The User expressly acknowledges and agrees that Open is a technology services provider that, during the provision of the Salt.Store Services, does not sell the items/products listed on the Platform, or provide logistics or delivery services, will not be involved in any grievances arising out of or in connection with the Platform, nor will it function as a transportation/logistics carrier, or operate as an agent for the delivery of good(s)/item(s) purchased, logistic(s) services. While using the Salt.Store Services, the User acknowledges that it will be entering into contracts directly with the Merchants and Delivery Partners on a principal-to-principal basis.
PART A - GENERAL TERMS RELATING TO SALT.STORE SERVICES
- You shall be permitted to access the Platform, avail the Salt.Store Services and connect with Merchants and Delivery Partners on the Platform only upon creating an Account (as defined below) and completing registration on the Platform. Your ability to continue using the Platform and the Salt.Store Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, e-mail address and a valid phone number, while registering on the Platform.
- As a part of the registration, You may be required to undertake a verification process to verify Your personal information and setting up the Account.
- Open shall have the right to display the information, feedback, ratings, reviews etc. provided by You on the Platform. You agree and accept that, as on the date of Your registration on the Platform, the information provided by You is complete, accurate and up-to-date. In the event of any change to such information, You are required to promptly inform Open of the same, in writing, at least 1 (one) week prior to the date on which such change takes effect. You acknowledge and accept that Open has not independently verified the information provided by You. Open shall in no way be responsible or liable for the accuracy or completeness of any information provided by You. If You provide any information that is untrue, inaccurate, not current or incomplete, or Open has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Open reserves the right to suspend or terminate Your Account (as defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
2. Salt.Store Services:
- The Platform provides You with the following services (collectively, "Salt.Store Services"):
- It enables You to interact with Merchants, Delivery Partners and DSPs;
- It allows You to view the items/services ("Items") listed on the Platform by the Merchants;
- It allows You to purchase Item(s) from the Merchants listed on the Platform and allows You to get the Items delivered to You through Delivery Partners ("Delivery Services");
- It allows You to give ratings, write comments and reviews about Delivery Partners and Merchants;
- It enables you to get in touch with DSPs to resolve/grievances avail support in respect of the services provided on the Platform, apart from facilitating the provision of User ratings, reviews and feedbacks.
- You agree that, any transactions entered into on the Platform, will constitute a contract between You and the respective Merchant and/or Delivery Partner. In the event of any concerns in respect of the Platform and/or Salt.Store Services, You hereby agree that Your recourse will be solely against the said parties alone. You acknowledge and hereby appoint the DSP to act as your agent in addressing and resolving any concerns in respect of the foregoing.
- Once the Delivery Services have been completed or delivered, as the case may be, You shall promptly notify the same on the Platform.
- Open may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the Salt.Store Services listed above from time to time. Open does not provide any guarantee to You that the Salt.Store Services will be made available to You at all times.
- You hereby agree and acknowledge that Open is only a facilitator between You, the Merchants and Delivery Partners and Open only provides You with access to the Platform to connect with Merchants and Delivery Partners for You to initiate transactions on the Platform. You hereby agree and acknowledge that Open will not be a party to any of the transactions that are initiated by You through the Platform and such incidents shall be taken up and resolved by the designated DSP. Open shall not be liable in any manner or incur any liability with respect to the services performed by the Merchants or the Delivery Partners, as the case may be. Further, You hereby agree and acknowledge that Open shall not be liable for the conduct, acts and omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their services to You, or for any loss or damage to the Items or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be.
- You shall be eligible to avail the Salt.Store Services as per applicable laws. If You are purchasing any medicinal product, using the Platform, for which You are required to have a valid prescription from a medical practitioner, You shall, ensure that physician, as far as possible, prescribe drugs with generic names and he / she shall ensure that there is a clear prescription and will upload the same on the Platform, while initiating a transaction with respect to the same on the Platform. Failure to do the same, shall result in cancellation of the transaction. Only upon verification of the medical prescription, will You be able to avail the Salt.Store Services for purchasing the required medicines.
- In case of Salt.Store Services, it is the duty of the Merchants to share the updated Item list along with its prices on the Platform. Open shall not be responsible for any inaccurate Item listing on the Platform. Further, You hereby agree and acknowledge that for certain Items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Merchants to list out the exact price or prices of such Items on the Platform. In such cases, the Delivery Partner upon reaching the Merchant outlet shall intimate You about the Item price and You shall be required to confirm the purchase of the Item and you shall promptly make the payment for the same to complete the transaction, however if You do not confirm the purchase of the Item and do not make payment for the Item, You shall pay such fees as may be communicated to You on the Platform for the efforts of the Delivery Partner.
- Open does not check or verify the Items that are being delivered to You by the Delivery Partner, and therefore Open shall have no liability with respect to the same. However, if it comes to the knowledge of Open that You have availed the Salt.Store Services using the Platform to deliver any illegal or dangerous substance, Open shall have the right to report You to the government authorities and take other appropriate legal actions against You.
- You hereby acknowledge that Open shall not be liable for any damages of any kind arising from Your use of the Salt.Store Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
- Open shall be entitled at any time without giving any reason terminate Your request for any Salt.Store Service.
- You hereby agree that shall not be liable for any conduct or misbehaviour or actions of the Merchants/Delivery Partners with respect to any transactions initiated on the Platform. Further, You agree that Open has no control over the Items provided to You by the Merchants and therefore, Open shall not incur any liability with respect to such Items. However, keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging
- You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around the location where the Items must be delivered to You, at the time of such scheduling and re-scheduling a transaction and such re-scheduling may be subject to additional fees/charges. Should You choose to reschedule a transaction on the Platform at a later point of time, You shall cancel the current transaction on the Platform (if initiated) and initiate a new transaction on the Platform, as per Your convenient time.
- If a transaction initiated by You on the Platform cannot be completed, Open shall notify You on the Platform.
- You agree to provide as much information as possible on the Platform with respect to the Items/services You wish to purchase/avail, using the Platform.
- Open will use Your location-based information that is captured by Open through global positioning system when You are using Your mobile device to request the Salt.Store Service from the Platform. Such location based information shall be used by Open only to facilitate and improve the Salt.Store Services being offered to You.
- Open cannot and will not fulfil any tasks which are immoral or unlawful in nature. Open reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by Open’s internal policies or as per the independent discretion of Open. Open may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.
- You understand and acknowledge that Open by itself does not sell or provide any such Items. Open is not responsible for the quality, merchantability or fitness of such Items. Accordingly, in the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase or sale of any product from any Merchant, You may contact Platform support for routing your grievances to the Merchant through the Platform.
- You hereby acknowledge that if You have any complaint with respect to the Salt.Store Services, You will first inform Open in writing within 24 (twenty four) hours of using such Salt.Store Services.
3. User Information
- You are solely responsible for and in control of the information You provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by Open. Further, You understand and agree that certain information will be case sensitive and must be handled with a prudent care.
- In the case where the Platform is unable to establish unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Open reserves the full discretion to suspend a User's Account in the above event and does not have the liability to share any Account information whatsoever.
4. Payment Terms
- All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery.
- While initiating a request for a Delivery Service, You shall pay for the price of the Items You require the Delivery Partners to deliver to You from the Merchant. Only upon processing such agreed amount via Platform, shall the Delivery Partner purchase the Item on Your behalf. The transaction for the Delivery Service will be initiated on the Platform once You have completed the payment for the same on the Platform. In case You have placed a cash on delivery order, You are required to pay the price of the Items in cash payment, to the Delivery Partner.
- You understand, accept and agree that the payment facility provided by Open 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, Open is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
- You acknowledge and agree that Open acts as the Merchant's payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Items purchased using the Platform.
- Service Fees: With respect to Delivery Services, You will be charged a separate service fees ("Service Fees"). For prepaid orders, the Service Fees shall be paid prior to availing any of the Salt.Store Services. In case You have opted for a cash on delivery order, You are required to pay the Services Fees to the Delivery Partner in cash payment.
- You agree that Open may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform.
- You agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Merchants (with respect to the Items sold/provided by them). Based upon such Delivery Partner and Merchant ratings, Your rating score on the Platform will be determined and displayed.
- Open and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of Open and its parnters, affiliates without attribution to or approval of Users and You hereby consent to the same. Open and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Open’s or its affiliates’ content policies.
- Location: You acknowledge and agree that Your geo-location information is required for You to avail the Salt.Store Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, Open may share Your geo-location information with DSP, Delivery Partners and Merchants (as the case maybe) to facilitate the Salt.Store Services for You.
PART B - SPECIFIC TERMS GOVERNING SALT.STORE SERVICES
6. Cancellation and Refund
- In the event of cancellation, refund or any other concern You have in respect of an Order, it must be taken up with the designated DSP and will be subject to the cancellation and refund policy mentioned on the Platform.
- The DSP shall confirm and initiate the execution of the transaction initiated by You upon receiving confirmation from You for the same. If You wish to cancel a transaction on the Platform, You shall select the cancel option on the Platform. It is to be noted that You may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Delivery Partner or the Merchant, as the case may be. With respect to work commenced by Merchants the cancellation fee will be charged to You which will be in accordance with the cancellation and refund policies stated on the Platform.
- The DSP may cancel the transaction initiated by You on the Platform, if:
- The designated address to avail the Salt.Store Services provided by You is outside the service zone of the Delivery Partners.
- Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking.
- If the transaction involves the purchase of medicines for which a medical prescription prescribed by a medical practitioner is required and for which You have not provided such medical prescription or provided an invalid medical prescription.
- Information, instructions and authorisations provided by You is not complete or sufficient to execute the transaction initiated by You on the Platform.
- If a Delivery Partner is not available to perform the services, as may be requested.
- If any Item for which You have initiated the transaction is not in stock with the Merchant.
- If the transaction cannot be completed for reasons which are not in the control of Open.
- You shall only be able to claim refunds for transactions initiated by You only if You have already prepaid the fees with respect to such transaction.
You hereby agree and acknowledge that any offers that are being extended on the the Platform is provided by Open at its sole independent discretion, and nothing shall entitle You to any of these offers. You shall read the terms and conditions of such offers carefully before availing them.
8. Eligibility to Use
- The Salt.Store Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Open from accessing the Platform for any reason whatsoever. You represent that You are of legal age to form a binding contract and are not a person barred from receiving using or availing Salt.Store Services under the applicable laws.
- Open reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without according any reasons for doing so.
- You shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, You are prohibited from selling, trading, or otherwise transferring Your Account to another party or impersonating any other person for the purposing of creating an account with the Platform.
9. User Account, Password, and Security
- In order to use the Platform and avail the Salt.Store Services, You will have to register on the Platform and create an account with a unique user identity and password ("Account"). If You are using the Platform on a compatible mobile or tablet, You will have to install the Platform application and then proceed with registration.
- You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to (i) immediately notify Open of any unauthorized use of Your Account information or any other breach of security. Open cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Open or any other User of or visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another User’s Account information for using the Platform is expressly prohibited.
10. Representations and Warranties
- You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the Salt.Store Services.
- You represent and warrant that You are legally authorised to view and access the Platform and avail the Salt.Store Services.
- You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Open. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Open Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
- You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Open disclaims all liabilities arising in relation to such offensive content on the Platform.
- Further, You undertake not to:
- defame, abuse, harass, threaten or otherwise violate the legal rights of others;
- publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
- do any such thing that may harms minors in any way;
- copy, republish, post, display, translate, transmit, reproduce or distribute any Open Property through any medium without obtaining the necessary authorization from Open;
- conduct or forward surveys, contests, pyramid schemes or chain letters;
- upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
- upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
- engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
- attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Open server, or through the Platform, by hacking, password mining or any other illegitimate means;
- probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
- disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
- collect or store data about other Users, Merchants, Delivery Partners in connection with the prohibited conduct and activities set forth herein;
- use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
- falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
- impersonate any other User, Merchant, Delivery Partner or person;
- violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
- threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
- reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
- You agree and acknowledge that the use of the Salt.Store Services offered by Open is at Your sole risk and that Open disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness of the Salt.Store Services for any purposes are excluded to the fullest extent permitted by law.
- Without prejudice to the above, Open makes no representation or warranty that the Salt.Store Services will meet Your requirements.
11. Intellectual Property Rights
- The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), except any third party software available on the Platform, is owned by Open ("Open Property") and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Open Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use Open Property without the prior written consent of Open.
- The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of Open, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of Open or such third party as may be applicable.
12. Disclaimer of Warranties & Liabilities
You expressly understand and agree that, to the maximum extent permitted by applicable law:
- The Platform and Open Property, Salt.Store Services are provided by Open on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Open makes no warranty that (i) the Platform, Salt.Store Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the