or the Restaurant at the time of placing your order;
cannot be exchanged for cash;
not valid on take away or delivery;
can only be availed in the selected city or authorised Restaurants; and
can only be availed by Users who have subscribed to Vizzve Diners Services.
Upon ordering the required meals or beverages from the relevant Restaurants, User shall make the necessary payments using the various payment mechanism available on the Platform as per the Invoiced Amount raised by the Restaurants.
The User shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction.
Upon fulfilment of payment of the Net Amount via the Platform, You will be required to show the payment confirmation to the Restaurant or its authorised personnel or to the relevant billing counter of such Restaurant.
Other terms and conditions
Technical Requirements. Use of the Diners Services requires Internet access through your mobile device. You are responsible for all mobile carrier data or text message charges resulting from your use of the Diners Services, including from any notifications provided by the Diners Services. In order to use the text message based services, you must maintain an active account with a carrier of electronic communications through mobile devices and you may not use a prepaid cellular phone to access such text message services. Vizzve does not guarantee that the Diners Services will be compatible with all devices or will be supported by all mobile carriers.
Modifications of Diners Services. Vizzve reserves the right, in its sole discretion, to modify the Diners Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Diners Services or these T&C or Restaurants. Vizzve shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Diners Services. Continued use of the Diners Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.
Intellectual Property Rights and Grant of Rights to User. The features, information, and materials provided and depicted through the Diners Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Diners Services (collectively, the Vizzve Content) are provided to User by Vizzve or its partners or licensors solely to support User’s permitted use of the Diners Services. The Vizzve Content in the Platform or Diners Services or these T&C may be modified from time to time by Vizzve in its sole discretion. Except as expressly set forth herein, no license is granted to User for any other purpose, and any other use of the Diners Services or the Vizzve Content by User shall constitute a material breach of this T&C. Vizzve and its partners (including Restaurants) or licensors retain all rights in the Diners Services and Vizzve Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of Vizzve or any third party is granted under this T&C.
Applicability of other Vizzve Policies: You hereby agree that at all times, this T&C shall be read in conjunction with the other terms and conditions of the Vizzve Policies.
Termination. Vizzve may suspend your ability to use all or any element of the Diners Services or may terminate this agreement effective immediately, without notice or explanation. Without limiting the foregoing, Vizzve may suspend your access to the Diners Services if we believe you to be in violation of any part of this T&C (including any Vizzve Policies). After any suspension or termination, you may or may not be granted permission to use the Diners Services or re-establish an Account. You agree that Vizzve shall not be liable to you for any suspension or termination of this agreement or for any effects of any termination of this agreement. You are always free to discontinue your use of the Diners Services at any time. You understand that any termination of your Account may involve deletion of any content stored in your Account for which Vizzve will have no liability whatsoever.
Liability Limitations. EXCEPT AS EXPRESSLY SPECIFIED HEREIN, IN NO EVENT SHALL VIZZVE BE LIABLE FOR ANY INJURIES, LOSSES, CLAIMS, OR DIRECT DAMAGES OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT, OR OTHERWISE, AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHICH ARISE OUT OF OR ARE ANY WAY CONNECTED WITH (1) THIS T&C (INCLUDING ANY CHANGES THERETO), (2) ANY USE OF THE VIZZVE PLATFORM, DINERS SERVICES, THE VIZZVE CONTENT, OR THE USER CONTENT, (3) ANY FAILURE OR DELAY (INCLUDING, BUT NOT LIMITED TO, THE USE OR INABILITY TO USE ANY COMPONENT OF ANY OF THE SERVICES), OR (4) YOUR VISIT TO ANY RESTAURANT OR THE PERFORMANCE, NON-PERFORMANCE, CONDUCT, OR POLICIES OF ANY RESTAURANT OR MERCHANT IN CONNECTION WITH THE SERVICES. IN ADDITION, YOU SPECIFICALLY UNDERSTAND AND AGREE THAT ANY THIRD PARTY DIRECTING YOU TO THE VIZZVE SITE BY REFERRAL, LINK, OR ANY OTHER MEANS IS NOT LIABLE TO USER FOR ANY REASON WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR LOSS ASSOCIATED WITH THE USE OF THE SERVICES OR THE VIZZVE CONTENT. VIZZVE IS NEITHER AN AGENT OF NOR OTHERWISE ASSOCIATED WITH ANY RESTAURANT FOR WHICH A USER HAS MADE A RESERVATION, CLAIMED AN OFFER OR PROMOTION, OR PAID A BILL USING THE PAYMENT SERVICES.
IF THE DISCLAIMER OF DIRECT DAMAGES ABOVE IS NOT ENFORCEABLE AT LAW, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THE VIZZVE POLICIES, YOU EXPRESSLY AGREE THAT OUR LIABILITY TO YOU (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION) WILL NOT EXCEED THE LAST FEE YOU PAID. THESE
EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR VIZZVE DINERS SERVICES.
These T&C are co-extensive and concurrent with other Vizzve Policies listed on their Platform. As such, all other terms and conditions listed hereinbefore shall also be applicable to this Vizzve Diners Services and the same need not be expressly repeated herein.
You and Vizzve understand and agree that the aforementioned disclaimers, exclusions, and limitations are essential elements of this T&C and that they represent a reasonable allocation of risk. In particular, you understand that Vizzve would be unable to make the Diners Services available to you except on these terms and agree that this T&C will survive and apply even if any limited remedy specified in this T&C is found to have failed of its essential purpose.
Disclaimer of Warranties. YOU UNDERSTAND THAT USE OF THE Diners SERVICES IS AT YOUR OWN RISK AND VIZZVE CANNOT GUARANTEE THAT THE Diners SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. THE Diners SERVICES, ALL VIZZVE CONTENT, AND ANY OTHER INFORMATION, PRODUCTS, AND MATERIALS CONTAINED IN OR ACCESSED THROUGH THE Diners SERVICES, ARE PROVIDED TO USER ON AN AS IS BASIS AND WITHOUT WARRANTY OF ANY KIND. VIZZVE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS, OR INDEMNITIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE , TITLE, OR NON-INFRINGEMENT, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, PERFORMANCE, OR TRADE USAGE. VIZZVE DOES NOT WARRANT THAT YOUR USE OF THE Diners SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT VIZZVE WILL REVIEW THE INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE Diners SERVICES FOR ACCURACY OR THAT IT WILL PRESERVE OR MAINTAIN ANY SUCH INFORMATION OR MATERIALS WITHOUT LOSS. VIZZVE SHALL NOT BE LIABLE FOR DELAYS, INTERRUPTIONS, SERVICE FAILURES, OR OTHER PROBLEMS INHERENT IN USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS OR OTHER SYSTEMS OUTSIDE THE REASONABLE CONTROL OF VIZZVE .
THE FOREGOING DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU MAY HAVE OTHER STATUTORY RIGHTS. HOWEVER, THE DURATION OF STATUTORILY REQUIRED WARRANTIES, IF ANY, SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Applicable Law & Dispute Resolutions: These T&C shall be governed in accordance with the laws of India. All disputes related to the Diners Services or Vizzve Diners Services will be subject to the exclusive jurisdiction of courts of Bangalore only.
Third-Party Websites, Applications and Services. The Diners Services may contain hypertext links to websites and applications operated by parties (including the onboarded Restaurants) other than Vizzve . Such hypertext links are provided for User’s reference only, and Vizzve does not control such websites and is not responsible for their content. Vizzve ‘s inclusion of any hypertext links to such websites or applications does not imply any endorsement of the material on such websites or applications or any association with their operators. Vizzve assumes no liability whatsoever for any such third-party websites, applications or any content, features, products, or services made available through such third-party websites or applications.
Release. Restaurants are solely responsible for their interactions with you and any and all claims, injuries, illnesses, damages, liabilities, and costs (Claims) suffered by you as a result of your (or such recipient’s) interaction with or visit to any Restaurant or merchant or from any promotion, offer, product or service of any Restaurant or Merchant. Users must resolve all disputes directly with Restaurants. To the maximum extent permitted by applicable law, you hereby release Vizzve from any and all such Claims.
Severability. If any of the provisions, or portions thereof, of this Agreement are found to be invalid under any applicable statute or rule of law, then, that provision (or portion thereof) notwithstanding, this Agreement shall remain in full force and effect and such provision or portion thereof shall be deemed omitted.
Assignment. This Agreement and the rights granted and obligations undertaken hereunder may not be transferred, assigned, or delegated in any manner by User, but may be freely transferred, assigned, or delegated by Vizzve .
Waiver. Any waiver of any provision of this Agreement, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
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 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 Vizzve to receive promotional SMS and e-mails from Vizzve or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to support@Vizzve .in.
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.
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 contact@Vizzve .in.
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 discriminate against any Merchants, Buyers or Pick-up and delivery partners based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.
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 Vizzve 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, Vizzve 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 PICK-UP AND DELIVERY PARTNERSworking 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, Apple, Google, Android or RIM Blackberry (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.
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).
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.
VIZZVE 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.
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.
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.
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.
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.
You recognize that Vizzve is the registered owner of the word mark ‘Vizzve ’ 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 Vizzve ’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 brand-protection@Vizzve .in with all relevant information.
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.
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.
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.
Treatment of information provided by you
Third Party Content
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
IP Notice and Take Down Policy
Vizzve 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.
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.
Note: Vizzve does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services. However, Vizzve 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 Vizzve .
Please contact us at cs@Vizzve .in for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
Grievance Officer/Nodal Officer
In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal Officer is provided below:
Mr. Arun Cyril
VIZZVE SERVICES PRIVATE LIMITED
Reg Office: 3rd Floor (Internally designated as 4th Floor)
Maruthi Chambers, Survey No 17/9B,
Roopena Agrahara Bangalore- 560068, India
Phone: +91 – 080- 6000 6600
Email: grievances@Vizzve .in
Time: Monday – Friday (9:00 – 18:00)
Vizzve One Membership Program Specific Terms
Effective from 26th November 2021
These are the terms and conditions (“Terms”) for Vizzve One (“Vizzve One”) membership program and offered by Vizzve to its Users on the Platform. These Terms shall govern your use of our service offered under Vizzve One Membership Program. Please read these Terms carefully before you subscribe to the Vizzve One Program. These Terms are subject to modifications, to comply with a legal requirement. You have the following options under the Vizzve One membership program and you can choose from these options at your sole discretion basis the suitability.
Vizzve One Plans
Details of the Plans under the Vizzve One Program:
Free delivery on participating restaurants
No surge charges for participating restaurants
Extra discounts on select restaurants up and above regular offers:
Up to 30% extra off on Food prices on eligible restaurants, subject to the restaurant specific terms and conditions
The distances from the restaurant location to the customer’s location shall be captured as per Google Map driving directions data at the time of placing the Order. Vizzve shall not be held responsible or liable for the accuracy or efficacy of such data.
The Vizzve One benefits are available to orders above a certain amount. Please check FAQs for more details.
Additional discounts specific to the Vizzve One Programme will be applicable on the discounted values of the food items post application of any generally available coupons on the Platform.
With Vizzve One, users will pay no delivery fee on Instamart orders above Rs 99.
With Vizzve One, users will get a discount of 10% on the applicable delivery fee for all Genie orders above Rs. 35.
Subscription Fee, Payment and Activation:
Vizzve shall charge and You agree to pay such membership fee, as may be determined by Vizzve from time to time. You can use Credit Card, Debit Card, Net Banking, Vizzve Money and the other available third-party payment options available to subscribe to the Vizzve One program. However, Cash on Delivery (COD) payment option can be used to subscribe to the Vizzve One program only when clubbed together with the placed Order. The subscription shall be activated upon successful payment through the Vizzve Platform. In case Vizzve One membership is purchased along with an Order and if such Order is cancelled, then the membership shall also stand cancelled and the Vizzve One membership subscription amount will be refunded. You can access the detailed FAQs in the Help Section.
No Cancellation or Termination:
Vizzve One membership once purchased, cannot be cancelled or Terminated in the effective period of the membership.
Modification/ Cancellation of membership by Vizzve
General Terms & Conditions:
We reserve the right to accept or refuse membership in our sole discretion
We may send you an email, or other communication related to Vizzve One Membership (regardless of any settings or preferences related to your Vizzve account).
You may not transfer or assign your Vizzve One Membership or any Vizzve One benefits, except as allowed in these Terms.
From time to time, We may choose in our sole discretion to add or remove Vizzve One Membership benefits.
Vizzve reserves the right to offer this Vizzve One membership in select cities and on select restaurants, at its sole discretion.
Vizzve One Membership feature is available only on the App.
Free deliveries are applicable only on food Orders for participating restaurants and on Instamart Orders, subject to minimum order amounts as enumerated herein being met by You.
Limitation of Liability
IN ADDITION TO OTHER LIMITATIONS AND EXCLUSIONS IN VIZZVE ‘S CONDITIONS OF USE AND SALE, IN NO EVENT WILL WE OR OUR 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 VIZZVE . OUR TOTAL LIABILITY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WILL NOT EXCEED THE LAST MEMBERSHIP FEE YOU PAID. THESE EXCLUSIONS AND LIMITATIONS OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND WILL SURVIVE CANCELLATION OR TERMINATION OF YOUR VIZZVE ONE MEMBERSHIP.
All disputes related to this Vizzve One Membership will be subject to the exclusive jurisdiction of courts of Bangalore only.
Notice and Take Down Policy Template and Procedures
Reporting Instances of Intellectual Property Violations: To file a notice of infringement with Vizzve , you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer’s fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.
To expedite our ability to process your request, please use the following format:
Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Vizzve to locate the material;
Information reasonably sufficient to permit Vizzve to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following mandatory statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law”;
The following mandatory statement: “I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed”;
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date
Send the written communication to: Email to grievances@Vizzve
2. I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law therefore infringe the IP Owner’s rights. Please expeditiously remove or disable access to the material claimed to be infringing.
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