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Terms and Conditions

INTRODUCTION

Welcome to the online platform of Zeromiles Internet Services Private Limited!

These terms and conditions (“Terms”) govern your access to/ use of the website, e‑mail, mobile/tablet applications and any other mode of communication with Zeromiles Internet Services Private Limited (“Site”).

Hereinafter:

  1. The terms ​ “You”/“Your”/“User” refers to anyone who access/ uses this Site to create an account with Us in order to sell or purchase Product/s on Our Site (as a Vendor or Customer) or for any other Purpose whatsoever. You/ Your/ User shall be deemed to include such individual/s who consume/s or use the Product/s purchased on Our Site is different from the one who has a Zeromiles Customer Account and these Terms shall be equally applicable to them as if they have accessed/ used Our Site.

  2. The terms ​ “We”/ “Us”/ “Our”/ “Zeromiles” refer to Zeromiles Internet Services Private Limited registered under Companies Act, 2013, having CIN: U72900MH2018PTC315899, having registered office at: 2197, C Ward, Flat No.5, India Tower Apartment, Somwarpeth Kolhapur-416002, Maharashtra, India

  3. “Applicable Law” ​ shall mean and include ​ means any applicable and relevant laws, statute, rule, regulation, ordinances, treaty, judicial precedent, order, judgment, decree, injunction, permit or decision of the government, court or other legislative body in India, having jurisdiction over or otherwise governing these presents.

  4. “Customer” shall mean any Person placing an order for the Products through the Site.

  5. “Logistics Partner” shall mean and include any Person with whom Zeromiles enters into an engagement merely as a facilitator for the purpose of delivery of the Products to You.

  6. “Carrier Partner” shall mean and include any Person who registers with the Logistics Partner as carrier partner and who is appointed by Logistics Partner for the provision of services of shipping, courier and other ancillary services. In future, We may enter into an engagement directly with the Carrier Partner (without necessitating the engagement of any Logistics Partner) for the purpose of the delivery of the Product/s to the Customer/s, in such scenarios these Terms shall be applicable to such Carrier Partners (with whom we enter into an engagement directly) equally as they are applicable to the Logistics Partner and the Carrier Partner/s registered with the Logistics Partner/s.

  7. “Product/s” shall mean merchandise items/edible goods/products/articles of the Vendor displayed for sale on the Site by the Vendor.

  8. “Payment Gateway Provider” shall mean and include all Persons with whom Zeromiles enters into association in the capacity of mere facilitator for proving You the services of payment gateway.

  9. “Perishable” shall mean and include all those Products which have a limited Shelf Life (as defined below) and which are to be consumed within the time-period as mentioned in the Product/s description.

  10. “Person” shall mean to include any individual, body of association or corporations, company, partnership, sole proprietorship, limited liability partnership or any other similar form of business.

  11. “Shelf life” shall mean the length of time after which a Product becomes unfit for use/consumption/sale.

  12. “Vendor” means and include any Person who manufactures Product/s to be sold on the Site/ otherwise lists it’s/his/her Product/s on the Site and who registers itself/himself/herself as vendor with Zeromiles for the aforementioned purpose.

By using/ accessing this Site and/or purchasing or selling any of the Product/s on Our Site, You are agreeing to these Terms and concluding to a legally binding contract between You and Zeromiles Internet Services Private Limited. So please review these Terms before You access/use this Site and/or purchase or sell any of the Product/s available on the Site. If You unwilling/ unable to be bound by these Terms, the only remedy available to You is to stop using/accessing Our Site. We reserve the right to change/otherwise modify /alter these Terms at Our discretion by posting a notice on Our Site and Your continued use/ access to the Site signifies Your acceptance to such modified/altered Terms. So please be sure to return to this page periodically to review the up-to-date version of these Terms.

PERMITTED USE OF WEBSITE

To use/ access this Site, You represent and confirm that You are of 18 years or above. As a minor or a person of unsound mind or a person who is incompetent to contract, You may access this Site in the presence of a legal guardian who is competent to contract and who shall further be liable under these Terms. We grant You the permission to use/access this Site subject to the restrictions/ conditions contained in these Terms. The use/access to this Site shall be at Your sole risk including the risk of You being exposed to the content/ information/materials which may be objectionable/ offensive/ inaccurate or otherwise inappropriate.

Subject to Your acceptance of these Terms, We grant You a limited, conditional, non-transferable, non-sub-licensable, non-exclusive, revocable right to access/ use the Site on Your personal device solely in connection with the use of Our services. You are not allowed to access this Site if You previously have been banned from using/accessing this Site/ through the usage/access to the Site, if You are planning whether directly or indirectly, to commit an illegal activity/ if Your access to this Site shall amount to breach of any Applicable Law/ if You are a competitor of ours. While accessing/using Our Site, You are forbidden from licensing, copying, modifying, reproducing, transmitting, distributing, performing, displaying, publishing, creating derivative works from transferring (or) selling any information /software products/ services from the Site except by obtaining a prior written authorization from Us.

PROHIBITED USE OF WEBSITE

The content and information available on the Site (including but not limited to the pricing, availability of the services), as well as the infrastructure used to provide content and information, is the property of Zeromiles and for the exclusive use by Us. While You may access this Site for the limited purpose of purchasing/ selling the Product/s and/or providing the reviews for the Product/s used by You which are purchased on Our Site, You are hereby prohibited from copying, modifying, altering, distributing, transmitting, reproducing, performing, displaying, publishing, creating derivative worms from transferring or selling any content/information/software products/services from the Site, except by obtaining prior written authorisation from Us.

Additionally, while accessing/using the Site, You agree NOT TO:

  1. Whether knowingly/ unknowingly upload/ transmit data or information or content onto the Site containing virus, Trojan, spyware, malware, ad-ware, worms, time bombs, keystroke loggers/ any other harmful programmes/ similar computer programmes which are designed to adversely affect the functioning/ working of the software or hardware on the Site.

  2. Reverse engineer any part of the Site;

  3. Hack into/ gain unauthorized access/tamper with any of Our facilities.

  4. Keep information/ content/ document irrelevant to Zeromiles and its services . ​ Accounts making ​ any speculative, false, or fraudulent remarks and placing irrelevant, inappropriate, or promotional content that solicit Customers, or that spam us, Vendors/ Logistics Partners/ Payment Gateway providers associated with Us and/or Our other users, may be deleted without prior notice ; ​

  5. Access without authority, interfere with or disrupt

    1. the functioning of the Site or

    2. all or any part of the network/ server on which the Site is hosted

  6. Use foul/ abusive/ offensive/ hateful/ obscene language in the content You upload in the form of Customer reviews/comments/posts including without any limitation, bio/name/images/ profile description.

  7. Violate these Terms, the Privacy Policy (available at: https://www.zeromiles.in/privacy-policy ​ ) and any other agreement which You have/might have with Zeromiles.

  8. Misuse Our Site. For example You shall not use robots/ spider/ tracking tools or any other retrieval applications which may interfere with the functioning Our Site

  9. Post any material, content which infringes the copyright, trademark, service mark, patent or any other intellectual property of third party.

  10. Exaggerate or falsify your experience. Zeromiles does not take sides in cases of dispute, so make sure You can substantiate Your words. Content that indicates the reviewer has not even used the relevant Product/s for which the review is being provided or is falsifying his/her/their experience will be removed as they are obviously deceptive, fake and misleading. Accepting or soliciting a consideration – monetary or otherwise – in exchange for reviews and/or photographs is also not acceptable, and could result in removal of Your profile and deletion of Your account.

CONDITIONS OF SALE OF THE PRODUCTS ON THE SITE

Invitation to offer: The Products displayed on the Site are mere invitation to purchase/buy and do not constitute in any way offer to sale by Us.

Offer: Your act of placing an order by paying the price as displayed on the Site is an offer by You to purchase the Product/s in the order at the price as displayed on the Site.

Order: When You place an order to purchase the Products displayed on the Site, You will receive an e-mail confirming the receipt of Your order and the details of Your order (“Order Confirmation E-mail”). The Order Confirmation E-mail is an acknowledgement that We have received Your order and does not confirm acceptance of Your order to buy the Product/s.

Acceptance of Your offer: The offer is only accepted when the Products are dispatched from the Vendor to Your delivery address as mentioned in Your order and an e-mail confirmation in this regard is sent to You that the Product/s has/have been dispatched to You (“Dispatch Confirmation E-Mail”). If Your order is dispatched in more than one package, then each dispatch shall be a separate contract between You and the Vendors for the Product/s as specified in the Dispatch Confirmation E-mail. It is important for You to understand that the money You transfer at the time of placing the order does not constitute the acceptance of Your offer per se. Moreover We are facilitators who provide You the service by connecting You to the various Vendor/s. We are not to be mistaken to be the manufacturers/ Vendors/ sellers of the Product/s You order on the Site. Transactional (Short Message Service) SMS shall be sent to Your registered mobile numbers for order confirmation/ order status of order/s placed on Our Site. As Our Customer, You represent and warrant that the Products purchased on the Site are for Your internal/ personal purpose and are not for re-sale/ redistribution of the Product/s in any manner whatsoever. Also note that the Product/s that are sold on the Site are only corresponding to the typical needs of an average household. This applies to:

  1. Number of Product/s ordered in a single order.

  2. Placing of several orders for the same Product/s where the individual orders comprise the same Product/ quantity typical for a normal household.

Nature and Quality of the Product/s: Products listed on the Site are based on Customer recommendations/ suggestions from the Customers/ Our partners/ affiliates. We do not claim expertise on the taste, colour, preferences, texture or characteristics of the Products. We select Products from reputed manufacturers/Vendors who have a long history of providing quality Product/s and Customer satisfaction. Any complaints/grievances regarding the Products whose delivery has been executed as per the sale on the Site must be raised within 24 (twenty four) hours of the receipt of Products through an e-mail to Zeromiles: support@zeromiles.in. We being facilitators will escalate Your complaint/ grievance to the customer care of the Vendor and after which You agree to take up any such grievances with the Vendor directly.

Taxes: You shall be responsible for all the fees/charges/costs/ taxes associated with the purchase of Product/s on the Site and You agree to bear any and all taxes levied under Applicable Law.

Change in Delivery Address: ​ You agree and understand that once the order is placed on the Site for purchase of the Products, We won’t be able to change the delivery address mentioned by You at the time of placing the order for the Product/s and Zeromiles shall not be liable for any loss/ damage suffered by You due to the non-change in the delivery address.

SOFTWARE AVAILABLE ON THE WEBSITE

Any software whether available/made available to download from the Site/ used in the operation of the Site (“Software”) is copyrighted by Zeromiles or its Licensors. Your use of such Software is governed by end user license agreement which accompanies/ is included with the Software (“EULA”). You may agree not to use/install the Software unless You have read, agree and understand the terms of EULA. For any Software available on the Site not accompanied by EULA We grant You a limited, conditional, non-exclusive, non-transferrable, non-sub-leasable, revocable access to the Software only for the purpose of accessing/ using this Site (the usage of which shall be governed and construed in accordance with these Terms) and for no other purpose.

INTELLECTUAL PROPERTY

You acknowledge and agree that Zeromiles (and/or its licensors) owns all legal rights, titles and interests in and to the Site, including any Intellectual Property rights (as defined below) which subsist in the Site (whether those rights happened to be registered/not and wherever in the world such rights may exist). These rights may include without limitation any Product designs, service designs, innovative technique based on art, know-how, records, procedures, brands, trademarks, copyright, computer programmes, circuit layout, patent, designs, business names, trade secrets (collectively referred to as “Intellectual Property”) and You agree not to publish/share/ use (whether by modification/alteration/in any other manner whatsoever) without prior written permission from Zeromiles.

We take the protection of Intellectual Property [including Our Intellectual Property and the Intellectual Property of third party (ies)] very seriously, therefore We employ strict measures to prevent any infringement that might occur and to promptly end any infringement that might occur. In case of infringement of the Intellectual Property, Zeromiles reserve as a right to claim through demand notice the amounts as Zeromiles deems fit and appropriate in relation to the loss/damage that has been caused to Zeromiles as a result of the infringement of the Intellectual Property by You.

You further agree to keep in confidence and not to disclose for Your own benefit/ for the benefit of any third party/ for no benefit at all (except when necessary for the performance under these Terms/ as required by Applicable Law, in which case/s You agree to obtain prior written consent from Zeromiles) any information/content/ documents, that are marked/ specified as confidential/ reasonably considered confidential regarding Zeromiles, its officers, directors, personnel and You shall also take such reasonable care for the safeguarding of such confidential information as You would have taken for the protection of Your own information.

PRIVACY POLICY

We at Zeromiles value Your privacy. By accessing/ using Our Site, You agree that You have read, accepted and understood Our Privacy Policy available at: https://www.zeromiles.in/privacy-policy​ and thereby provide Your consent to be bound by the terms of Our Privacy Policy.

ACCOUNT MANAGEMENT: VENDOR ACCOUNT, USER ACCOUNT

In order to access and purchase/ sell Product/s on the Site, You shall create the following accounts (as applicable):

  1. Zeromiles Vendor Account/s: For listing Your Product/s on Our Site, You shall only be entitled to do so by creating a Vendor Account with Us.

  2. Zeromiles Customer Account/s: For purchasing the Product/s listed on Our Site as an individual Customer, You shall only be allowed to do so by registering with Us by creating a Zeromiles Customer Account/s. As an individual Customer You may access Our Site but to purchase Product/s You are required to register with Zeromiles Customer account.

User responsibilities regarding use of their accounts:

  1. You shall be solely responsible for safeguarding Your password and any other credentials required to access Your account. Any loss/ injury/ damage/ harm caused/ incurred/ suffered by You, due to an activity occurring in Your account, whether or not authorized by You, shall not be Our responsibility.

  2. You shall notify Us if You become aware of any unauthorized access to Your account. Such accounts created by You on the Site shall be only used by You. In case You deliver Your password and any other credentials to any other Person, We shall not be liable for any loss/damage/harm/injury caused to You due to the operation/use of Your account by any other Person other than You.

  3. We may notify You regarding the notification, updates, offers on the registered email id , verified contact details as provided by You during the creating of accounts. You shall provide accurate contact details for the same.

  4. You are responsible for the information uploaded on Your account on the Site. Any failure to store, loss or corruption of the information shall not be Our responsibility.

  5. We may terminate Your account and delete any Information/data/content contained in it if there is no account activity (such as a log in event or payment) for over 12 (twelve) months. We may notify You by email or through any other mode of communication as We may deem fit before terminating Your account to provide You with an opportunity to log in to Your account so that it remains active ​ . ​ But such notification by Zeromiles of de-activation/ termination of Your account cannot be claimed as a right by You and it shall be Your duty to check for the validity of Your account if there is no activity (such as login event or payment) for over 12 (twelve) months.

TERMINATION OF ACCOUNT

Termination by You: You can terminate Your account (as applicable) and discontinue availing the services from Our Site. Such termination will result in the deactivation or disablement of Your account and access to it. Zeromiles reserves the right to determine whether to store such information (You provide Us) for business purposes after the termination of Your account.

Termination by Zeromiles: We, at Our discretion, may terminate Your account for any reason by providing You at least 15 (fifteen) days. days of written notice to You. We shall terminate Your account if:

  1. You have failed to comply with these Terms;

  2. You use the services on the Site in a way that causes legal liability on Site/Zeromiles and/or disrupt the functioning of the Site; or

  3. If We come across repeated breach of these Terms by You, We shall take measures to prevent the further use of the Site by You, including blocking Your IP address. ​

  4. We may allow You with an opportunity to export a copy of Your Content from Your account so registered on Our Site. However, there may be time sensitive situations where We may decide that We need to take immediate action without notice to You. We shall use all reasonable efforts to narrow the scope and duration of any limitation or suspension under this Section as is needed to resolve the issue that prompted such action. We have no obligation to retain Your Content upon termination of Your account.

INDEMNIFICATION

Subject to the Applicable Laws, You agree unconditionally and irrevocably, to indemnify, defend and hold harmless as a continuous obligation without any limitation, well and sufficiently saved Zeromiles and its associated entities, its directors, officers, personnel, associates and agents from any actions, claims (including consumer claims, third party claims), losses (including without any limitation loss of profits and loss of business opportunity), damages (special/ consequential/ direct/ indirect/remote) which arose as a result of:

  • Use/ access of this Site by You;

  • Any Products sold/ purchased by You by using/accessing Our Site;

  • Any breach/ violation/ non-observance of these Terms/ privacy policy/ any other agreements between You and Zeromiles;

  • Any charges/ fees/ levies/ taxes which are Your obligations pursuant to these Terms and

  • Infringement of third party intellectual property by You/ Your employees/ associates/ officers/ partners.

FORCE MAJEURE CIRCUMSTANCES

“Force Majeure” means and includes any act of god and any circumstance beyond the reasonable control of the parties, including without limitation, any act of nature or the public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, the elements, insect/snake bite, casualty, strikes, lock-outs, labour troubles, riots, sabotage, embargo, war (whether or not declared), ransomware attacks, changes in governmental laws/ regulations/ orders, seizure etc (hereinafter referred to as “Force Majeure Event”).

Zeromiles shall not be liable for delays or inabilities in performance or non-performance in whole or in part of its duties/obligations due to the operation of Force Majeure Event as well as those that are not due to the acts and/or omissions of itself, its directors, employees, staff members, Vendors, representatives, agents, nominees etc. In such cases, We may suspend Our performance during the operation of the aforementioned Force Majeure Event and no liabilities shall attach to either Party (You and Zeromiles) during the period the performance is suspended.

During the operation of the aforementioned Force Majeure Event, neither shall Zeromiles nor its Vendors/ Logistics Partner/ Payment Gateway Partner/ suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the Site. Neither are We responsible for the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, Product/s, services and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise. We take no liability for any errors, omissions or representations on any of its pages or on any links or on any of the linked website pages.

We shall diligently attempt to remove/ reduce the effects of such aforementioned Force Majeure Event, however We do not guarantee/ assure the results of Our attempts for the removal of Force Majeure. Further, We shall not be held liable in case We fail in Our attempts to remove/ reduce the effects of the aforementioned Force Majeure Event. As soon as the Force Majeure Event is remedied, the parties' (Zeromiles and You) respective rights, obligations and performance as set forth in this Agreement shall be immediately reinstated.

USER REVIEW/ COMMENTS

We would love to hear from You!

Please be aware that when You provide an experience/ review/ comment/ upload any photo (“Review”) relating to the Product/s purchased or service/s You have availed (whether You post it from Your Zeromiles Customer Account/share with Us through an electronic mail or any other digital mode), You grant Zeromiles an exclusive, irrevocable, transferable, sub-leasable, royalty free, perpetual right to

  1. use, reproduce, modify, alter, adapt, translate, distribute, publish, create derivative works from, publicly display/perform and advertise such Review/s throughout the world in any media, now known or hereafter devised; and

  2. You agree and acknowledge that Zeromiles may provide attribution of Your Reviews (for example, You have listed Your name and name of Your hometown on a Product review that You submit) at Our discretion, and that such Review/s may be shared with the supplier partners/Vendors/Logistics Partners/ Payment Gateway Provider/ business associates/ franchisee registered with Us.

You further agree and acknowledge that such Review/s posted by You constitute Intellectual Property of Zeromiles and whereby You expressly waive any and all “moral rights” (including without limitation rights of attribution or integrity) that may subsist in Your Review/s and agree that You have no objection to the ownership of such Review/s by Zeromiles and/or to the publication, advertising, marketing, use, modification, deletion or exploitation of Your Review/s by Us. We take no responsibility and assume no liability for any Review/s posted or submitted by You. We have no obligation to post Your Review/s; We reserve the right in Our absolute discretion to determine which Review/s are to be published on the Site. If You do not agree to give Us the right as mentioned in this clause (“Your reviews/ ratings/ comments/ideas”), please do not post/ send Us any Review/s.

THIRD PARTY LINKS/ SOFTWARE

Our services may be made available/ accessed/ used in connection with third party services and third party content/ information which Zeromiles does not control. You acknowledge and agree that different terms of use/ privacy policies may apply to Your use of such third party services and content/ information. We do not endorse such third party services and in no scenario shall We be responsible/ liable for any of the Products/ service of the third party service providers.

Additionally Apple Inc., Google Inc., Blackberry Ltd., Microsoft Corporation will be a third party beneficiary to this contract if You access Our services using applications developed for ios, Android, Blackberry and Microsoft devices respectively. These third party beneficiaries are not parties to this contract and are not responsible for the support of Our services in any manner. Your access to Our services using these devices is subject to the terms set forth in the applicable third party beneficiary’s terms of use/ terms of service/ end user license agreement.

You may find links to third party websites/ applications on Our Site. You agree and understand that once You click on such third party website’s/ application’s link/s, You may be redirected to such third party website/ application, which use/ access shall no longer be governed by these Terms or Our Privacy Policy. You further agree and understand that by clicking/ accessing the third party links on Our Site, You may be exposed to the content/ information/ documents which may contain virus/ trojan/malware/ trackers/ spider and the use of such third party website/ application once You click on such third party link/s on Our Site shall be at Your sole risk.

DISCLAIMER/ LIMITATIONS OF LIABILITY

ZEROMILES DISCLAIMS ALL LIABILITIES FOR ANY DAMAGE OR LOSS INCURRED BY YOU, ARISING OUT OF YOUR OWN MISCONDUCT, NEGLIGENCE OR FAULT, OR DUE TO MEASURES TAKEN UP BY ZEROMILES TO PROTECT THE INTERESTS OF ZEROMILES AND ITS ASSOCIATES, DIRECTORS, OFFICERS, PERSONNEL, OUR ASSOCIATES, AFFILIATES OR OUR USERS. NOTHING IN THESE TERMS OR THE SITE OR ANY PROVISIONS CONTAINED THEREIN SHALL SUGGEST CONSTITUTING A PARTNERSHIP BETWEEN YOU AND ZEROMILES. NO ADVICE OR INFORMATION RECEIVED BY YOU FROM ZEROMILES AND/OR ITS ASSOCIATES (WHETHER ORAL OR WRITTEN) OR THROUGH/FROM OUR SERVICES SHALL CONSTITUTE A WARRANTY OR GUARANTEE OF ANY KIND, UNLESS EXPRESSLY STATED IN THE TERMS. ZEROMILES MAKES NO CLAIMS OR PROMISES WITH REGARDS ANY THIRD PARTY SUCH AS THE ADVERTISERS OR BUSINESSES LISTED ON THE SITE OR THE USERS OF THE SITE.

ZEROMILES MAKES NO CLAIMS OR PROMISES WITH REGARD TO THE LEGALITY/ ACCURACY OF THE SERVICES PROVIDED BY THE LOGISTICS PARTNERS/ PAYMENT GATEWAY FACILITATOR OR QUALITY OF THE PRODUCTS SOLD BY THE VENDOR ON OUR SITE (COLLECTIVELY REFERRED TO AS ‘SERVICE PROVIDERS’). YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR THE RISKS INVOLVED WHEN YOU AVAIL THE SERVICES FROM SERVICE PROVIDERS WHO ASSOCIATE WITH US TO PROVIDE PRODUCT/S OR SERVICE/S. THUS IN CASE OF ANY LOSS/DAMAGE/INCONVENIENCE CAUSED TO YOU BY VIRTUE OF THEIR ACTS OR OMISSIONS, ZEROMILES ENTITIES ARE NOT LIABLE.

THE INFORMATION/CONTENT/MATERIALS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ANY MATERIAL DOWNLOADED OR OBTAINED FROM THE USE OF THE SITE OCCURS AT YOUR OWN DISCRETION AND RISK AND YOU SHALL BE SOLELY LIABLE FOR ANY LOSS OR DAMAGE CAUSED TO YOUR COMPUTER, DEVICE OR LOSS OF DATA THEREOF.

WE MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SERVICES, SOFTWARE AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SERVICES, SOFTWARE AND RELATED GRAPHICS ARE PROVIDED ON “AS IS” AND “WHERE IS” BASIS WITHOUT WARRANTY OR GUARANTEE OR CONDITION OF ANY KIND. ZEROMILES AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SERVICES, SOFTWARE AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, OFFICE ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ZEROMILES OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING OF THE SITE.

THE OBJECTIVE OF THE SITE IS NOT TO HURT ANY SENTIMENTS OR BE BIASED IN FAVOUR OF OR AGAINST ANY PARTICULAR PERSON, SOCIETY, GENDER, CREED, NATION OR RELIGION. KINDLY DO NOT BROWSE THROUGH THE SITE IF YOU BELIEVE THAT CERTAIN KINDS OF CONTENT MAY BE OFFENSIVE TO YOU. VIEWING ANY CONTENT OF THE SITE IS A CONSCIOUS CHOICE OF THE USER AND SHALL NOT BE OUR RESPONSIBILITY. ​ ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED BY ZEROMILES.

PAYMENT MODE

Payment for the purchase of the Product/s on the Site can be made by the following ways:

Online Payment through Debit/ Credit Card:

Payment can be made by using a debit/ credit card. We accept debit/credit cards of all leading banks. You understand that Your payment details including but not limited to the card number, name of the card holder, date of issue/ expiry, Card Verification Value (CVV) and other details may be collected by a third party payment gateway with whom Zeromiles may enter into an engagement in the capacity of mere facilitator for providing You the services of such payment platform. By proceeding with the payment process, You will be entering into an agreement with such Payment Gateway Provider/s which shall be governed by their terms and conditions/ terms of use and privacy policy. It shall be Your responsibility to read, understand and accept the privacy policy of such Payment Gateway Provider/s . Zeromiles disclaims any and all liabilities associated with the privacy of such information transmitted/stored/collected/processed/ shared by Payment Gateway Provider/s as Zeromiles neither owns nor controls such Payment Gateway Provider/s. Any complaints/ grievances in the process of online payment shall be addressed to the Independent Gateway Provider/s by e-mail: ​ contact@razorpay.com​.

Cash On Delivery:

We accept cash on delivery (“COD”) for Products in whose Product description category, COD is provided as a payment option. Further as Customer/s eligible for COD and We reserve the right to limit the availability of COD option to selected Customers and on selected Product/s (collectively referred to as “Eligible Orders”) basing on various factors such as for Customer/s who frequently purchases the Product/s on Our Site, prompt payment upon delivery, price of the Product etc. If and when We start accepting COD, the COD will be reflected on Your payment page provided that the items in Your order are Eligible Orders.

REFUND POLICY

While We may refund amounts as applicable in different situations, You agree and understand that the taxes which are paid under Applicable Law shall not be refundable.

Situation 1: ​ Customer Defaults

When the Product is delivered at the address given by You but You are not available at the delivery address to accept the delivery or You have provided Us incorrect/fake address, in such an instance the Logistics Partner attempts the delivery at three (3) different times. Also after each attempt a communication is made to You from Us either by SMS or e-mail. After the third unsuccessful attempt the Product is returned as ‘undelivered’ to the Vendor. In this scenario, if it is a Perishable Product then We will be forced to destroy it. In which case You shall not have the option of requesting a re-delivery. You shall not be entitled to any refund on any ground whatsoever. In case the Product/s are not Perishable, You may request for a re-delivery (in case of issues with the address, You shall provide Us with the correct address when You make a request for re-delivery). In this scenario, a re-delivery will be attempted only after You transfer an amount equivalent to the amount incurred by the Company/ Vendor/ Logistics Partner in shipping the Product/s to Your Location and back to the Vendor/s location and the packaging costs involved therein. This amount (hereafter for the sake of brevity referred to as ‘re-delivery’ amount) shall be communicated to You by Us after receipt of Your request of re-delivery. The Product shall be dispatched only upon receipt of such amount from You. In case a refund is requested, the shipping charges from Vendor’s location to the delivery address and for return of the Product from the delivery address to the Vendor’s location shall be deducted from the total refund value. The illustrative list of Perishable Product/s and Products which are not Perishable Product/s is made available in Annexure hereto. However, it is hereby expressly clarified that in a given scenario or a particular case whether a particular Product falls under Perishable or non-Perishable category shall be the decision of Zeromiles and shall be binding on You.

Situation 2 ​ : ​ Logistics Partner(s)/ Carrier Partner(s) Defaults

In case of any default(s) by the Logistics Partner including but not limited to delayed delivery, non-delivery, tampering of the package, damage to the Product/s (hereinafter referred to as “Defaults”), You shall report to Us at: ​ support@zeromiles.in within 12 (twelve) hours from such Default occurring and We shall forward such grievance to the Logistics Partner/ Carrier Partner. Alternatively You may contact Logistics Partner/ Carrier Partner directly for faster remedy of Your grievances. You agree and understand that Zeromiles is merely a facilitator in providing You the delivery services of Logistics Partner/ Carrier Partner and that Zeromiles has no control over the Logistics Partner in any manner. We hereby clearly disclaim any and all liability and responsibility for any Defaults committed by Our Logistics Partners/ Carrier Partner. Kindly take note that the dispatch dates and times provided by the Logistics Partner/ provided on the e-mail/ website of the Logistics Partner are approximate values and scheduled or planned timings and hence are not to be misinterpreted as committed or promised performances. In this scenario, We shall refund an amount not more than 10% of the total cost of the Product/s. We request any additional claims by You regarding the refunds, compensation, return of the Product/s damaged/deteriorated due to the negligence/ default/omission/ commission by the Logistics Partner/ Courier Partner may be directed to Logistics Partner/s alone.

Situation 3: ​ ​ Vendor Defaults

  1. In case of breakage of Products which are extremely brittle/crispy like cookies, chips etc. We will ask the Vendor/s to pack the Product/s as to ensure the quality of the Product/s is intact, but still there is a high likelihood that there may be damage caused to some of the items or part of the Product. We hereby absolutely disclaim any liability for any such damage caused which is not more than 50% (fifteen percent) of the entire content/s of the Product. In case of damage above 50% (fifty percent), You shall send a photograph of the damaged Product/s within 1 hour of having received the delivery of the Product to support@zeromiles.in​. ​ In such situations, Zeromiles may, in its sole discretion, refund to You not more than 50% (fifty percent) of the total money paid by You for that particular transaction. In any case, You by agreeing to these Terms, waive off Your remedy in law, if any, to claim the same as of right.

  2. If the goods are completely destroyed or are infested by insects or ants or fungi. The Vendors who list their Product/s on Our Site shall make sure that Product/s are fresh and have a healthy shelf life at the time of dispatch from the Vendor’s location. However in case a Product has gone bad at the time of delivery, it shall be Your responsibility to send Us the photographs within 2 (two) hours of Your having accepted the delivery through e-mail to: support@zeromiles.in​. In such a case, We may either refund the entire money paid by You for the Product OR have another Product of same description delivered to You. You shall duly receive a dispatch mail intimating You of such a decision OR We may refund You by giving You credits in Your Zeromiles Customer Account.

  3. The Products which are listed on the website may contain ingredients which may cause allergy (including without limitation food allergy, skin allergy) to You which include but are not limited to nuts, seafood, milk and dairy Products, eggs etc. If You have a query/ doubt regarding any allergies, please enquire with Us at: support@zeromiles.in​ about the Product/s that You wish to purchase by providing Your contact details along with the query. We shall forward Your query/ doubt regarding the Product allergies to Vendor and either We or the Vendor may contact You with an answer to Your query. Zeromiles disclaims any liability if You have placed an order without inquiring about food allergies and if You or Your beneficiary or recipient of the Product/s face any discomfort or disorientation of health.

Further We do not endorse or guarantee the accuracy of information provided by the Vendor upon a query/ doubt by You regarding any allergies on Products. Any and all actions/ claims (including consumer claims) may be taken up by You against Vendor directly as We merely act as facilitators in forwarding Your query/doubt to the Vendor and We don’t provide guidance/ advice on such matters. Moreover, if You or any individual who is intended to consume the Product so ordered suffers from any allergy of any kind then You for Yourself and for such individual hereby agree to waive off any claims that You or he/she/they may have against Zeromiles Internet Services Private Limited and agree to indemnify and keep indemnified, well and sufficiently saved and hold harmless against any loss that Zeromiles may suffer as a result of You having consumed such food item/Product.

CHOICE OF LAW AND VENUE

These Terms shall be governed by the pertinent laws, rules, regulations, judgments/orders/decrees having the effect of law, acts and ordinances of the territory of India, without having regard to conflict of law provisions.

In the event of any claims/disputes arising pursuant to these Terms, such dispute/ difference of opinion/ claim shall be settled by the relevant provisions of and the procedure prescribed by the Information Technology Act, 2000 and any other data protection/privacy laws applicable in India. All disputes in respect of which the Adjudicating Officer under the Information Technology Act, 2000 or the Cyber Appellate Tribunal, as the case may be, do not have exclusive jurisdiction, shall be referred to arbitration. ​ In case of arbitration, the proceedings will take place according to the provisions of the Arbitration & Conciliation Act, 1996. The venue for arbitration will be Delhi, India and the preferred medium for arbitration will be English. A sole Arbitrator shall be appointed upon mutual agreement between the parties for the proceedings. The cost of arbitration shall be borne equally by both parties. The award of the arbitrator shall be final and binding on the parties.

HELP

If you have any doubts/queries about these Terms, kindly get in touch with Us by emailing at: support@zeromiles.in ​ or calling Us at +918387897869 or via written correspondence to Us at: 10079, West Gorakh Park, Shahdara, Delhi-110032, India.