Terms of Service
Welcome to DigiChal
DigiChal Consultancy Private Limited provides general information about our products and services that should not be construed as any advice or recommendations of particular products or services. Material on this website/application may contain general information about products and services. Unless expressly stated otherwise, this information:
• Does not constitute an offer or inducement to enter into a legally binding contract; and
• Does not form part of the terms and conditions for said products and services.
It is advisable to obtain appropriate advice from an appropriate authorised adviser before making any decisions or before purchasing products or services.
For the purposes of these Terms, ‘User’ and wherever the context may require, ‘You’ (or any variation thereof), shall mean any natural or legal person (including any legal heirs, administrators or successors) who has agreed to become a user of the Platform by accessing or using the Platform. If You are accepting these Terms and using the Services (as defined below) or the Platform on behalf of a company, organization, government, or other legal entity, You represent and warrant that You are authorized to do so.
• Unless the context otherwise requires, “DigiChal’’, “We”, “us”, “our” or “Company” shall mean DigiChal Consultancy Private Limited or any of its licensees, whether now or in the future.
• The Company enables transactions on its Platform between participating restaurants/stores/merchants/sellers and buyers, dealing in (a) food and beverages, (b) provisions, consumer goods, consumables etc., and (c) any other products or services ("Platform Services''). The buyers ("Buyers'') 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, grocery stores, other service providers ("Merchants''), on the Platform.
• These Terms contain rules, regulations, policies, terms and conditions applicable to any Person who may access or use the Platform, as modified and updated from time to time.
• Use of the Platform and the Services provided are subject to the rules and regulations, policies, notices, terms and conditions set forth or included by reference in these Terms.
• Please read these Terms carefully before using or registering on the Platform or listing any item, accessing any material, information or Services, posting any information at or through the Platform.
• As a User, the User Agreement shall be effective and binding upon your ‘acceptance’. ‘Acceptance’ shall mean Your affirmative action is on entering information as requested on the sign up page or simply by accessing or visiting the Platform. If You do not agree or are not willing to be bound by the User Agreement and our Policies(defined below), please do not enter information as requested on the sign up page and click the “Accept” button or do not seek to obtain access to, view, visit, download or otherwise use the Platform (or any of its components/constituents) or any information or Services.
Links to other website/application:
The DigiChal Consultancy Private Limited website/application may contain links to other website/application operated by third parties (“Third Party Website/application”). DigiChal Consultancy Private Limited does not endorse, or approve of the operators of Third Party Website/application, or the information, graphics and material on those Third Party Website/application (“Third Party Material”), even when linked to from an “DigiChal Consultancy Private Limited ” button. Subject to any applicable law which cannot be excluded, DigiChal Consultancy Private Limited makes no warranties or representations:
regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Website/application; or
that Third Party Material does not infringe the intellectual property rights of any person. DigiChal Consultancy Private Limited is not authorising the reproduction of Third Party Material by linking Material on this website/application to Third Party Material.
All offers to sell and statements relating to goods and services available on Third Party Website/application are the responsibility of and given by the Third Party Website/application operator. In so far as such offers and statements are made on the DigiChal Consultancy Private Limited website/application , such offers and statements are made by DigiChal Consultancy Private Limited on behalf of the operator. DigiChal Consultancy Private Limited expressly disclaims acting in any other respect on behalf of Third Party Website/application operators.
DigiChal Consultancy Private Limited may receive payments from operators of Third Party Website/applications in relation to goods or services supplied by the operator as a result of you linking to the Third Party Website/application from the DigiChal Consultancy Private Limited website/application .
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 or any other proprietary rights;
• 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;
• 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, the Company’s prior written consent means a communication coming from the Company’s authorised representative, 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 user 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; harm minors in any way;
• 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.
• In case of any action, omission, transaction or attempted transaction which is violative of these Terms or applicable Laws comes to Your knowledge, You shall forthwith take all steps to inform the Company of such violation at email@example.com
• 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 may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by the User Agreement, or to solicit the performance of any illegal activity or other activity that infringes the rights of the Company 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 Laws; and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, general sales 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.
• 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 and Policies 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 complete, accurate and not misleading 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 the User Agreement 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. 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 any 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 have no obligation, to monitor the materials posted on the Platform. The Company 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. 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 reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or Losses resulting from use of content and/or appearance of the 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 information it contains and that such content shall not infringe any proprietary or intellectual property 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 is also 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.
• The Company respects the intellectual property rights of others and expects Users of the Services to do the same. We reserve the right to remove content alleged to be infringing without prior notice, at our sole discretion, and without any liability to You. We will respond to notices of alleged infringement that comply with applicable Law and are properly provided to us. If You believe that Your content has been copied in a way that constitutes copyright infringement, please report this at firstname.lastname@example.org
• The Company may in future charge a fee or charges, as intimated from time to time on the Platform, for registration on the Platform as Users especially for maintaining an official account, for availing services provided by the Company through the Platform. Currently, the Company does not levy any charges/fees for registration, access or maintaining an account on the Platform. The Company reserves the right to introduce new services including any premium or paid services or modify or discontinue any existing services provided on the Platform. Changes to the Terms or any of the Policies of the Company shall be published on the Platform and such changes shall automatically become effective immediately after they are published on the Platform. You are requested to visit the Terms and various Policies links on the Platform often to keep abreast of any amendments
• You confirm that these Terms hereunder (and the User Agreement) will not conflict with, result in a breach of or constitute a default (or any event that, with notice or lapse of time, or both, would constitute a default) or result in the acceleration of any obligation under any of the terms, conditions or provisions of any other agreement or instrument to which You are a party or by which You are bound or to which any of Your property or assets are subject, conflict with or violate any of the provisions of its charter documents, or violate any statute or any order, rule or regulation of any Authority that would materially and adversely affect the performance of Your duties hereunder. You have obtained any consent, approval, authorization of Authority required for the execution, delivery and performance of its respective obligations hereunder. If the Company suffers any Loss or damages or a claim is made by any Person against the Company or the Platform as a result of a breach or default or contravention on Your part of the User Agreement , You agree to, forthwith upon delivery of notice by the Company, make good such Losses or damages or claim amounts suffered by the Company.
• You confirm that there is no action, suit or proceeding pending against You or to Your knowledge, threatened in any court or by or before any other Authority which would prohibit Your entering into or performing obligations under the User Agreement.
• You confirm that You shall not transfer Your account and shall not assign any rights and obligations under the User Agreement to any third party without the specific written permission of the Company.
The Merchants may list and provide the details of the products/ services offered for sale to the Buyers as a registered user of the Platform.
However the Merchants shall not be permitted to sell any product that fall are under the list of banned items https://s3.ap-south-1.amazonaws.com/static-digichal.in/digichalWebsite/DigiChal_banned_products+.pdf identified by the Company from time to time, or are otherwise prohibited for sale under applicable Law. The Merchants agree and undertake that are legally permitted to sell the products listed for sale on the Platform. Listings may only include text descriptions, graphics and pictures that describe your products for sale. All listed products must be listed in an appropriate category on the Platform. Soliciting business offline or outside of the Platform with the Buyers is expressly prohibited and would be considered as a breach of the User Agreement. All listed products must be kept in stock for successful fulfilment of orders. The Merchants hereby agree and undertake that descriptions, images, and other content pertaining to the products/services is complete and accurate, and corresponds directly with the appearance, nature, quality, purpose and other features of such products/services. The listing description of the products must not be misleading and must describe the actual condition of the product. If the product description does not match the actual product, You agree to refund any amounts that You may have received from the Buyer. You shall not abuse or misuse the Platform or engage in any activity which violates the terms of the User Agreement. In any such case, the Company may suspend your account or permanently debar You from accessing the Platform.
For all the transactions between the Merchant and the Buyer, the Merchant agrees to pay an amount equal to 2% of the transaction value (“Transaction Fees”) to the Company. The Merchant agrees that the Transaction Fees is subject to change and such change shall be published on the Platform from time to time.
We use third party service providers or payment gateway(s) for processing the payments made in relation to the purchase of products offered by the Merchants to Buyers.
The relevant third party service provider shall transfer the amount paid by the Buyer against an Order (after deducting the Transaction Fees) in the Merchant’s account, within 2 working days from the Buyer being in receipt of the good/service pursuant to such an Order delivered.
In order to enable Buyers to use paid services on the Platform, the Company facilitates the provision of Pay Facility by a third-party service provider on the Platform, at its sole discretion. The Pay Facility shall enable automated collection and remittance services using the facilities of various Indian banks, financial institutions, credit/ debit/ cash card brands, various third-party service providers and/or payment card industry issuers and through such other infrastructure and facilities as may be authorized by the Reserve Bank of India for collection, refund and remittance, as the case may be. The Pay Facility shall be availed in accordance with these Terms.
The Pay Facility may support payments through credit/debit cards from the banks that are available while selecting the Pay Facility as the payment method or by cash. The Pay Facility may support payments through UPI and mobile wallet payment options. However, payment mechanisms may be added or removed or suspended through any one or more banks directly or through any payment gateway facilitators and such change shall come into effect upon the same being published on such third party service provider’s website.
The Pay Facility shall be made available to the Buyers to make payment easier. In case wrong bank account details are used by the Buyer, the Company shall not be responsible for loss of money, if any. In case of there being any technical failure, at the time of transaction and there is a problem in making payment, You could contact us email@example.com however, the Company shall not be liable for transaction failure or payment issues. You assume sole responsibility for all risks associated with transfer of money or payments to the Merchants, whether or not such transfer or payments are done through the use of a third-party payment gateway. All disputes regarding delayed payments or failed payments must be resolved by You, and the third-party payment gateway directly.
You agree and accept that the Company is neither acting as a trustee nor acting in a fiduciary capacity with respect to the payment transaction by reason of providing the Pay Facility or any other method of payment to its Buyers.
While availing any of the payment method/s available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to
You due to:
• Lack of authorization for any transaction;
• Exceeding the preset limit mutually agreed by You and between "Banks";
• Any payment issues arising out of the transaction; or
• Decline of transaction for any other reason.
Payment Facility for Buyers:
• You, as a Buyer, understand that upon initiating a transaction You are entering into a legally binding and enforceable contract with the Merchant to purchase the products and /or services from the Merchant using the Pay Facility, and You shall pay the transaction price through Your issuing bank to the Merchant using Pay Facility.
• You, as a Buyer, shall be entitled to claim a refund of the transaction price from the Merchant (as Your sole and exclusive remedy) in case You do not receive the delivery of the goods or services being sold by the Merchant within the time period agreed in the transaction. In case You do not raise a refund claim using the Platform features within the stipulated time, then this would make You ineligible for a refund.
• You, as a Buyer, understand that refund may not be available in full or in part for certain category of products and/or services and/or transactions and hence You may not be entitled to a refund in respect of the transactions for those products and /or services.
• Except for ‘cash on delivery’ transactions, refund, if any, shall be made at the same issuing bank from where the transaction price was received, or through any other method available on the third party payment gateway’s website, as chosen by You.
• For ‘cash on delivery’ transactions, refunds, if any, will be made via electronic payment transfers in accordance with the policies adopted by the third party payment gateway.
• Refund shall be made in Indian Rupees only and shall be equivalent to the transaction price received in Indian Rupees.
• For electronics payments, refund shall be made through payment facility using any other online banking / electronic funds transfer system approved by Reserve Bank India (RBI).
• Refunds may be supported for select banks. Where a bank is not supported for processing refunds, You will be required to share alternate bank account details with for processing the refund.
• Refund shall be conditional and shall be with recourse available to the Company in case of any misuse by Buyer.
• We may also request You for additional documents for verification.
• The Company reserves the right to impose limits on the number of transactions or transaction price from an individual valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by Reserve Bank of India to provide enabling support facility for collection and remittance of payment or by an individual Buyer during any time period, and reserves the right to refuse to process transactions exceeding such limit.
• The Company reserves the right to refuse to process transactions by Buyers with a prior history of questionable charges including without limitation breach of the User Agreement by Buyer with the Company or breach/violation of any law or any charges imposed by the issuing bank.
• The Buyer and Merchant acknowledge that the Company will not be liable for any damages, interests or claims etc. resulting from not processing a transaction/transaction price or any delay in processing a transaction/transaction price which is beyond control of the Company.
• Buyer and Merchant shall comply with all the applicable Laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using the payment facility.
• ement with Issuing Bank:
• All valid credit / debit/ cash card/ and other payment instruments are processed using a payment gateway or appropriate payment system infrastructure and the same will also be governed by the terms and conditions agreed to between the Buyer and the respective issuing bank and payment instrument issuing company.
• All online bank transfers from valid bank accounts are processed using the gateway provided by the respective issuing bank which support Pay Facility to provide these services to the Users. All such online bank transfers on Pay Facility are also governed by the terms and conditions agreed to between Buyer and the respective issuing bank.
While we have made every effort to ensure that information is free from error, DigiChal Consultancy Private Limited does not warrant the accuracy, adequacy or completeness of Material on this website/application . All information is subject to change without notice. DigiChal Consultancy Private Limited recommends that you seek independent advice before acting upon Material on this website/application or Third Party Material. DigiChal Consultancy Private Limited does not guarantee that the DigiChal Consultancy Private Limited website/application or Third Party Website/application will be free from viruses, or that access to the DigiChal Consultancy Private Limited website/application or Third Party Website/application will be uninterrupted.
Limitation of Liability:
Subject to any responsibilities implied by law and which cannot be excluded, no member of DigiChal Consultancy Private Limited is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the DigiChal Consultancy Private Limited website/application or to Third Party Material, whether in contract, tort including negligence, statute or otherwise. Except where to do so would cause any part of these Terms to be illegal, void or unenforceable:
• Excludes all conditions and warranties implied into these Terms;
• To the fullest extent permitted by applicable law, is not liable to you or anyone else for any loss or damage, however caused (including negligence), which may be directly or indirectly suffered, in connection with use of this website/ application ; and
• Excludes liability (whether that liability arises under contract, tort (including negligence) or statute) for any special, indirect or consequential loss or damage (including without limitation loss of revenue and loss of, or damage to, data) suffered or incurred in connection with this website/application .
• The supply of the goods or services again;
• The repair of the goods; or
• The payment of the cost of having the goods or services supplied again or repaired.
Copyright and Trademarks:
Copyright in the Material on this website/application is owned or licensed byDigiChal Consultancy Private Limited . The material contained on this website/application is protected by copyright. You may use this website/application only for your personal and non-commercial purposes. Except to the extent permitted by relevant copyright legislation, you must not use, copy, modify, transmit, store, publish or distribute the material on this website/application , or create any other material using material on this website/application , without obtaining the prior written consent ofDigiChal Consultancy Private Limited . Trade marks (whether registered or unregistered) and logos must not be used or modified in any way without obtaining the prior written consent of DigiChal Consultancy Private Limited . The website/application , products, technology and processes contained in this website/application may be the subject of other intellectual property rights owned by DigiChal Consultancy Private Limited or by third parties. No licence is granted in respect of those intellectual property rights other than as set out in these Terms. Your use of this website/application must not in any way infringe the intellectual property rights of any person.
Acceptance to the Terms and Conditions of Usage: