TERMS AND CONDITIONS FOR USERS

(Last updated on: 19^th June 2024)

This document is an electronic record in terms of the Information Technology Act, 2000 and rules made thereunder. Further, this electronic record is generated by a computer system and does not require any physical or digital signatures. This electronic record is published in accordance with the relevant provisions of the Information Technology Act, 2000 and and Rule 3 (1) (a) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and terms of use for access or usage of the website and application for mobile and other devices

1. PLATFORM

• Please note that (a) the domain name https://bringmea.in/ (the “Website”); and (b) the software application for use on small, wireless computing devices such as smartphones and tablets and also for use on desktop or laptop computers (“Application”) (collectively referred to as “Platform”) is owned and operated by Bringmea Technologies Private Limited, a private limited company incorporated in accordance with the laws of India, either itself and/or through its parent company, its subsidiaries or its affiliates (hereinafter collectively referred to as the (“Company” or “Bringmea”).

2. LEGAL AGREEMENT

• These terms and conditions of use or terms and conditions for users (“Terms of Use’’) govern the use and access of Platform and availing of the Services (defined below) on the Platform; and constitutes a legal agreement ("Agreement") between the Company, and you/yourself/yourselves (“user(s)”). A user shall mean and include an individual or business entity/organization that legally operates in India or in other countries, who uses and has the right to use the Services (defined later) provided on this Platform for personal and non-commercial use and shall include (i) the persons who choose and place orders ("Order(s)") from a variety of products (“Item(s)”) and services listed and offered for sale by various merchants ("Merchant(s)"), on the Platform; and (ii) the persons seeking or availing the Delivery Services being offered by Platform; and (iii) the person who visits and/ or registers on the Platform. If you continue to use and/or access registration or avail the Services offered by Bringmea’s Platform and browse the Platform, you are agreeing to comply with and be bound by the Terms of Use.

• In addition to the aforementioned, your use and access to the Platform and the services provided by us through the Platform, is subject to the guidelines, rules, privacy policy, terms, conditions and/or other applicable policies and procedures (“Company Policy(ies)”) applicable to such Service(s), which shall be posted on the Platform from time to time. Unless otherwise provided for in any specific Company Policy, the Company Policies shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of hereof. Therefore, by impliedly or expressly agreeing to be bound by the Terms of Use, you also agree to be bound by the Company Policies, as may be updated, amended or revised from time to time.

• If you do not agree with the Terms of Use, please do not access and use the Platform related to the Company or our Service (defined later) through all other means.

• Bringmea reserves the right, to modify or replace, in part or full, any of these Terms of Use, or change, suspend, block, discontinue or restrict your use to all or any feature of the Service or Platform at any time.

• Bringmea shall not be required to notify the user of any changes made to these Terms of Use. The revised Terms of Use shall be made available on the Platform. The user is requested to visit the Website and/or Application to view the most current Terms of Use. The user can determine when Bringmea last modified the Terms of Use by referring to the "Last Updated"legend above. It shall be user’s responsibility to check these Terms of Use periodically for changes. Bringmea may require the user to provide user’s consent to the updated Terms of Use in a specified manner prior to any further use of the Platform and the Services. If no such separate consent is sought, user’s continued use of the Platform, following the changes to the Terms of Use, will constitute uer’s acceptance of those changes. User’s use of the Platform and the Services is subject to the most current version of the Terms of Use made available on the Platform at the time of such use.

3. SERVICES

• The Company enables transactions on the Platform between participating restaurants/merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The users who place a confirmed order on the Platform ("Buyer(s)"), place request(s) for availing of two kinds of service(s) ("Order(s)"); (1) choose from a variety of Items and services listed and offered for sale by various licensed and recognised merchants including but not limited to the restaurants and eateries ("Merchant(s)"), on the Platform and (2) the Buyer can also place Orders for undertaking certain tasks on the Platform which can be for pick-up and/or delivery of a package (“Package(s)”) from one location to another within the geographical limits updated by the Company from time to time on the Application (“Tasks”). The Task(s) are assigned via the Platform by the users by providing with a pick-up address and a drop-off location wherein a nearby service provider or PDP (defined later) is identified and then assigned the duty to drop-off the Package and fulfil the Task as requested by a Buyer on the Platform.

• The Company enables delivery of such Orders containing the Package(s) or completion of Tasks at selected localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners (“PDPs”) who are responsible for providing the pick-up and delivery services and completing Tasks initiated by the users on the Platform.

• The Platform Services and Delivery Services are collectively referred to as "Services" in this Terms of Use. For both Platform Services and Delivery Services, Company is merely acting as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants.

• PDPs are independent contractors and are free to determine their timings of work. Company does not exercise control on the PDPs and the relationship between the PDPs and Company is not that of an agent and principal or employee and employer. Company is merely acting as an intermediary between the Merchants and users/buyers and/or PDPs and buyers/users/Merchants.

• For the pickup and delivery services and completing the Tasks, PDPs may charge the users, a Delivery Fee (defined later) (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for Delivery Services or Platform Services, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

• Please read these Terms carefully before you use the Services as listed above. If you do not agree to these Terms, you may not use the Services on the Platform, and we request you to uninstall the App. By installing, downloading, or even merely using the Platform, you shall be contracting with the Company and you signify your acceptance to these Terms and Privacy Policy as posted on our Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.

• It is further clarified that by availing the Delivery Services and/or purchasing the Items on the Platform, and/or visiting, viewing, accessing, or otherwise using any of the Services or information created, collected, compiled, or submitted to the Platform, you are deemed to have agreed to these Terms and all the policies of Company/Platform.

• These Terms are subject to modifications. We reserve the right to modify or change provisions related to the Services which also include changing the extent and scope of Services and/ or include any other category of service or facility within the term ‘Services’, at any time, at the sole discretion of the Platform. Your continued use of the Platform shall be deemed to signify your acceptance of these provisions or amended provisions of these Terms. As long as you comply with these Terms, Company grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the Terms; (b) in accordance with any Applicable Law, regulation, or generally accepted practices or guidelines; and (c) for availing the Services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by the Company and/or other users.

4. DEFINITIONS

• “Account” shall mean the account created by the user on the Platform for availing the Services through the Platform provided by the Company.

• “Applicable Law” means any applicable law, rule, regulation, ordinance, order, treaty, judgment, notification, decree, bye-law, governmental approval, directive, guideline, requirement, or other governmental restriction, or any similar form of decision of, or determination by, or any interpretation, policy or administration, having the force of law and shall include any of the foregoing, injunction, permit or decision of any central, state or local, municipal government, authority, agency, court having jurisdiction over the matter in question, whether in effect as of the date of this Agreement or thereafter;

• “Cancellation and Refund Policy” shall have the meaning ascribed to it in Clause [];

• "Content" includes reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data;

• "Delivery Services" means delivery of Orders from one location to another within selected localities of serviceable cities across India;

• “Delivery Fee” shall mean the fee payable by the Buyer upon placement of an Order on the Platform and the same shall be paid to the PDPs by the Company (as per their internal arrangement) against the request of a Service from the Company through the Platform. This fee shall include the fee payable to the PDPs which shall be calculated based on the distance to be covered by the PDPs and the nature or size of Order which has to be delivered to the Buyer through the Platform. This fee shall be charged for while availing either Platform Service(s) or Delivery Service(s);

• “Feedback” refers to ratings, reviews, and particulars about the experiences in respect of availing any of the Services by the user on the Platform;

• "Force Majeure Event" shall mean any event arising due to any cause beyond the reasonable control of the Company.

• “Item(s)” shall refer to the food items with the packaging of the brand or of the company listed on the Platform by Merchants;

• “Merchant(s)” shall refer to an entity which has partnered with the Company and is responsible for fulfilment of the Order(s) received on the Platform of the Merchant, which shall be accessible specifically by the Merchant;

• “Merchant Fee” shall mean the fee payable by the Buyer which includes the price charged for each Item ordered by the Buyer; and additional cost(s) borne by the Company for fulfilment of an order via the Platform. This amount shall be payable to the Company via the Platform by the Buyer and the same shall be disbursed by the Company to the Merchant;

• “Other Fee” shall mean a fee payable by the Buyer upon the request of a Service on the Platform, towards other costs incurred by the Platform for provision of Service(s) or any other charges as may be levied by the Platform from time to time. Such Fee shall include GST and/or other government levied charges shall be notified on the Platform as and when required in conformity to the Applicable Laws.

• “Order(s)” refer when user opens the Platform, selects the type of Service: (Item delivery, grocery delivery, retail stores near me) Delivery Service or (food delivery) Platform Delivery, by placing a confirmed prepaid Order on the Platform and providing pick- up and delivery locations on the Platform;

• “Package Delivery Fee” shall mean such fee payable by the buyer for the Order placed for availing the Delivery Service on the Platform. This fee shall include Delivery Fee and Other Fee as well and a collective charge shall be visible on the payments page for the buyer to peruse and pay for prior to finalisation of the Order on the Platform.

• “Platform” shall have the meaning ascribed to it in Clause 1.1;

• “PDP(s)” means pick-up and delivery partners any individual entrepreneurs engaged with us on a voluntary, non-exclusive, and principal-to-principal basis to provide the pick-up and delivery services and completing Orders initiated by the Buyers on the Platform;

• "Registration Data" shall mean and include the present, valid, true and accurate name, email ID, phone number and such other information as may be required by Bringmea from the user from time to time for registration on the Platform.

• "Service(s)" shall refer to the Platform Services and Delivery Services collectively;

• “Term(s)” or “Term of Use” shall refer to this documente terms and conditions for users;

• “Total Fee” shall mean the Merchant Fee, Delivery Fee and the Other Fee which is charged by the Platform for fulfilment of an Order. Such fee shall be paid by the Buyer for each Order(s) placed for request as applicable;

• “Third- Party Advertiser(s)” online or offline advertisements of various sponsors advertising and marketing their own goods and services through Company;

• “User(s)” means any person, juristic person, or representative of such person or juristic person who accesses, downloads, registers, or utilizes the Platform to arrange delivery of Order(s) to themselves or a third party by means of the Delivery Services and/or Platform Services.

5. ACCOUNT REGISTRATION AND CREATION

• The user hereby understands and acknowledges that he/she has attained at least 18 (eighteen) years of age and is competent to contract under the Applicable Law(s) and thereby can register on the Platform after complying with the requirements of this Clause 5 and by entering their Registration Data.

• The user shall ensure that the Registration Data provided by him/her in the Account is accurate, complete, current, valid and true and is updated from time to time. The Company shall bear no liability for false, incomplete, old or incorrect Registration Data provided by the user. You may access the Platform by registering to create an account (“User’s Account” or “Account”) and become a member or you can also register to join by logging into your Account with third party social networking sites (“SNS") (including but not limited to facebook, google, apple). As part of the functionality of the Platform Services, you may link your User’s Account with SNS, by either providing your SNS login information to us through the Platform; or allowing us to access your SNS, as is permitted under the applicable terms and conditions that govern your use of each SNS.

• Any user can create a User’s Account on the Platform by following a signing-up process (“Sign-up”) as provided and detailed in these Terms which include filling up of the required information, as mentioned below in a sign-up form (“Sign-up Form”) and agreeing to the Terms as provided hereinbelow.

• The user is solely responsible for maintaining the confidentiality of his/her Registration Data and will be liable for all activities and transactions that occur through the User’s Account, whether initiated by the user or any third party. It has been agreed that the user shall not authorize any third parties to use his/her Account, and may not allow any persons under the age of 18 to request for Services on the Platform. You will only use the Services or download the Application for your sole and personal legal use and will not resell it to a third party nor try to hack or reverse engineer the Application or facilitate any person to do the same while availing the Services or otherwise.

• The Company has irrevocable and unilateral right to refuse to provide Services and/or block you and/or to impose any fines or penalties or take any other recourse, legal or otherwise, as may be available to the Company under any Applicable Laws or under contract at the sole expense of the user, in case it appears to the Company, or is discovered by, alleged or comes to the knowledge of the Company that the user is guilty of any fraud, misrepresentation, illegal actions, cheating, creating nuisance, misuse of Application or any other misconduct.

• The Company shall not be liable for any third party claim with respect to any loss that the user may have incurred as a result of someone else using the user’s password or Account, either with or without user’s knowledge or any third party have incurred upon usage of Services provided by Bringmea through the User’s Account, whether with or without user’s knowledge. In addition, you agree to accept responsibility for all Services availed through your Account or activities that occur under your Account or password including any content stored, posted or otherwise transmitted through your Account even when certain content is posted/activities undertaken/Services availed by others who have access to your Account with or without your consent/authorization.

• The Company reserves the right to suspend or terminate User’s Account with immediate effect and for an indefinite period, if the Company has a reason to believe that the Registration Data or any other data provided by the user is incorrect or false, or that the security of the User’s Account has been compromised in any way, or there is a breach of terms and conditions of these Terms of Use or upon any unauthorised use of User’s Account by any third party or for any other reason the user may find just or equitable.

• In case, user is unable to access his/her Account, the user needs to inform the Company at [contact@bringmea.in] and make a written request for blocking the User Account. If You know or suspect that someone unauthorized knows your password for your Account or any other security breach, then you should notify us by contacting us immediately and in no event later than 24 hours through the contact details provided in the "Contact Us" section of the Platform. If Company has a reason to believe that there is likely to be a breach of security or misuse of the Platform, We may require You to change your password for your Account or we may suspend your for your Account without any liability to the Company and without any prior notice to you. Without prejudice to the above, the Company reserves the right to recover from you any and all damages, losses or costs that are levied on or suffered by the Company, Company’s vendor (s) or other users or passengers due to misuse of your Account or your password for your Account whether due to reasons attributable to You or not.

• The Company will not be liable for any unauthorized transactions made through the User’s Account prior to the expiry of 72 (seventy-two) hours after the user has made a request in writing for blocking the Account, and shall not have any liability in case of a Force Majeure Event.

• Bringmea reserves the right to modify, terminate or suspend the Services to the user at any time without prior notice due to any changes in internal policy or due to the Applicable Laws or any breach of these Terms of Use by the user or for any reason whatsoever. The user may terminate his/her Account by submitting a request to Bringmea at [contact@bringmea.in]. However, in either case, all previous service requests shall stand voided, and no refund or Service-related deliverable shall be provided. Bringmea will make every effort to respond to the user’s request for termination at the earliest. However, the user will remain responsible for all the transactions that occurred prior to termination of User’s Account.

• In addition, at the time of a user availing the Services, the user is required to provide certain sensitive personal information which includes its bank account or card details for undertaking transactions on the Platform for availing the Services (“RequiredInformation”).

• It is clarified that by Sign-up you agree to all the Terms herein, Privacy Policy and all other polices of Platform which may be posted at an appropriate location of the Platform.

• Company /Platform shall not be liable for any loss of the user caused by any unauthorized use of the Account and the user, in this respect, shall indemnify the Company for losses that the Company may incur from any other party on account of such unauthorized or fraudulent use of the User’s Account.

• You agree that you shall provide accurate and correct information at the time of Sign-up for filling up of the Sign-up Form and required information and you shall also update such information and data, from time to time, in case of any change thereto and/ or as and when required and asked by the Platform in this regard.

• Users shall not have more than 1 (one) active User Account on the Platform. Additionally, users are prohibited from selling, trading, or otherwise transferring their User Account to another party or impersonating any other person for the purpose of creating User Account with the Platform.

• You represent that you are entitled to disclose your SNS login information to us and/or grant us access to your SNS (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable SNS and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.

• By granting us access to any SNS, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your SNS so that it is available on and through the Platform via your User Account.

• We shall protect your personal data Registered Date and Required Information in our possession, by taking reasonable security safeguards to prevent personal data breach.

6. CONDITIONS TO USE THE PLATFORM
   • Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your User Account, including your profile or email address and that you are solely responsible for all content published or displayed through your User 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.
   • 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 Term and Conditions 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.
   • 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. If you are under 18 (eighteen) 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 and Conditions and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms and Conditions and Company policies, you shall immediately discontinue its use. Company reserves the right to terminate your Membership and / or deny access to the Platform if it is brought to Company’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 and Conditions.
   • 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 and Conditions and Company 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.
   • You agree and grant permission to the Company to receive promotional SMS and e-mails from the Company or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to [contact@bringmea.in].
   • You agree to act lawfully, diligently, and honestly at all times when you access and use the Platform and/or avail the Services and will comply with all laws, rules, regulations, legislations, notifications, circulars, guidelines, standards, codes, policies, orders, approvals, ordinances, judgments, decrees, injunctions, writs, arbitral award, bye-laws, or any similar form of decision, determination, or adjudication having the force of law, as amended from time to time, applicable to your use of the Platform and/or availing the Services.
   • You will not (a) use any Services provided by the Platform for commercial purposes of any kind, (b) or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact [](https://bringmea.in).
   • You agree that you will not discriminate against Merchants, Buyers or PDP’s based on race, religion, caste, creed, national origin, disability, sexual orientation, sex, marital status, gender identity, age, or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, shall render you ineligible, leading to suspension of Services. You will not have any claim towards, and we will not have any liability towards any suspension which is undertaken as a result of the aforementioned event.
   • You agree that the information you provide to the Company on the Platform at the time of registration and any time thereafter and any information displayed under your User Account at all times will be true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the Terms herein and the other policies of Platform, we shall have the right to indefinitely suspend or terminate your User Account or block your access on the Platform.
   • 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.
7. ORDER PLACING AND PAYMENT TERMS

• The user will open the Platform, select the type of Service: Platform Service or Delivery Service. For the Item delivery service, users need to fill out a description of the Item(s) and provide pick- up and delivery locations. All the other deliveries, the Platform allows the users to place Orders and upon acceptance of such Orders by the Merchants, Company will, subject to the Terms and Conditions set out herein, facilitate delivery of goods or services through PDPs.

• Your request to order food and/or beverages or Item(s) from a Merchant page on the Platform shall constitute an unconditional and irrevocable authorization issued in favour of Bringmea to place Order(s) for Item(s) with the Merchant on your behalf.

• The acceptance by a PDP for undertaking delivery of your Order received via the Platform shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Bringmea is not a party under any Applicable Law. It is clarified that Bringmea does not provide any delivery or logistics services and only enables the delivery of Item(s) ordered by the buyers/users through the Platform by connecting the user(s) with the PDPs or the Merchants, as the case may be.

• Where Bringmea is facilitating delivery of an Order placed by you, Bringmea shall not be liable for any acts or omissions on part of the PDPs including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.

• You will receive a photograph from the PDP upon pick-up and delivery, and you can track your Order in real-time. Once the Order is delivered the customer will receive a prompt notification to rate the PDP and the Delivery Service.

• The Company does not own, sell, or resell such products offered by the Merchants on its own, nor does it control the Merchants or the related services provided in connection with them. The user understands that any order placed shall be subject to the Terms and Conditions outlined in these Terms, including, but not limited to, product availability, delivery location serviceability, and the Merchants' acceptance of orders.

• As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed. However, upon user’s successful completion of placing an Order and upon making payment for the same, the user might receive a call from the Company’s backend team (on the registered mobile number in the User’s Account) in order to confirm the details of such Order. For this purpose, user will be required to share certain information with us, including but not limited to user’s (i) first and last name (ii) mobile number; (iii) delivery address and (iii) email address. It shall be user’s sole responsibility to bring any incorrect details to our attention.

• In addition to the foregoing, we may also contact you by phone and/or email to inform and confirm any changes in the order due to item availability, unavailability, price adjustments, or any other changes made by the Merchant. Please note that any changes or confirmations to the order shall be considered final. It is clarified that the Company reserves the right not to process the user's order if the user, Merchant, or PDP is unavailable via phone or any other means of communication when we attempt to confirm the order. In such an event, the provisions of the Cancellation and Refund Policy shall apply.

• You agree that Bringmea is authorized to collect, on behalf of the Merchant or the PDP, the Total Fee or the Package Delivery Fee for the Service provided by the Merchant/PDP, as the case may be. The Delivery Fee/Total Fee/Package Delivery Fee may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Merchant(s), order value, distance, time of the day. Bringmea will inform you of the Delivery Fee that may apply to you, provided you will be responsible for Delivery Fee incurred for your Order regardless of your awareness of such Delivery Fee.

• In addition to the Total Fee/Package Delivery Fee, you may also be charged an amount towards delivery, surge for delivery of your order facilitated by the PDPs or the Merchants, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge"). You agree that Bringmea is authorized to collect, on behalf of the Merchant or the PDP, the Delivery Surge for the Service(s) provided by the Merchant or the PDP, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Merchant, order value, distance, demand during peak hours. Bringmea will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.

• In respect of the Order placed by You, Bringmea shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.

• The Company shall invoice the user for the full amount of each order, including any applicable taxes, fees, and shipping charges, and the user shall pay such invoice amount using the payment method as specified in Clause [●]. It has been agreed that if the Buyer requests for a Platform Service a Total Fee shall be payable through the Platform at the time of placing the order; and if a Delivery Service is requested then a Package Delivery Fee shall be payable prior to confirmation of the Order.

• All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI-approved payment method at the time of placing an Order; or (iii) credit or debit card or cash at the time of delivery. You undertake to use and provide valid bank details or other details required for facilitating payment towards the Services (“Payment Details”). By providing the Payment Details on the approved payment gateways of the Platform, you represent, warrant, and covenant that: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to perform payments using such Payment Details; and (c) such action does not violate the terms applicable to Your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.

• Buyer shall not use the credit/debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

• Except to the extent otherwise required by Applicable Law, Company is not liable for any payments authorized through the Platform using Your Payment Details. Particularly, Company is not liable for any payments that do not complete because: (a) Your bank account or any other payment did not contain sufficient funds to complete the transaction; (b) You have not provided the Company with correct Payment Details; (c) Your payment card has expired; or (d) circumstances beyond the Company’s reasonable control (such as but not limited to, power outages, interruptions of cellular service, or any other interferences from an outside force) which prevent the execution of the transaction.

• You must not use the Platform to collect or deliver illegal items such as weapons and illicit substances and warrant that any Items collected are legal.

• User agrees to allow the PDPs to take photographs of the Items on delivery and the images will be stored by the Company on their server or cloud service to cater to any possible future disputes or for internal analysis and/or operational management purpose(s) in a longer run from a business perspective.

• The Company shall not be responsible for any unauthorised transactions conducted on the Platform using Your Payment Details. The Company shall not be obligated to refund any money to You in such instances.

• You understand, accept and agree that the payment facility provided by the Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection, and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Company is neither acting as trustee nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

• Users acknowledge and agree that the Company acts as the Merchant's and PDP’s payment agent for the limited purpose of accepting payments from users/Merchants on behalf of the Merchant or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Merchant or PDP, your payment obligation to the Merchant or PDPs for such amounts is completed, and we are responsible for remitting such amounts to the Merchant or PDPs. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order placing or to the PDPs for delivery of the Order made using the Platform.

• User agrees to pay for the Total Fee or Package Delivery Fee, as applicable, as may be displayed on the Platform on the payment(s) page for the Order placed on the Platform. Company will collect the Total Fee/Package Fee in accordance with these Terms and the pricing terms set forth in the applicable listing of product or restaurant service for the particular Merchant, apart from the Package Delivery Fee for Delivery Services. Please note that we cannot control any amount that may be charged to the Buyer/User Account by his/her bank related to our collection of the Total Fee or Package Delivery Fee, and we disclaim all liability in this regard.

• In connection with user’s Order, he/she 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. The Buyer agrees to pay us for the Order placed on the Platform, in accordance with these Terms, using the methods described above. User hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the placing an Order, 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 user is directed to our third-party payment processor, he/she may be subject to terms and conditions governing 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. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed Order details.

• The final tax bill for the Package Delivery Fee or Total Fee will be issued by the Merchant and/or PDP (if registered for tax purposes) to the user along with the Order and Company is merely collecting the payment on behalf of such Merchant and PDP. All applicable taxes and levies, the rates thereof, and the manner of applicability of such taxes on the bill (i.e. the Merchant Fee and/or the Delivery Fee) are being charged and determined by the Merchant and PDPs. Company holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes with respect to the Package Delivery Fee and Delivery Fee shall reside with the Merchant and the PDP.

• Please note that prices on any product(s)/Item(s) as reflected on the Platform may due to some technical issue, typographical error, or product information supplied by Merchant be incorrectly reflected, and in such an event Merchant may cancel the user’s Order(s).

• User agree that goods and services ordered 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 whatsoever.

• Please note that the Services on the Platform are chargeable as may be specified from time to time. We will inform you about the applicable charges for any paid Service and the related payment terms presented to you. You can add the desired Services to your Order cart which will indicate the applicable charges in respect of such Services added to the Order cart.

• Please note that in the event of any loss or damage arising directly or indirectly to the user on account of lack of authorization for any transaction or any other issue whatsoever arising in respect of the transaction and/or the decline of the transaction for any reason attributable to the user/buyer, the Company shall not be held liable.

• The transactions are bilateral between the Merchant and user, and between Merchant/ user and PDPs, therefore, Company is not liable to charge or deposit any taxes applicable on such transactions.

8. DELIVERY, DELIVERYFEE, ANDDELIVERYTIME

• For the pickup and delivery services, PDPs may charge the users of the Platform, a delivery fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services, real-time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Fee”). Delivery fees may vary based on user’s location and the Merchant's location or the pick-up location for Delivery Services.

• The Company shall provide delivery of the Orders during such time period as communicated to you through the Platform. We endeavour to show the estimated delivery time for every Order, however, 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, you can check the estimated time of arrival, when You go to the homepage of the App even before placing an Order, to ensure that You are aware of the estimated time of arrival before proceeding with placing an Order.

• The delivery of the Orders will be made to the delivery address specified by you while placing the Order on the Platform. You are solely responsible for providing a complete and correct delivery address and, if applicable, further instructions for delivery. We shall not be responsible for any delay in delivering the Order placed by you on the Platform caused due to the incorrect or incomplete address provided by you.

• The Delivery Service is provided through third-party PDPs. The third-party PDPs will ordinarily make deliveries when an appropriate person is able to receive the Order at the address provided by You. If You request to leave a delivery unattended at your address, You expressly disclaim us from all the liabilities which may arise by virtue of the Order being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination, and the result of any change in temperature of the Items which need to be kept chilled or frozen.

• All prices listed on the Platform are provided by the Merchant, including packaging or handling charges, if any, at the time of publication on the Platform and the same are displayed by Bringmea as received from the Merchant. While we take great care to keep them up to date, the final price charged to you by the Merchant, including the packaging and handling charges may change at the time of delivery. In the event of a conflict between price on the Platform and price charged by the Merchant, the price charged by the Merchant shall be deemed to be the correct price except Delivery Fee and Other Fee of Bringmea.

• On Time Guarantee: Orders placed at select Merchants may have this service available. When enabled, Bringmea uses its technology platform to allocate a suitable PDP, who provides the Platform Service/Delivery Service, in such a way that it minimises the delays in the Orders. This includes prioritising allocation of PDPs, along with making sure these orders are not clubbed with any other orders. However, you acknowledge that such Services are facilitated by the PDPs on a best effort basis, hence should your Order fail to reach you on or prior to the On Time Guarantee Time. No refund/discount shall be given by Bringmea if your order fails to reach you on or prior to the On Time Guarantee Time.

• YOU ACKNOWLEDGE THAT YOUR ABILITY TO OBTAIN DELIVERY SERVICES THROUGH THE USE OF THE PLATFORM DOES NOT ESTABLISH BRINGMEA AS A PROVIDER OF TRANSPORTATION, LOGISTICS OR DELIVERY SERVICES OR AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS OR DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD- PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY BRINGMEA OR ANY OF ITS AFFILIATES.

• You agree that before initiating a Delivery Service on the Platform you are well aware of these contents of the Package sent or requested by you, and that such contents are legal and within limits of transportation under any applicable Platform cause nuisance, annoyance, inconvenience, or property damage, whether to Service Providers or any other party.

• Prohibited Items: You may not access the Platform or use the Delivery Service to send any Prohibited Items (“Prohibited Items”). Prohibited Items include, but are not limited to:

• Illegal items;
• currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, lottery tickets, gambling devices, work of arts, antiques s;
• Fragile items;
• People;
• Firearms, weapons, ammunition, and their parts;
• Alcohol;
• Highly perishable food or beverages (e.g., frozen products);
• Dangerous or hazardous items, including explosives, items that are poisonous or flammable (e.g., paints or adhesives containing a flammable liquid),, hazardous waste (e.g., hypodermic needles), or medical waste;
• Recreational drugs, drug paraphernalia, or tobacco products;
• Stolen goods;
• Livestock, regulated species (e.g., noxious weeds, prohibited seeds), human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens or animal parts, bloods, or fluids;
• any prepared food from restaurants or any other commercial prepared food vendor
• Sexual aids; obscene or pornographic material;
• gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds;
• Any items for which you do not have permission to send.

The above list of Prohibited Items is not exhaustive. Bringmea retains the discretion to prohibit additional items that are not on the above list. you also agree that, upon becoming aware of the commission of any offence or your intention to commit any offence upon initiating or during a Delivery Service of any non-permitted item(s) or otherwise restricted under Applicable Law, Us or the PDPs may report such information to the law enforcement authorities.

• Package Restrictions: The Package(s), together, per trip, may not be greater than 10*10*10 in measurements and 5 kilograms in weight. You must prepare and securely close and seal the Package(s) for safe delivery.

• Refusal or Rejection of Deliveries: At a PDPs sole discretion, a PDPs may refuse to pick up or deliver the Package(s), or cancel the delivery after acceptance for any reason; provided at all times, PDPs must comply with these Terms of Use and the Standard Operation Procedures for PDPs.

• Delivery, Redelivery, and Undeliverable Packages

If the PDP is not able to complete the delivery because, for example, the recipient is not at the delivery location to accept the delivery, the PDP may attempt to arrange for the return of the Package to you. You acknowledge and agree that you may be charged for any costs associated with a delivery failure or a return delivery.

If the PDP is not able to return the Package, you acknowledge and agree that the Package may be left at the original pickup location, or at a different location provided by you through a written instruction via the Platform, at the delivery location. To the extent feasible and if requested by you, Bringmea will also attempt to facilitate an exchange of the undelivered Package between you and the Service Provider. You acknowledge and agree that you may be charged additional fees in connection with the return, redelivery or disposal of your Package.

9. CANCELLATIONS AND REFUND POLICY
   • You acknowledge that (i) your cancellation, or attempted or purported cancellation of an Order, or (ii) cancellation due to reasons not attributable to Company, that is, in the event you provide incorrect particulars, contact number, delivery address, etc., or that you were unresponsive, not reachable or unavailable for fulfilment of the Services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of the Company to place that Order against the Merchant(s) on your behalf (“Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Order valuee the Total Fee. You hereby authorize us to deduct or collect the amount payable as liquidated damages through such means as Company may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order.

• There may be cases where Company is either unable to accept your Order or cancels the Order, due to reasons including without limitation, technical errors, unavailability of the Item(s) ordered, or any other reason attributable to Company, Merchant, or PDPs. In such cases, Company shall not charge a cancellation charge from you. If the Order is cancelled after payment has been charged and you are eligible for a refund of the Order value or any part thereof, the said amount will be reversed to you.

• In the event that the user owes the Company any amounts under these Terms or in any other condition between the parties, the Company may set off such amounts against the user's next order with the Company. The Company shall provide the user with notice of the set-off and the amount deducted from the next order.

• As a general rule, you shall not be entitled to cancel Order once placed. You may choose to cancel Order only within one minute of the Order being placed. However, subject to user’s previous cancellation history, Company reserves the right to deny any refund to user pursuant to a cancellation initiated by user even if the same is within one-minute followed by suspension of Account, as may be necessary in the sole discretion of the Company.

• If user cancels his/her Order after one minute of placing it, Company shall have a right to collect the liquidated damages of an amount equivalent to the Order value (i.e. the Total Fee or Package Delivery Fee) for breach of contract terms as a compensation for the damages suffered by the Company, with a right to either not to refund the Order value, to compensate the Merchants and PDPs.

• No replacement/refund/ or any other resolution will be provided without Merchant(s) permission.

• Subject to relevant Merchant’s refund policy and in accordance therein, users shall be eligible to get the refund in the following circumstances (i) the package has been tampered or damaged at the time of delivery; or (ii) if the wrong Item has been delivered to users, which does not match with the Item for which the users had initiated a transaction on the Platform, provided however, that such change in Item was not previously communicated to the user; or (iii) cancelled the Order due to unavailability of Item ordered; or (iv) if the Item(s)/Order is undelivered due to the PDPs fault.

• Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong Order, deteriorated in quality, or Items repackaged, you will be required to share the proof of the same before any resolution can be provided.

• You shall not be entitled to a refund in case instructions or requests placed along with the Order are not followed in the form and manner you had intended or expected. Instructions are followed by the Merchant/PDPs on a best-efforts basis.

• All refunds shall be processed in the same manner as they are received unless refunds have been provided to you in the form of credits, refund amount will reflect instantly or within a period of 15 (Fifteen) business days in your account based on respective banks policies.

• All decisions with respect to refunds will be at the sole discretion of the Company and in accordance with the cancellation and refund policy and the same shall be final and binding.

• The terms for acceptance of cancellation and refunds shall be subject to reasonable additional conditions and shall be communicated to the user, from time to time, through the push notifications on the Platform, or any other mode of communication as specified in these Terms or as determined by the Company.

10. 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.
11. TERMS OF PROVISION OF SERVICES
    • The Company facilitate users to connect with Merchants to view and purchase Items listed on the Platform by Merchants and thereafter allows users to have the purchased Items delivered through PDPs.

• The Company facilitate users to have packages picked up and dropped off from one location to the other through PDPs.

• Users hereby agree and acknowledge that the Company is only a Platform, and as such, only acts as a facilitator between users, Merchants, and/or PDPs (as the case maybe) in order to initiate transactions with said Merchants and/or PDPs. Users hereby agree and acknowledge that the Company is not a party to any of the transactions that are initiated between users, Merchants, and/or PDPs through the Platform and Company shall not be liable in any manner or incur any liability with respect to the Items/services/products offered and/or performed by the Merchants, as the case may be. Further, users hereby agree and acknowledge that the Company shall not be liable for the conduct, acts, and/or omissions of the Merchants and PDPs in the course of providing their Items/services/products to users, or for any loss or damage to users as a consequence of or in relation to the Items/services/products being provided by the Merchants and/or PDP, as the case may be.

• Your request to Order Items from Merchant on the Platform shall constitute an unconditional and irrevocable authorization issued in favour of the Company to place online Orders for Items against the Merchant(s) on your behalf.

12. SPECIFIC TERMS WITH RESPECT TO USE OF PLATFORM FOR PURCHASE OF CIGARETTES AND OTHER TOBACCO PRODUCTS
    • The user/buyer hereby agrees and undertakes that he/she will not use the Platform to purchase cigarettes and other tobacco products if he/she is below the age of 18 years.
    • We request the buyer to provide a valid age proof at the Platform prior to placing an Order for Delivery Service for the delivery of cigarettes and/other tobacco products, buyer agrees and undertakes to provide a valid age proof, if requested for verification. If the buyer is below the age of 18 years we shall cancel the Order. Buyer shall not place Order for loose cigarettes as the Platform does not provide delivery of such products.
    • Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.

13. DISCLAIMERS, WAIVER AND RELEASE

• Except for Company’s limited role in processing payments that user’s authorize or initiate, Company is not involved in any underlying transaction between the user, Merchant, PDPs any other customer, merchant, bank, payment processor, payment gateway or other third party.
• Company does not make any representation or warranty of the Item(s) and the Merchants, PDPs helpers and as to specifics (such as quality, efficiency, background, value, etc) of the services offered by the Merchant(s) and Company accepts no liability for any errors or omissions thereof.
• Company shall not be liable for the quality, safety, reliability, legality, delivery or any other aspect of any goods or service that user may purchase through any Third-Party Advertisers. The user’s use of the service is at his/her sole risk.
• The service is provided on an "as is" and "as available" basis. Company disclaims all warranties of any kind whether express or implied including without limitation, any representation or warranty for accuracy, availability, continuity, uninterrupted access, timeliness, sequence, quality, performance, security, merchantability, fitness for any particular purpose, non-infringement or completeness. Without prejudice to the forgoing paragraph, Company does not warrant that:
• This Website and Application will be constantly available, or available at all; or
• This Website: information, content, materials, product (including software) or Services included on or otherwise made available to the user through the Website; their servers; or electronic communication sent from Company are free of viruses or other harmful components; and
• Nothing on the Website will constitutes, or is meant to constitute, advice of any kind.
• Company makes no express or implied representations or warranties about it’s Services or the Website and Application and disclaim any implied warranties, including, but not limited to, warranties or implied warranties of merchantability or fitness for a particular purpose or use or non-infringement. Company does not authorize anyone to make a warranty on Company’s behalf and user may not rely on any statement of warranty as a warranty by Company.
• Company and its representatives, officers, employees, agents and contractors shall not be liable for any loss, damage, claim, expense, cost (including legal costs) or liability arising directly or indirectly from the user’s use or non-use of the Service or the Platform, or user’s reliance upon the Service or the information contained upon the Platform (whether arising from Company or any other person's negligence or otherwise).
• The user furthermore acknowledges and accepts that Company may not encrypt any content or communications from and to our Platforms.
• THE EXCHANGE OF INFORMATION, PROVISION/AVAILING OF SERVICES, TRANSACTION BY AND BETWEEN THE MERCHANT(S) AND/OR PDPS AND USER IS DONE AT YOUR SOLE RISK, AND HENCE YOU AGREE THAT THE COMPANY SHALL BE IN NO EVENT LIABLE FOR ANY INJURY, LOSSES, CLAIM, DAMAGE OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISES OUT OF OR IS ANY WAY CONNECTED WITH THE AFORESAID.
• THE USER SHALL NOT HAVE ANY PLEA, CLAIM OR DEMAND AGAINST THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS ETC. IN RESPECT OF ANY EXCHANGE OF INFORMATION, PROVISION/AVAILING OF SERVICES, TRANSACTION BY AND BETWEEN THE THIRD-PARTY PROVIDER AND USER. THE COMPANY WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES ACQUIRED THROUGH BY A USER THROUGH THE PLATFORM OR PURSUANT TO REGISTRATION OF A PERSON AS A USER WITH THE COMPANY AND THE PLATFORM.
• IN THE EVENT OF A DISPUTE BETWEEN THE THIRD PARTY PROVIDER AND THE USER REGARDING OR ARISING OUT OF OR IN CONNECTION WITH OBTAINING SCHEDULING AVAILING OF THE SERVICES OF THE MERCHANT(S) OR PDPS TOWARDS THE ORDER PLACED ON THE PLATFORM, BOTH THE USER AND THE MERCHANT(S) OR PDPS HEREBY RELIEVES THE COMPANY, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND AGENTS FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS' FEES, WHICH A USER MAY HAVE AGAINST THE OTHER.
• THE USERS EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY THE USER OR ANY THIRD PARTY IN RELATION TO ANY USE OF/AVAILING OF THE SERVICES OFFERED/PROVIDED BY THE MERCHANT(S) OR PDPS; AND THE MERCHANT(S) OR PDPS AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
• THE USER EXPRESSLY UNDERSTANDS AND AGREES THAT THE COMPANY DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY A MERCHANT(S) OR PDPS IN CONNECTION WITH PAYMENT FOR SERVICES BY THE USER AND THE USER AGREES TO INDEMNIFY, DEFEND AND HOLD THE COMPANY HARMLESS IN CONNECTION WITH ANY SUCH CLAIM.
• THE AFORESAID, DISCLAIMERS, WAIVERS, RELEASES, LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION OR THE LIABILITY ARISES IN LAWS, CONTRACT, TORT OR OTHERWISE.

14. ADVERTISEMENT AND LINKS

• As part of the Services provided by us; we facilitate and allow third party advertisers ("Third Party Advertisers”) to place advertisements on the Platform in accordance with our advertisement policy.
• We clearly distinguish between the editorial content and content that is created or provided by one of our Third-Party Advertisers. The advertisements will be labelled as "sponsored", "from our Advertisers" or "advertisement". This content will not be reviewed by our in-house editorial staff and shall be subject to the Advertising Policy, these Terms of Use and the Privacy Policy of Bringmea.
• Please note that we do not verify any content or information provided by the Third Party Advertisers on the Platform and to the fullest extent permitted by Applicable Law(s), disclaim all liability arising out of Third Party Advertisers’ use or reliance upon the Platform or Services, content posted by Third Party Advertisers, representations and warranties made by the Third Party Advertisers on the Platform or any loss arising out of the manner in which the Services have been availed by the users.
• The Platform may be linked to the website of third parties, affiliates and business partners. By clicking on the advertisements by Third Party Advertisers, the user may be redirected to a website or other electronic platform of any Third-Party Advertisers or receive other messages, information or offers from such Third-Party Advertisers. We have no control over, and not liable or responsible for content, accuracy, validity, reliability, quality of such websites or made available by/through the Platform. Inclusion of any link on the Platform does not imply that we endorse the linked website. The user is wholly liable for all communications and transactions with such Third-Party Advertisers. The user acknowledges and agrees that the Company is not liable or responsible for the content, products or services of such advertisers or the websites, links, information, messages, offers or privacy practices of such Third-Party Advertisers.
• Users accept and acknowledge that we do not provide any representation or give any guarantee or warranty (whether express or implied, or whether arising by virtue of a statute or otherwise in law or from a course of dealing or usage or trade) in relation to the goods/ products and Services made available on the Platform by Third Party Advertisers, including any guarantee or warranty that such goods/ products: (i) are merchantable; (ii) fit for the purpose of which they are to be (or have been) purchased;(iii) have accurate description; and (iv) do not cause any infringement.
• The user acknowledges and agrees that Bringmea or Bringmea’s Platform is not responsible for the availability of Third Party Advertisers’ links, content, websites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The user warrants and agrees that Bringmea will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, website, content, product and/or service.
• The content on the Platform which includes all text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, design documents, and artwork is our content and the Platform may contain links to the content of third-party websites that are not associated with us. We have no control over any third-party user generated content as we are merely an intermediary for the purposes of those content. In the event, if any of the third-party content infringes any intellectual property of any person, such third party shall be solely responsible for any loss caused and we shall not be liable.

15. 15. CUSTOMERRELATIONSHIPMANAGEMENT

• All issues, opinions, suggestions, questions and feedback while availing Company’s Services shall be communicated to us through the following email address [contact@bringmea.in]. In case of a Service requested on the Application, user shall be required to rate the Service after completion of the Order. user hereby agrees to be fair, accurate and non-disparaging while leaving comments, feedbacks, testimonials or reviews on or about the Services.
• Reporting of any issue needs to be within 7 (seven) days of the happening of the issue, failing which, such issue will not be addressed. The user agrees and acknowledges that any and all issues/complaints/grievance a user has, must be communicated to Bringmea only through the Platform or to consumer helpdesk or grievance offices as stipulated in these Terms of Use of the Platform and not on any other third-party platform/ social media channels.
• The user shall be responsible and liable in respect of the wrongful allegation made and any issues posted on such other third-party platforms/social media. Bringmea takes no liability for inability to get back or respond to any complaints made or content posted by the user about Bringmea on other channels.
• Bringmea shall endeavor to respond to user’s issues within 2 (two) working days of user’s reporting the same and endeavor to resolve it at the earliest possible. It is hereby clarified that issues are resolved on severity basis, and certain issues may be resolved earlier than the other. However, Bringmea shall not be liable for any damages or losses in the event the user is not satisfied with any such resolution.

16. INDEMNIFICATION

In addition and not in derogation of the specific indemnities provided by you to the Company under these Terms of Use and/or Company Policies, you agree to indemnify, defend and hold harmless the Company and its affiliates, officers, directors, employees, consultants, representatives, shareholders, contractors, users and agents etc. (“Indemnified Parties”) against any/all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) arising out of or in connection with any claim, suit, action, or other proceeding brought against the Indemnified Parties, to the extent such losses are based on or arising out of or in connection with: (a) any breach or non-performance or non-compliance of any of the Terms of Use and/ or other terms and conditions of Platform with respect to use and access of the Platform and/or availing Services on/through the Platform and/ or purchase of the product or services of Third Party Advertisers; (b) for truthfulness and correctness of the information provided by the user at the time of registration and/ or availing the Services; (c) any claim which the Merchant/PDP may have with respect to interaction, communication, dealing, dispute, and transaction between the Merchant/ PDP and the user; (d) any content posted by the user on the Platform and user's use of the Services available on or through the Platform; (e) any claim of third party due to, or arising out of, or in connection with, your use of the Platform and/ or availing of Services by the user; (f) breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, or infringement of any other intellectual property right) by you.

17. LIABILITY

• It is expressly made clear to you hereby that Bringmea does not own any of the restaurants and/or merchant shops nor does it directly or indirectly employ any delivery personnel/executive for the delivery of Order(s). Restaurants/shops/Dhabas are listed on the Platform and the PDPs are engaged for their service(s) by the Company for fulfilment of both the Service(s) requested on the Platform and Bringmea disclaims any and all liability in respect of the PDPs, the restaurant managers, helpers and other members. However, Bringmea encourages you to notify it of any complaints that you may have against the restaurant/PDPs that ou may interacted with whilst using the Platform.
• In no event shall we, or our officers, directors, employees, partners or suppliers be liable to you or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access of the Platform; any interaction, communication, dealing and transaction between the user and the PDPs (including those whether on account of obtaining, availing, arranging, scheduling or availing Services or otherwise).
• Bringmea encourages all the users to take full responsibility of his/her items which are sent for Delivery Service from one location to another using the Platform. In case of lost items during the delivery process, Bringmea will assist in locating the items, but shall not be responsible in any manner whatsoever for the loss or damage to the same.
• Any claim against the Merchant and/or restaurant’s or Merchant’s staff/ other executives/ PDPs or users shall be pursued by the user directly with any of them and Bringmea shall not be made a party to any such claim.
• The information, recommendations and/or Services provided to the user on or through the Platform and Bringmea’s call centre are for general information purposes only and does not constitute advice. Bringmea will reasonably keep the Platform and its contents correct and up to date but does not guarantee that (the contents of) the Platform is free of errors, defects, malware and viruses or that the same is correct, up to date and accurate.
• Bringmea shall not be liable for user facing delivery related delays as the Service is dependent on many factors not in Bringmea’s control. user must confirm Order on the Platform after taking into account the traffic and weather conditions, political rallies, natural calamities, traffic barricades, vehicle breakdowns and other un-expected delays.
• Bringmea shall not be liable for any damages resulting from the use of or inability to use the Platform, including damages caused by wrong usage of the Platform, error in call centre number, network issues, malware, viruses or any incorrectness or incompleteness of the information on the Platform.
• Bringmea does not assure a complete sustainability of its Service and shall not be held responsible or liable for the same, in any manner.
• All necessary information pertaining to provision of Services as contemplated in this Terms of Use, will be sent on mobile number and/or email ID registered with Bringmea. Bringmea will not be responsible for appropriateness of mobile or email or any other communication medium. The user shall be responsible for immediately reporting the errors, if any, occurred in the information sent to the user regarding booking confirmation.
• IN NO EVENT SHALL BRINGMEA BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR FOR ANY DAMAGES WHATSOEVER, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BRINGMEA HAS BEEN ADVISED OF THE POSSIBILITY THEREOF.
• IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BRINGMEA’s AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE OR THE SERVICES RENDERED HEREUNDER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHER THEORY), WARRANTY, OR OTHERWISE, EXCEED THE AMOUNT OF Rs. 1000/- (Rupees One Thousand only).
• If Applicable Law does not permit the exclusion of certain warranties or the limitation or exclusion of liability, the scope and duration of such warranty exclusions and the extent of the liability of Bringmea shall be the minimum permitted under Applicable Law.
• If you use the Delivery Service to arrange delivery services and send food or beverages not otherwise prohibited by these Terms, you assume full responsibility for such items after delivery, including any damage due to temperature sensitivity and/or tampering. You further assume full responsibility for chilling any perishables immediately upon delivery to help maintain the safety and quality of those items.
• The Platform may be used by you to request and schedule Delivery Services with PDPs, but you agree that Bringmea has no responsibility or liability to you related to any delivery or logistics services provided to you by service providers other than as expressly set forth in these Terms.

18. INTELLECTUAL PROPERTY OWNERSHIP

• Bringmea alone (and its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Platform and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations; text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code; or other information provided by the user or any other party relating to the Platform or the Service.
• Third party trademarks may appear on this Platform and all rights therein are reserved to the registered owners of those trademarks. For use of any third party's intellectual property, user needs to get permission directly from the owner of the intellectual property for any use.
• These Terms of Use do not constitute a sale and do not convey to the user any rights of ownership in or related to the Platform or the Service, or any intellectual property rights owned by Bringmea. The user shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by use of the Services or the Platform.
• The user may use information on the Platform purposely made available by Bringmea for downloading from the Platform, provided that the user:
• does not remove any proprietary notice language in all copies of such documents and make no modifications to the information;
• use such information only for user’s personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media; or
• does not make any additional representations or warranties relating to such information.

19. SUSPENSION AND TERMINATION

• You agree that the Company, in its sole discretion and for any or no reason, may terminate the Account (or any part thereof) you may have with the Company or use of the Platform and remove and discard all or any part of your Account or any content uploaded by you, at any time. The Company may also in its sole discretion and at any time discontinue providing access to the Platform, or any part thereof, with or without notice. You agree that any termination of your access to the Platform or any account you may have or portion thereof, may be affected without prior notice, and you agree that the Company will not be liable to you or any third party for any such termination.
• In addition to the reasons and the grounds of termination expressly provided for in these Terms of Use above, the Company, in its sole discretion, reserves the right to terminate any account (or any part thereof) or deny access to any account or use of the Service or remove and discard any content within the Service, for any reason, including, without limitation:
• registration of any account using false or misleading information; or
• violation or inconsistent acts with the letter or spirit of the Terms of Use; or
• violation of any Applicable Laws.
• You acknowledge and agree that the Company may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that the Company shall not be liable to you or any third-party for any termination of your account or denial of access to the Service. In the event of termination of your account by the Company due to any of the aforementioned reasons, the Company shall have the sole discretion to terminate or cancel any of your past acts without any liability to the Company.
• The Company does not permit copyright infringing activities on the Platform and reserves the right to terminate access to the Platform and remove all content submitted by any persons who are found to be infringers. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of the Platform may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies the Company may have under law, contract and/or equity.
• You may log out of your account at any time and/or remove any data or files uploaded by you on the account at any point of time. Provided that such log out from the Platform either by you or by us will not prejudice any of your past lawful acts on the Platform.
• Unless terminated in accordance with this Clause, the agreement between Bringmea and the user is perpetual in nature upon downloading the Application and/or accessing the Website, as the case maybe, and for each Service/Order booked through the Platform.
• The user is entitled to terminate this legal relationship, at all times by deletion of the User Account, thus disabling the use by the user of the Platform. The user can close the User Account at any time by following the instructions provided on the Platform.
• Termination of the relationship formed through these Terms of Use will not prejudice accrued rights of either Bringmea or the user.

20. APPLICABLE LAW AND DISPUTE RESOLUTION

• These Terms of Use are subject to the laws of India.
• All disputes arising out of or in connection with the Terms of Use shall be attempted to be settled through negotiation between senior management of the Company and the user. If any dispute arising between the parties is not amicably settled within reasonable period of sixty (60) days of the initiation of the aforesaid dispute resolution mechanisms, then, the same shall be resolved by arbitration in accordance with the provisions of the Rules of Arbitration of the Indian Council of Arbitration for the time being in force, which rules shall be deemed to be incorporated by reference in this Clause 20. The dispute shall be referred to one (1) arbitrator to be appointed/ nominated by the Company. The place of arbitration shall be New Delhi. The language of the arbitration will be English. The decision of the arbitrator will be final, binding and incontestable and may be used as a basis for judgment thereon in India or elsewhere. The Company and the user will bear its own costs of the arbitration.

21. GENERAL

• We are not liable for any infringement of copyright, trademark, patterns and/or any intellectual or proprietary rights of any third party, arising out of contents and/or materials posted on or transmitted through the Platform or items advertised thereon.
• We shall have no liability to you for any failure and/or delay in performance of Services or any interruption or delay, to access the Platform, if that failure and/or delay is due to reasons or circumstances beyond our reasonable control (and the time for performance of the same shall be and is extended accordingly). However, if we decide to grant you an indulgence on the performance of any obligation under these Terms of Use, such indulgence shall not constitute waiver of any of our rights.
• These Terms of Use and the Privacy Policy incorporated herein by reference constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

• The rights and obligations under the Terms of Use which by their nature should survive, will remain in full effect after termination or expiration of the Terms of Use.
• If any provision of the Terms of Use becomes or is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable then such invalidity, illegality or unenforceability shall not affect the validity of the other provisions of the Terms of Use, which shall remain in full force and effect.
• No representation of our employees, officers or agents or those contained and advertised on the Website or the Platform shall represent an addition or amendment to these Terms of Use unless the same has been set out in writing and signed by one of our directors.
• You agree not to assign, transfer or novate your rights or obligations under these Terms of Use, without our prior written consent, if applicable.
• The laws of India will govern these Terms of Use. By accepting to these Terms of Use you agree to irrevocably submit to the exclusive jurisdiction of the courts at New Delhi in respect of any disputes, acts, matters or controversies arising as a result of breach of these Terms of Use those relating to the validity, enforcement and/or interpretation of the terms of these Terms of Use.
• Failure on our part to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
• No partnership, joint venture or relationship of employee/employer or franchisor/franchisee arises between you and us by reason of these Terms of Use.
• In our discretion we may serve any notice or communication on you by email, fax or mail. In the case of notices sent by (a) fax, you will be deemed served at the time and date of dispatch and receipt of confirmation regarding successful transmission of the fax; (b) email, you will be deemed served at the time and date of receipt of such email by you; and (c) mail, you will be deemed served 5 (five) business days after dispatch of the same.
• No person other than you has any rights under these Terms of Use and cannot enforce these Terms of Use.
• As part of the registration process you agree to receive such marketing and promotional materials via mail, SMS, email and/or fax as we may deem appropriate to send you in connection with our Website and Services. For further details relating to the same, please refer to our Privacy Policy.
• The invalidity of any term of these Terms of Use shall not affect the validity of the other provisions of these Terms of Use. If and to the extent that any provision of these Terms of Use is invalid, or is unacceptable in the given circumstances, a provision shall apply between the parties instead that is acceptable considering all the circumstances, taking into account the content and the purpose of these Terms of Use.

• Company may give notice by means of a general notice on the Service or Platform, or by electronic mail to user’s email address or a message on user’s registered mobile number, or by written communication sent by regular mail to user’s address on record in Bringmea’s account information.
• The user may contact Bringmea by electronic mail to the compliance/ Grievance Officer at the email address contact@bringmea.in or by written communication sent by regular mail to UNIT NO-1017, VIPUL BUSINESS PARK,SECTOR-48 SOHNA ROAD, Gurgaon-122018, Haryana.
• Company shall not be liable for any failure to perform any obligations under these Terms of Use, if the performance is prevented, hindered or delayed by a Force Majeure Event and in such case its obligations shall be suspended for so long as the Force Majeure Event continues.

22. GRIEVANCE OFFICER

Any complaints, abuse or concerns with regards to content and or comment or breach of these Terms of Use shall be immediately informed to Avirup De ("Grievance Officer") through email at contact@bringmea.in with the electronic signature or in writing at the following address to:

Attn : Avirup De

Designation : Grievance Officer

Corporate Address : UNIT NO-1017, VIPUL BUSINESS PARK,SECTOR-48 SOHNA ROAD, Gurgaon-122018, Haryana