THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF THE INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.
THIS DOCUMENT IS PUBLISHED IN ACCORDANCE WITH THE PROVISIONS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER THAT REQUIRES PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND TERMS OF USE FOR ACCESS OR USAGE OF THIS PLATFORM.
Welcome to www.docilekart.com(the “Website”) and mobile application or software application (“Application”) (collectively referred to as “Platform”), owned by Docile Online Mart Private Limited, a company incorporated under the Companies Act, 2013 (hereinafter referred to as the “Company”), having its registered office at 1-2-55 Paripally Street Beside Old Venkateshwara Swamy Temple Siddipet Medak, Telangana, India-502103.
The Company reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time without any prior written notice to you. It is your sole responsibility to review these Terms of Use periodically for updates or changes. Your continued use of the Platform following the posting of changes shall be deemed to mean that you accept and agree to the revisions. As long as you comply with these Terms of Use, the Company grants you a personal, non-exclusive, non-transferable, limited privilege to access and use the Platform.

You should read these Terms of Use and access and read all further linked information, if any, referred to in these Terms of Use, as such information contains further terms and conditions that apply to you as a user of the Platform. Such linked information including but not limited to the Company’s privacy policy (“Privacy Policy”) is hereby incorporated by reference into these Terms of Use.

TERMS OF USE FOR CUSTOMERS

For the purpose of these Terms of Use (“the Terms”), wherever the context so requires, the term:

a) “Customer” shall mean you or any individual who, for the purpose of purchasing the Products and services listed on the Platform or otherwise for any reason, uses the Platform.

b) “Services” shall mean and include a personal, limited, non-exclusive, non-transferable, and revocable privilege to access and use the Platform for the purposes of purchasing select products including consumer goods such as grocery and any such products which are listed on the Platform (collectively, “Product(s)”) from the Company, accessing services provided by the Company, through the Platform, including but not limited to last-mile delivery of Products.

c) “Force Majeure Event” shall mean any event that is beyond the reasonable control of the Company and shall include, without limitation, sabotage, fire, flood, excessive rain, explosion, acts of God, civil commotion, strikes, lockouts or industrial action of any kind, break-down of delivery partner’s vehicle, riots, insurrection, war, acts of government, foreign or governmental order including orders of lock-down, quarantine, an outbreak of an epidemic, pandemic or other communicable diseases, computer hacking, civil disturbances, unauthorised access to computer data and storage device, computer crashes, breach of security and encryption, and any other similar events not within the control of the Company and which the Company is not able to overcome.

1. MEMBERSHIP ELIGIBILITY

1.1. Use of the Platform is available only to persons who can enter into legally binding contracts under the Indian Contract Act, 1872. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents and persons of unsound mind are not eligible to use the Platform.

1.2. Any person under the age of 18 shall not register on the Platform and shall not transact on or use the Platform. If a minor wishes to use or transact on the Platform, such use or transaction may be made by the minor’s legal guardian or parents on the Platform. Any minor accessing, using or transacting on the Platform in violation of these Terms shall be doing so at their own risk and the Company shall not be responsible or liable for any activities or interactions of such minor on the Platform.

1.3. The Company, at any time, reserves the right to terminate any person’s membership and/or refuse to provide such person with access to the Platform if it is brought to the Company’s notice or if it is discovered that such person is not eligible to use the Platform.

2. ACCEPTANCE OF TERMS

2.1. The Customer is required to carefully read these Terms, as it contains the terms and conditions governing the Customer’s use of the Platform and any content such as text, data, information, software, graphics, audio, video or photographs etc. that the Company may make available through the Platform along with any services that the Company may provide through the Platform. By further accessing or using the Platform, the Customer is agreeing to these Terms and entering into a legally binding contract with the Company. The Customer may not use the Platform if the Customer does not accept the Terms or is unable to be bound by these Terms.

2.2. In order to use the Platform, the Customermust first agree to the Terms. The Customer can accept the Terms by:

2.2.1. accessing or scrolling the Platform;

2.2.2. logging into or registering with the Platform in the manner indicated herein; or

2.2.3. actually using the Platform. In this case, the Customer understands and agrees that the Company will treat the Customer’s use of the Platform as acceptance of the Terms from that point onwards.

3. OPENING AN ACCOUNT

3.1. The Platform allows only limited and restricted access to the services for unregistered users.

3.2. In order to use the Platform, as part of the sign-up process, the Customer will have to create an account on the Platform (“CustomerAccount”), which can be done either by signing up, by using the Customer’s personal e-mail address, using mobile number and one time password sent on the registered mobile numberor through such other means as may be indicated by the Company from time to time. In case of login through personal e-mail address, the Customer will be required to provide the Customer’s name, a valide-mail address and a password.

3.3. While signing-up with the Company to use the Platform, the Customer shall not:

3.3.1. create a Customer Account for anyone other than the Customer, unless such person’s prior permission has been obtained;

3.3.2. use a Customer Account that is the name of another person with the intent to impersonate that person; or

3.3.3. create more than one Customer Account on the Platform.

The Company cannot and will not be liable for any loss or damage arising from the Customer’s failure to comply with this Clause.

3.4. The Customer hereby confirms and undertakes that the information provided by the Customer while signing-up is and will be true, accurate, up-to-date, and complete at all times. The Customer agrees that if the Customer provides any information to the Company that is untrue, inaccurate, not up-to-date or incomplete or becomes untrue, inaccurate, not up-to-date or incomplete, the Company shall have the right to indefinitely suspend or terminate or block access to the Customer Account on the Platform and refuse to provide the Customer access to the Platform.

3.5. Once registered, the Customer can log in to the Customer Account by (a) using the e-mail address and password; or (b) by using mobile number and one time password sent on the registered mobile number (“Customer Login Credentials”).

3.6. The Customer understands that once the Customer registers as a user on the Platform, the Customer may receive multimedia text messages as SMS, WhatsApp, Facebook messenger, Instagram, Telegram and phone calls from the Company on the registered mobile number and the Customer may receive e-mails on the Customer’s registered e-mail address. These messages, e-mails and calls could relate to the Customer’s registration, transactions that the Customer carries out through the Platform and promotions that are undertaken by the Company. The Customer, hereby, by way of accepting these Terms consent to the receipt of such communication from the Company.

3.7. If the Customer does not want to create a Customer Account on the Platform, the Customer, as an unregistered user, is not permitted to make purchases on the Platform without creating an account.

4. ACCOUNT CONFIDENTIALITY OBLIGATIONS

4.1. The Customer agrees that the sole responsibility of maintaining the security and confidentiality of the Customer Login Credentials rests with the Customer at all times. The Customer shall not share these Customer Login Credentials with any third party and the Company shall not be liable for any loss or damage arising from such breach.

4.2. The Company reserves the right to take any and all action, as it deems necessary or reasonable, regarding the security of the Platform and the Customer Account.

4.3. The Customer is solely responsible for all activities that occur under the Customer Account and hereby undertakes that no such activity shall be unlawful or in violation of any applicable laws, rules and regulations of India.

4.4. In no event and under no circumstances shall the Company be held liable for any liabilities or damages resulting from or arising out of the Customer’s use of the Platform or the Customer Login Credentials, theft of the Customer Login Credentials or release by the Customer of the Customer Login Credentials to a third party, or the Customer’s authorization to allow another person to access and use the Platform using the Customer Account.

4.5. The Customer agrees to (a) immediately notify the Company of any misappropriation or unauthorised use of the Customer Account or any other breach of security via. the registered e-mail address that was used at the time of signing-up or in such other manner as may be indicated by the Company; and (b) exit from the Customer Account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from the Customer’s failure to comply with this Clause. The Customer may be held liable for losses incurred by the Company or any user or visitor of the Platform due to authorised or unauthorised use of the Customer Account, as a result of the Customer’s failure in keeping the Customer Login Credentials confidential.

5. USE OF THE PLATFORM

5.1. The Customer agrees, undertakes and covenants that, during the use of the Platform, the Customer shall not host, display, upload, modify, publish, transmit, update or share any information that:

5.1.1. belongs to another person or entity and to which the Customer does not have any right;

5.1.2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, sexually-explicit (including nudity, implied nudity, excessive visible skin or cleavage, even if not explicitly sexual in nature, and any images focused on individual body parts, even if not explicitly sexual in nature), paedophilic, libellous, invasive of another person’s privacy, hateful or racially or ethnically objectionable, sensational, gory, depicting violence or threats of violence, or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;

5.1.3. could be construed as divisive/stereotyping should be avoided if it could be interpreted as ‘hateful’ (Gender exclusive content is excluded from this, provided it is positive);

5.1.4. is misleading in any way;

5.1.5. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;

5.1.6. 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, e-mail address, physical address or phone number) or rights of publicity;

5.1.7. contains assertions or implications about a person’s race, ethnic origin, religion, beliefs, age, sexual orientation or practices, gender identity, disability, medical condition (including physical or mental health), financial status. However, pro-equality content, particularly for gender and sexuality shall be permissible;

5.1.8. provides instructional information about illegal activities such as violating someone’s privacy, or providing or creating computer viruses;

5.1.9. provides information about any products, services, or content that are inappropriate, illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. This could include promotion of tobacco or tobacco-related products, recreational or medical marijuana, bongs and rolling papers;

5.1.10. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, or other areas of the Platform or solicits passwords or personally identifying information for commercial or unlawful purposes from other users of the Platform;

5.1.11. engages in commercial activities without the Company’s prior written consent such as engages in contests, sweepstakes, barter, advertising etc.;

5.1.12. exploits controversial political or social issues for commercial purposes;

5.1.13. interferes with another user’s use of the Platform;

5.1.14. refers to any website or URL that, in the Company’s 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;

5.1.15. deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;

5.1.16. serves to communicate fake, inaccurate or misleading information including fake inaccurate or misleading news or facts;

5.1.17. contains software viruses or any other computer codes, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or

5.1.18. contains any trojan horses, worms or other computer programming routines that may damage, detrimentally interfere with, diminish value of, covertly intercept or steal any system, data or personal information.

5.2. The Customer agrees and acknowledges that (a) the Customer shall not use the Platform for any illegal or unauthorized purpose; and (b) the Customer’s use of any information or materials on the Platform is entirely at the Customer’s own risk, for which the Company shall not be liable. The Customer agrees to comply with all laws, rules and regulations applicable to the use of the Platform. The Customer further agrees and acknowledges that the Customer shall use the Customer Account on the Platform to purchase products only for the Customer’s personal use and not for business purposes or any commercial exploitation.

5.3. The Customer shall not use anyone else’s account at any time and the Company shall not be liable for any claims arising out of such authorised or unauthorised use.

5.4. The Company shall have the right, but not the obligation, to monitor access to or use of the Platform to ensure the Customer’s compliance with these Terms or applicable laws or other legal requirements, at its sole discretion.

6. CUSTOMER POSTS AND REVIEWS

6.1. The Platform may allow the Customer to post certain content, data or information belonging to the Customer, such as reviewing and allowing the Customerto share the Customer’s experience and views about a particular blog-post, rate products and/or Vendors, post the Customer’s comments and reviews in relation to contents and/or products on the Platform on specific pages of the Platform, as well as submit/post any photos, videos, suggestions, comments, questions or other information to the Company using the Platform (collectively referred to “User Content”).

6.2. The Customer, being the originator of the User Content, is responsible for the User Content that the Customeruploads, posts, publishes, transmits or otherwise makes available on the Platform. The Customer represents that the Customerexclusively owns the copyright in the User Content and has obtained all relevant consents and approvals in order to post any User Content. The Customer further represents that all such User Content will be in accordance with applicable law. The Customer acknowledges that the Company does not endorse any User Content on the Platform and is not responsible or liable for any User Content. The Company reserves the right to disable access to the User Content on the Platform.

6.3. In case a third party appears in a User Content, the Customer confirms that the Customer has obtained the prior consent of such third party before uploading or posting such User Content. The Customer further agrees that the Customershall indemnify the Company against any and all claims raised by such third party with respect to the User Content.

6.4. The Customer hereby grants the Company a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available, reproduce, modify, adapt the User Content and create derivate works of the User Content in any manner as deemed appropriate by the Company in any form including but not limited to print, broadcast, online and across any and all websites owned by the Company, any and all platforms owned by the Company on any social media channels including but not limited to Instagram, Facebook and Twitter.

6.5. The Customer represents and warrants that the Customerowns or otherwise controls all of the rights to the User Content that the Customerposts or that the Customerotherwise provides on or through the Platform; and that, as at the date that the User Content is posted or submitted on the Platform: (a) the User Content is accurate; (b) use of the User Content the Customersupplies does not breach these Terms; and (c) that such User Content is lawful.

6.6. The Customer further represents and warrants that while posting any User Content on the Platform the Customershall not use any offensive, libellous, derogatory, hateful or racially or ethnically objectionable language. Further, the Customershall not post any content on the Platform that is obscene, pornographic, or constitutes an “indecent representation of women” as provided in The Indecent Representation of Women (Prohibition) Act, 1986.

7. PAYMENT FACILITY

7.1. The Platform permits payment via various modes, including cash on delivery (COD), virtual payment wallets and online payments through debit/credit cards, UPI and internet banking.

7.2. If the Customer purchases the Products using the cash on delivery (“COD”) option, upon delivery of the Products, the Customer is not permitted to refuse receipt of such Products. In the event that the Customer refuses receipt of such delivered Products and/or does not pay for the same, the Company reserves the right to cancel order and charge the delivery fee for such cancelled order and recover the same, and/or blacklist the Customer and/or block access to the Customer Account on the Platform and/or take any other action as the Company may deem fit.

7.3. While availing any of the payment method/s available on the Platform, the Company will not be responsible for or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to the Customer due to:

7.3.1. Lack of authorization for any transaction(s);

7.3.2. Exceeding the pre-set limit mutually agreed by the Customer and between bank/s;

7.3.3. Any payment issues arising out of the transaction;

7.3.4. Rejection of transaction for any other reason(s) whatsoever.

7.4. All payments made against the purchases on Platform by the Customer shall be compulsorily in Indian Rupees. It is expressly clarified that the Company will not facilitate transactions with respect to any other form of currency with respect to the purchases made on the Platform.

7.5. The payment facility provided on the Platform is facilitated by a third-party service provider. Any payment made through the Platform shall be subject to the terms and conditions of the third-party service provider. The Company shall not be responsible or liable for any errors, delays, or issues arising from the use of the third-party payment service.

7.6. At the time of delivering the Customer’s order, the Customer may be required, in certain cases, to provide supporting documents (including but not limited to identification and address proof issued by the Government of India). This is done in the interest of providing the Customer with a safe online shopping environment.

7.7. The Customer acknowledges that the Company will not be liable for any damages, interests or claims, losses resulting from or suffered on account of not processing a transaction/ transaction amount or any delay in processing a transaction/ transaction amount which is beyond the control of the Company.

8. PRICING OF PRODUCTS

8.1. All the Products listed on the Platform will be sold at IndianRupees either at maximum retail price (MRP)(inclusive of all taxes) or at a discounted price unless otherwise specified.

8.2. We strive to ensure that all information on our Platform is accurate and up-to-date, including product descriptions, pricing, and images. However, we cannot guarantee the accuracy of all information at all times, and errors or inaccuracies may occur from time to time. In the event that an error or inaccuracy is discovered, we reserve the right to correct it without prior notice.

8.3. If you place an order for a Product that was inaccurately priced, described, or displayed on our Platform, we reserve the right to cancel your order or contact you to inform you of the error and give you the opportunity to proceed with your order at the correct price, description, or image.

8.4. We make every effort to ensure that the prices displayed on our Platform are accurate and up-to-date. However, we cannot guarantee that prices will not change from time to time, and we reserve the right to adjust prices at any time without prior notice. If you place an order at a price that is later discovered to be inaccurate or outdated, we reserve the right to cancel your order or contact you to inform you of the correct price and give you the opportunity to proceed with your order at the corrected price.

8.5. Similarly, we make every effort to ensure that product images on our Platform accurately depict the products we offer. However, images may not always be an exact representation of the Product, and we cannot guarantee that the images on our platform will always be accurate. If you receive a Product that does not match the image displayed on our Platform, we encourage you to contact us to let us know, and we will make every effort to resolve the issue.

8.6. By using our Platform, you acknowledge and agree that errors and inaccuracies may occur from time to time, and you release us from any liability arising from such errors or inaccuracies. You also agree to cooperate with us to resolve any issues related to inaccurate pricing, product descriptions, or images.

9. SHIPPING/DELIVERY

9.1. The Company reserves the right to accept or reject an order placed on the Platform in part or in full. The Company will notify the Customer of its acceptance of the order on the email address (provided at the time of registration or purchase) and/or through Platform, as soon as possible by confirming receipt of the order placed and dispatch of the same. The Company may also require additional verifications or information before accepting any order. All decisions in relation to the acceptance or rejection made by the Company shall be final and binding. The Customer agrees not to challenge such decision in any manner whatsoever.

9.2. As soon as an order is dispatched, the Company will send a shipping confirmation and contact the Customer via. e-mail or multimedia text messages as SMS, WhatsApp, or phone calls from the Company on the Customer’s mobile number with the delivery details or in such other manner as may be deemed fit by the Company. The Customer, as a registered user, can track the order using the Platform and can also track the order by visiting the ‘Order History’ page under the Customer Account.

9.3. Once the order has been placed, the Customer agrees and acknowledges that the Customer cannot modify the order or shipping address. The Company will provide delivery of the Products during such time period as communicated to the Customer through the Platform. The Company endeavours to show the estimated delivery time for every order, however, the Company does not guarantee the delivery within the said time, since the exact delivery time of each order may vary due to various factors such as availability of third-party delivery service providers, demand, traffic and weather conditions, a Force Majeure Event, etc. Further, Customer can check the estimated time of arrival(“ETA”), when you go to the homepage of the Platform even before placing an order, to ensure that you are aware of the ETA before proceeding with placing an order. Customer agree that the Company reserves the right to charge you, fee for rain, peak hours and/or very high demand in addition to the delivery fee towards the delivery of the orders, which you can see on the view bill section before checkout page on the Platform.

9.4. The delivery of the Products will be made to the delivery address specified by Customer while placing the order for the Products on the Platform. Customer are solely responsible for providing a complete and correct delivery address and, if applicable, further instructions for delivery. The Company shall not be responsible for any delay in delivering the order placed by Customer on the Platform caused due to the incorrect or incomplete address provided by Customer.

9.5. The Company provides services through its own delivery partner or third-party delivery service providers. Generally, the delivery will be made when someone is present to receive the order at the specified address. In case you opt for an unattended delivery at your address, you absolve the Company of any liability that may arise from leaving the products unattended. This includes theft, tampering, contamination, or any damage caused by a change in temperature, especially for items that require refrigeration or freezing.

10. LINKS TO THIRD PARTY WEBSITES

10.1. The Platform may contain links and interactive functionality interacting with the websites of third parties. The Company is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions to communicate with any such website or otherwise visiting any such website, the Company strongly recommends that the Customer reviews and understands the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website.

11. REPRESENTATIONS

The Customer hereby represents and warrants that the Customer has validly entered into these Terms and has the legal power to do so. The Customer further represents and warrants that the Customer shall be solely responsible for the due compliance with these Terms.

12. LIMITATION OF LIABILITY

12.1. The Customer hereby acknowledges that the Company shall not be held liable to the Customer for any special, consequential, incidental, and exemplary or punitive damages, or loss of profit or revenues. The Company shall also not liable under any circumstance for damages arising out or related in any way to the Customer’s inability to access, or the Customer’s difficulty in accessing the Platform, any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Platform by any third party, any loss of the Customer’s data or content from the services, the Customer’s failure to keep the Customer Login Credentials secure and confidential.

12.2. The Company shall not be liable under any circumstances for damages arising out of or in any way related to products, services and/or information offered or provided by third-party vendors accessed through the Platform.

13. DISCLAIMER OF WARRANTIES

13.1. THE PLATFORM AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO THE CUSTOMER THROUGH THE PLATFORM (COLLECTIVELY, THE “CONTENTS”) ARE PROVIDED BY THE COMPANY ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, THE ACCURACY OR COMPLETENESS OF THE CONTENTS AND THE ACCURACY OF THE INFORMATION. THE COMPANY SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO THE CUSTOMER’S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, DOCUMENT OR INFORMATION. THE CUSTOMER EXPRESSLY AGREES THAT THE USE OF THE PLATFORM IS AT THE CUSTOMER’S SOLE RISK. THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE PLATFORM OR THE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE PLATFORM AND ITS CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

13.2. THE COMPANY DOES NOT MAKE ANY REPRESENTATION OR WARRANTIES IN RESPECT OF THE PRODUCTS AVAILABLE ON THE PLATFORM NOR DOES THE COMPANY IMPLICITLY OR EXPLICITLY SUPPORT OR ENDORSE THE SALE OR PURCHASE OF ANY PRODUCTS ON THE PLATFORM. THE COMPANY ACCEPTS NO LIABILITY FOR ANY ERROR, INACCURACY OR OMISSION OF THIRD PARTIES OR FOR INFORMATION/INPUTS RECEIVED FROM THIRD PARTIES AND PROVIDED TO YOU THROUGH THE PLATFORM OR OTHERWISE. THE COMPANY DOES NOT HAVE ANY CONTROL OVER THE QUALITY, FAILURE TO PROVIDE OR ANY OTHER ASPECT WHATSOEVER OF THE PRODUCT(S) AND IS NOT RESPONSIBLE FOR DAMAGES OR DELAYS ON ACCOUNT OF PRODUCTS WHICH ARE OUT OF STOCK, UNAVAILABLE OR BACK ORDERED.

14. INDEMNIFICATION

The Customer shall indemnify and hold harmless the Company, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any and all claims or demands, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of the Customer’sbreach of these Terms, Privacy Policy and other policies, or the Customer’sviolation of any law, rules or regulations or the rights (including infringement of any intellectual property rights) of a third party.

15. CONTENT AND INTELLECTUAL PROPERTY RIGHTS

15.1. The Company solely and exclusively owns copyrights, trademarks, service marks, logos, trade names, and other intellectual and proprietary rights associated with the Company’s Services provided on the Platform and Contents and is protected under Indian law.

15.2. Through the Customer’s use of the Platform, by no means are any rights impliedly or expressly granted to the Customer in respect of such Services and Contents. The Company reserves the right to change or modify the Services and/or the Contents (as the case may be) from time to time at its sole discretion.

15.3. The Customer hereby acknowledges that the Contents and the Services constitute original works and have been developed, compiled, prepared, revised, selected, and arranged by the Company and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of the Company and such others. The Customer thereby agrees to protect the proprietary rights of the Company during and after the term of these Terms. The Customer may not selectively download portions of the Platform without retaining the copyright notices.

15.4. Any infringement shall lead to appropriate legal proceedings against the Customer at appropriate forum for seeking all available remedies under applicable laws of the country.

16. TERMINATION OF ACCESS TO SERVICES

16.1. The Account can be terminated at any time by:

16.1.1. the Customer, by ceasing to use the Platform; or by

16.1.2. the Company in its sole discretion, for any reason or no reason including the Customer’s violation of these Terms or lack of use of Services.

16.2. The Customer acknowledges that the termination of Services may come into effect without any prior notice, and the Company shall thereafter, immediately deactivate or delete the Customer Account and all related information and/or bar any further access to the Customer Account or the services. Further, the Customer agrees that the Company shall not be liable for any discontinuation or termination of services by any third party.

16.3. The disclaimer of warranties, the limitation of liability, and the governing law provisions shall survive any termination of these Terms.

17. PRIVACY POLICY

17.1. As elaborated under the Privacy Policy, the Company will keep all confidential information confidential and shall not disclose it to anyone except as required by law, and shall ensure that such confidential information is protected with security measures and a degree of care that it would apply to its own confidential information.

17.2. The Company acknowledges that its employees, directors, agents and contractors shall use the confidential information only for the intended purpose for which it is provided. The Company shall use all reasonable endeavours to ensure that its employees, directors, agents and contractors acknowledge and comply with the provisions of these terms of confidentiality as if such person was subject to these terms of confidentiality. If the Customer objects to the Customer’s information being transferred or used, the Customer is advised not to use the Platform.

18. ASSIGNMENT

It is expressly agreed by the parties that the Company may assign all or part of its rights or duties under these Terms without such assignment being considered a change to these Terms and without notice to the Customer, except to the extent provided by law.

19. GOVERNING LAW

These Terms shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall exclusively be in Hyderabad, India.

20. GRIEVANCE REDRESSAL MECHANISM

In accordance with the Information Technology Act, 2000 and Rules made thereunder, the name and contact details of the Grievance Officer are provided below:

21. HOW TO CONTACT US

If the Customerhas questions or concerns about this Policy, the Customer may contact the Company at contact@docilekart.com.