PRIVACY POLICY
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as
applicable and the amended provisions pertaining to electronic records in various statutes as amended by the
Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of
the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and
regulations, privacy policy and Terms of Use for access or usage of Peldano application for mobile and handheld
devices.
Terms Of Use
-
These terms of use (the “ Terms of Use”) govern your use of our “Peldano” application for mobile and
handheld
devices (the “ App”). Please read these Terms of Use carefully before you use the services. If you do not
agree
to these Terms of Use, you may not use the services on the App, and we request you to uninstall the App. By
installing, downloading or even merely using the Platform, you shall be contracting with Peldano and you
signify
your acceptance of the Terms of Use and other Peldano policies (including but not limited to the
Cancellation &
Refund Policy, Privacy Policy and Take Down Policy) as posted on the App from time to time, which takes
effect
on the date on which you download, install or use the Services, and Peldano a legally binding arrangement to
abide by the same.
- The Platform is operated and owned by Peldano Online Private Limited, incorporated under the laws of India
CINU74999KL2021PTC070822, having its registered office at Hallelujah Complex,Chengamanadu P.O,Mellila
Panachayath, Kottarakara Taluk, Kollam District, Kerala State. For the purpose of these Terms of Use,
wherever
the context so requires, ”you” shall mean any natural or legal person who has agreed to become a buyer or
customer on the App by providing Registration Data while registering on the Platform as a registered user
using
any computer systems. The terms “Peldano”, “we”, “us” or “our” shall mean Peldano.
- Peldano enables transactions between participant merchants and buyers, dealing in raw materials and
groceries
and transportation (“Platform Services”). The buyers (“Buyer/s”) can choose and place orders (“Orders”) from
a
variety of products listed and offered for sale by various neighbourhood merchants and vendors on the
Platform
and Peldano enables delivery of such orders at select localities across Kerala (“Delivery Services”). The
Platform Services and Delivery Services are collectively referred to as “Services”.
-
AMENDMENTS
These Terms of Use are subject to modifications at any time. We reserve the right to modify or
change these Terms of Use and other Peldano policies at any time by posting changes on the Platform, and you
shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You
shall,
at all times, be responsible for regularly reviewing the Terms of Use and the other Peldano policies and
note
the changes made on the Platform. Your continued usage of the services after any change is posted
constitutes
your acceptance of the amended Terms of Use and other Peldano policies. As long as you comply with these
Terms
of Use, Peldano grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter,
and
use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms
and
conditions and Peldano policies (including but not limited to Cancellation & Refund Policy, Privacy Policy
and
Notice and Take Down Policy) as may be posted on the Platform from time to time.
Use of Platform and Services
-
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone.
The
commercial/contractual terms include without limitation price, taxes, shipping costs, payment
methods, payment
terms, date, period and mode of delivery, warranties related to products and services and after
sales services
related to products and services. Peldano 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. Peldano may, however, offer support services to Merchants in respect to order fulfilment,
payment
collection, call centre, and other services, pursuant to independent contracts executed by it with
the
Merchants.
-
Peldano 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 in that
behalf. All Merchant offers are subject to the respective party terms and conditions. Peldano takes
no
responsibility for such offers.
-
Peldano 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.
Peldano accepts no liability for any errors or omissions, whether on behalf of itself or third
parties.
-
Peldano is not responsible for any non-performance or breach of any contract entered into between
Buyers and
Merchants on the Platform. Peldano cannot and does not guarantee that the concerned Buyers and/or
Merchants will
perform any transaction concluded on the Platform. Peldano 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.
-
Peldano is operating as an online marketplace and assumes the role of facilitator, and does not at
any point
of time during any transaction between Buyer and Merchant on the Platform come into or take
possession of any of
the products or services offered by Merchant. At no time shall Peldano hold any right, title or
interest over
the products nor shall Peldano have any obligations or liabilities in respect of such contract
entered into
between Buyer and Merchant.
-
Peldano 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 product efficacy, quality, or any other such issues, Peldano
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.
-
Please note that there could be risks in dealing with underage persons or people acting under false
pretences.
-
Peldano - Use of the 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 promoting 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;
- engages in commercial activities and/or sales without our prior written consent such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of
products related to the Platform. Throughout these Terms of Use, Peldano’s prior written consent
means a communication coming from Peldano’s Legal Department, specifically in response to your
request, and expressly addressing and allowing the activity or conduct for which you seek
authorization;
- 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 use and
enjoyment of similar services;
- refers to any website or URL that, in our sole discretion, contains material that is
inappropriate for the Platform or any other website, contains content that would be prohibited
or violates the letter or spirit of these Terms of Use;
- harm minors in any way;
- 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 the 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, offer, attempt to offer, trade or attempt 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 ‘Peldano’, or otherwise engage in any
conduct or action that might tarnish the image or reputation, of Peldano or Merchant on platform or
otherwise tarnish or dilute any Peldano’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 Peldano’s systems or networks, or any systems or networks
connected to Peldano.
- 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 may not use the Platform or any content on the Platform for any purpose that is unlawful or
prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other
activity that infringes the rights of Peldano and/or others.
- 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, customs 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.
- In order to allow us to use the information supplied by you, without violating your rights or any
laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights
or any other rights you have in your Information, in any media now known or not currently known,
with respect to your Information. We will only use your information in accordance with these Terms
of Use and Privacy Policy applicable to use of the Platform.
- 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.
- You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or
sell any products or services, including, but not limited to, products or services related to that
being displayed on the Platform or related to us. You may not transmit any chain letters or
unsolicited commercial or junk email to other users via the Platform. It shall be a violation of
these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or
harm another person, or in order to contact, advertise to, solicit, or sell to another person other
than us without our prior explicit consent. In order to protect our users from such advertising or
solicitation, we reserve the right to restrict the number of messages or emails which a user may
send to other users in any 24-hour period which we deem appropriate in its sole discretion. You
understand that we have the right at all times to disclose any information (including the identity
of the persons providing information or materials on the Platform) as necessary to satisfy any law,
regulation or valid governmental request. This may include, without limitation, disclosure of the
information in connection with investigation of alleged illegal activity or solicitation of illegal
activity or in response to a lawful court order or subpoena. In addition, We can (and you hereby
expressly authorize us to) disclose any information about you to law enforcement or other government
officials, as we, in our sole discretion, believe necessary or appropriate in connection with the
investigation and/or resolution of possible crimes, especially those that may involve personal
injury.
- We reserve the right, but has no obligation, to monitor the materials posted on the Platform.
Peldano shall have the right to remove or edit any content that in its sole discretion violates, or
is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use.
Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST
ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not
necessarily reflect Peldano views. In no event shall Peldano assume or have any responsibility or
liability for any Content posted or for any claims, damages or losses resulting from the use of
Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have
all necessary rights in and to all Content which you provide and all the information it contains and
that such Content shall not infringe any proprietary or other rights of third parties or contain any
libellous, tortious, or otherwise unlawful information.
- 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.
- Peldano shall have all the rights to take necessary action and claim damages that may occur due to
your involvement/participation in any way on your own or through group/s of people, intentionally or
unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without
our prior consent or a mutual legal agreement.
Account Registration or use of the Platform
You may access the Platform by registering to create an account (“ Peldano Account”) and become a member (“
Membership”); The Membership is limited for the purpose and are subject to the terms, and strictly not
transferable.
We will create your Peldano Account for your use of the Platform services based upon the personal information
you provide to us. You may only have one Peldano Account and not permitted to create multiple accounts. If
found, you having multiple accounts, Peldano reserves the right to suspend such multiple account without being
liable for any compensation.
You agree to provide accurate, current and complete information during the registration process and to update
such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your Peldano Account and your access to the Services (i) if any
information provided during the registration process or thereafter proves to be inaccurate, not current or
incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us;
and/or (iii) if you are found to be non- compliant with the Terms of Use.
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 Peldano Account,
whether or not you have authorized such activities or actions. You will immediately notify us of any
unauthorized use of your Peldano 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.
Bookings and Financial Terms
The Platform allows you to place order bookings and we will, subject to the terms and conditions set out herein,
enable the delivery of such order to you.
Peldano do not own, sell, resell on its own and/or do not control the Merchants or the related services provided
in connection thereof. You understand that any order that you place shall be subject to the terms and conditions
set out in these Terms of Use including, but not limited to, product availability and delivery location
serviceability.
As a general rule, all orders placed on the Platform are treated as confirmed.
However, upon your successful completion of booking an order, we may call you on the telephone or mobile number
provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this
purpose, you will be required to share certain information with us, including but not limited to (i) your first
and last name (ii) mobile number; and (iii) email address. It shall be your 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 the price of the order as informed by the
Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that
Peldano reserves the rights to not to process your order in the event you are unavailable on the phone at the
time we call you for confirming the order and such event the provisions of the cancellation and refund policy
below shall be applicable.
All payments made against the purchases/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 purchases 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) cash at the
time of delivery. You understand, accept and agree that the payment facility provided by Peldano is not a
banking or a 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, Peldano is neither acting as trustees nor acting in a fiduciary capacity with
respect to the transaction or the transaction price.
You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting
payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant,
your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such
amounts, to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the
Merchant for Order bookings made using the Platform.
You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total
amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the
applicable menu listing for the particular Merchant. Please note that we cannot control any amount that may be
charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this
regard.
In connection with your order, you will be asked to provide customary billing information such as name, billing
address and credit card information either to us or our third party payment processor. You agree to pay us for
the order placed by you on the Platform, in accordance with these Terms, using the methods described under
clause VII (6) above. You hereby authorize the collection of such amounts by charging the credit card provided
as part of requesting the booking, either directly by us or indirectly, via a third party online payment
processor or by one of the payment methods described on the Platform. If you are directed to our third-party
payment processor, you may be subject to the terms and conditions governing the use of that third party’s
service and that third party’s personal information collection practices. Please review such terms and
conditions and privacy policy before using the Platform services.
The final tax bill will be issued by the Merchant to the Buyer along with the order and Peldano is merely
collecting the payment on behalf of such Merchant. 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. Peldano
holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility
for any legal issues arising on the taxes shall reside with the Merchant.
The prices reflected on the Platform 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 is 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 such your order(s).
The Merchant shall be solely responsible for any warranty/guarantee of the products sold to the Buyers and in no
event shall be the responsibility of Peldano.
The transaction is bilateral between the Merchant and Buyer and therefore, Peldano is not liable to charge or
deposit any taxes applicable on such transaction.
Cancellations and Refunds
Cancellation
- As a general rule you shall not be entitled to cancel your order once you have received confirmation of the
same. In case of cancellations for the reasons attributable to Peldano or its vendors and delivery partners,
Peldano shall not charge you any cancellation fee.
- However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone
number provided to us at the time of placing the order and inform you of such unavailability. In such an
event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with
our refund policy.
- We reserve the sole right to cancel your order in the following circumstances:
- in the event of the designated address falls outside the delivery zone offered by us;
- failure to contact you by phone or email at the time of confirming the order booking;
- failure to deliver your order due to lack of information, direction or authorization from you at the
time of delivery;
Refunds
- You shall be entitled to a refund only if you prepay for your order at the time of placing your order on the
Platform and only in the event of any of the following circumstances:
- your order packaging has been tampered or damaged at the time of delivery;
- us cancelling your order due to (A) your delivery location following outside our designated delivery
zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or
(C) failure to contact you by phone or email at the time of confirming the order booking;
- you cancelling the order at the time of confirmation due to unavailability of the items you ordered
for at the time of booking.
- Our decision on refunds shall be at our sole discretion and shall be final and binding.
- All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms
that may be stipulated by the bank which has issued the credit / debit card.
- In case of payment at the time of delivery, you will not be required to pay for:
- orders where the packaging has been tampered or damaged by us;
- wrong order being delivered; or
- items missing from your order at the time of delivery.
Terms of Service
- You agree and acknowledge that we shall not be responsible for:
- The services or goods provided by the Merchant including, but not limited, serving of orders suiting
your requirements and needs;
- The Merchant’s services or goods not being up to your expectations or leading to any loss, harm or
damage to you;
- The availability or unavailability of certain items on the app listing; or
- The Merchant serving the incorrect orders.
- The details of the menu and price list available on the Platform are based on the information provided by
the Merchant and we shall not be responsible for any change or cancellation or unavailability.
- You may not be able to avail our Services if your delivery location is outside our current scope of Service.
We will keep you informed of the same at the time of confirming your order booking.
- You understand that delivery periods quoted to you at the time of confirming the order is an approximate
estimate and may vary. We will not be responsible for any delay in the delivery of your order.
- You order will be delivered to the address designated by you at the time of placing the order on the
Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to
the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of
change of the delivery location shall be at our sole discretion.
- You shall undertake to provide adequate directions, information and authorisations to accept delivery. In
the event of any failure to accept delivery, failure to deliver within the estimated time due to your
failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been
delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall
not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
- You understand that our liability ends once your order has been delivered to you.
Services provided:
- You confirm that we shall not be responsible for any deficiency in the payment of consideration payable
towards the goods purchased from the Services.
- Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the
Services shall be governed by these Terms of Use and any other terms as set out in such document confirms
such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of
the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms
therein.
- You agree and acknowledge that neither us nor the Merchant shall be liable in the event of you failing to
adhere to the Terms of Use.
- You might be required to provide your credit or debit card details to the approved payment gateways while
making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to
the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is
not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The
information provided by you will not be utilized or shared with any third party unless required in relation
to fraud verifications or by law, regulation or court order. You will be solely responsible for the security
and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise
as a consequence of any unauthorized use of your credit/ debit card.
- We do not offer any refunds against goods already purchased from the Platform unless an error that is
directly attributable to us has occurred during the purchase of such products 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.
- You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
No Endorsement
- We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate
information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be
responsible for any damage or harm resulting from your interactions with other Members.
- By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or
omissions of other Members or other third parties will be limited to a claim against the particular Members
or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any
legal remedy from us with respect to such actions or omissions.
General Terms of Use
- Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including
minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18
years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish
to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree
to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge
the Terms of Use and Peldano policies, you shall immediately discontinue its use. Peldano reserves the right
to terminate your Membership and / or deny access to the platform if it is brought Peldano’s notice that you
are under the age of 18 years.
- If you choose to use the Platform, it shall be your responsibility to treat your user identification code,
password and any other piece of information that we may provide, as part of our security procedures, as
confidential and not disclose the same to any person or entity other than us. We shall at times and at our
sole discretion reserve the right to disable any user identification code or password if you have failed to
comply with any of the provisions of these Terms of Use.
- As we are providing services in the select cities in India, we have complied with applicable laws of India
in making the Platform and its content available to you. In the event the Platform is accessed from outside
India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the
Platform and its contents are available or otherwise suitable for use outside select cities. If you choose
to access or use the Platform from or in locations outside select cities, you do so on your own and shall be
responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses,
registrations, permits, authorisations, rules and guidelines.
- You shall at all times be responsible for the use of the Services through your computer or mobile device and
for bringing these Terms of Use and Peldano policies to the attention of all such persons accessing the
Platform on your computer or mobile device.
- You understand and agree that the use of the Services does not include the provision of a computer or mobile
device or other necessary equipment to access it. You also understand and acknowledge that the use of the
Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to
access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be
responsible or liable for such costs.
- By using the Platform you represent and warrant that:
- All registration information you submit is truthful, lawful and accurate and that you agree to
maintain the accuracy of such information.
- Your use of the Platform shall be solely for your personal use and you shall not authorize others to
use your account, including your profile or email address and that you are solely responsible for
all content published or displayed through your account, including any email messages, and your
interactions with other users and you shall abide by all applicable local, state, national and
foreign laws, treaties and regulations, including those related to data privacy, international
communications and the transmission of technical or personal data.
- You will not submit, post, upload, distribute, or otherwise make available or transmit any content
that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be
stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful,
or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise
sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of
illegal activities with the intent to commit them.
- All necessary licenses, consents, permissions and rights are owned by you and there is no need for
any payment or permission or authorization required from any other party or entity to use,
distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy,
all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other
proprietary rights contained in any content that you submit, post, upload, distribute or otherwise
transmit or make available.
- You will not (a) use any services provided by the Platform for commercial purposes of any kind, or
(b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit
others (including, without limitation, solicitations for contributions or donations) or use any
public forum for commercial purposes of any kind.
- You will not use the Platform in any way that is unlawful, or harms us or any other person or
entity, as determined in our sole discretion.
- You will not post, submit, upload, distribute, or otherwise transmit or make available any software
or other computer files that contain a virus or other harmful component, or otherwise impair or
damage the Platform or any connected network, or otherwise interfere with any person or entity’s use
or enjoyment of the Platform.
- You will not use another person’s username, password or other account information, or another
person’s name, likeness, voice, image or photograph or impersonate any person or entity or
misrepresent your identity or affiliation with any person or entity.
- You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,”
“spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used
on the Internet.
- You will not delete or modify any content of the Platform, including but not limited to, legal
notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you
do not own or have express permission to modify.
- You will not post or contribute any information or data that may be obscene, indecent, pornographic,
vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing,
threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or
contrary to our interests.
- 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 Peldano and/or any of its officers and representatives from any cost,
damage, liability or other consequences 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, Peldano 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 Platform available to you across the working hours supported by our vendors.
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 at 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
- 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.
- You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an
Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to
the extent specified in these Terms of Use.
- The license granted to you for the Platform is limited to a non-transferable license to use the Platform on
a mobile device that you own or control and as permitted by these Terms of Use.
- We are solely responsible for providing any maintenance and support services with respect to the Platform as
required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to
furnish any maintenance and support services with respect to the Platform.
- You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you
or any third party relating to the Platform or your possession and/or use of the Platform, including, but
not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory
requirement; and (ii) claims arising under consumer protection or similar legislation.
- You and we acknowledge that, in the event of any third party claim that the Platform or your possession and
use of the Platform infringes that third party’s intellectual property rights, we, not the relevant
Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such
intellectual property infringement claim.
- You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must
ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless
data service agreement).
- You and we acknowledge and agree that the relevant Operator, Operator's subsidiaries are third party
beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator
will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against
you as a third party beneficiary thereof.
Disclaimers
- THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
- DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS
INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR
INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS
A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
- WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/
DEBIT CARDS.
- YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR
ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN
SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR
WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO,
ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU
HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S /
MERCHANTS SERVICES.
- PELDANO DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY AND STANDARDS
ACT, 2006 AND APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO
THE MERCHANT.
- 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 ANYDECISION 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.
Intellectual property
- 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.
- 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
license to do so from us or our licensors.
- If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to
use the Platform will cease immediately and you must, at our option, return or destroy any copies of the
materials you have made.
Treatment of information provided by you
We process information provided by you to us in accordance with our Privacy Policy.
Third Party Content
We cannot and will not assure that other users are or will be complying with the foregoing rules or any other
provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury
resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not
controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you
acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from
third-party sites to the Platform, although we are under no obligation to do so.
Severability
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of
the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent
and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and
deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding
and enforceable.
Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other
person.
Governing law and dispute resolution
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is
commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction
of the courts at Kerala, India.
IP Notice and Take Down Policy
Peldano 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: Peldano does not and cannot verify that Merchants have the right or ability to sell or distribute their
listed products. However, Peldano 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
Peldano.)
Contact Us
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement)
regarding this Platform.