These terms of use ("Terms of Use") mandate the terms on which users ("You" or "Your" or "Yourself" or "Users") interested in browsing or availing Dunzo Services (defined below), and accessing the platform www.dunzo.com and the mobile application owned and operated by Dunzo Digital Private Limited ("Dunzo") collectively referred to as, the "Platform" connects with the merchants registered on the Platform ("Tied-up Merchants"), merchants not registered on the Platform ("Non-tied up Merchants") (together hereinafter referred to as "Merchants") and with delivery partners ("Delivery Partners") to avail the Dunzo Services.
Please read the Terms of Use carefully before using the Platform or registering on the Platform or accessing any material or information through the Platform. By clicking on the "I Accept" button, You accept this Terms of Use and agree to be legally bound by the same.
Use of and access to the Platform is offered to You upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Use and Privacy Policy, along with any amendments made by Dunzo at its sole discretion and posted on the Platform from time to time.
For the purposes of these Terms of Use, the term 'Dunzo' or 'Us' or 'We' refers to Dunzo Digital Private Limited. The term 'You' refers to the user or visitor of the Website and/or App. When You use our services, You will be subject to the terms, guidelines and policies applicable to such service and as set forth in these Terms of Use. As long as you comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use our Platforms and services.
a. You shall be permitted to access the Platform, avail the Dunzo Services and connect with Merchants and Delivery Partners on the Platform only upon creating an Account (as defined below) and obtaining a registration on the Platform. Your ability to continue using the Platform, Dunzo Services is subject to Your continued registration on the Platform. You will be required to enter Your personal information including your name, contact details, valid phone number while registering on the Platform.
b. 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.
Dunzo 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 shall be required to promptly inform Dunzo of the same, in writing, at least 1 (one) week prior to the date on which such change shall take effect. You acknowledge and accept that Dunzo has not independently verified the information provided by You. Dunzo 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 Dunzo has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Dunzo reserves the right to suspend or terminate Your Account (defined below) and refuse any and all current or future use of the Platform (or any portion thereof) at any time.
a. The Platform provides You with the following services ("Dunzo Services"):
b. Once the Delivery Services/ Purchase Services/Pick-Up and Drop Off Services/Bike Taxi Services / Bike Pool Services have been completed or delivered, as the case may be, You shall promptly notify the same on the Platform.
c. Dunzo may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the Dunzo Services listed above from time to time. Dunzo does not provide any guarantee to You that the Dunzo Services will be made available to You at all times.
d. You hereby agree and acknowledge that Dunzo is only a facilitator between You, the Merchants and Delivery Partners (as the case maybe) and Dunzo 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 Dunzo will not be a party to any of the transactions that are initiated by You through the Platform and Dunzo 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 Dunzo 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 Item 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.
e. You shall be eligible to avail the Dunzo 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 Dunzo Services for purchasing the required medicines.
In case of Purchase Services, it is the duty of the Tied-Up Merchants to share the updated Item list along with its prices on the Platform. Dunzo 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 Tied-Up Merchants to list out the exact price or prices of such Items on the Platform. The above shall also be applicable to the provision of Purchase Services. 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 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.
f. You shall not initiate any transaction for any Item on the Platform which is illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of this Terms of Use and applicable laws. You specifically agree that You shall not initiate any transaction on the Platform for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, You hereby acknowledge and agree that Dunzo shall not be liable for any indirect, direct damage or loss, cost, expense incurred by You in relation to the transactions initiated by You on the Platform.
g. Dunzo does not check or verify the packages that are being picked up and dropped off on behalf of You or the Items that are being delivered to You by the Delivery Partner, and therefore Dunzo shall have no liability with respect to the same. However, if it comes to the knowledge of Dunzo that You have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services using the Platform to deliver any illegal or dangerous substance, Dunzo shall have the right to report You to the government authorities and take other appropriate legal actions against You.
h. You hereby acknowledge that Dunzo shall not be liable for any damages of any kind arising from Your use of the Dunzo Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.
i. Dunzo shall be entitled at any time without giving any reason terminate Your request for any Dunzo Service.
j. You hereby agree that Dunzo shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that Dunzo has no control over the Items provided to You by the Merchants and therefore, Dunzo 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
k. You hereby agree that scheduling and rescheduling a transaction on the Platform depends upon the availability of Delivery Partners around Your area at the time of such scheduling and re-scheduling a transaction. 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.
a. 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 Dunzo. Further, You understand and agree that certain information will be case sensitive and must be handled with a prudent care.
b. 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. Dunzo 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.
a. Purchase Services: While initiating a request for a Purchase Service, You shall pay for the price of the Items You require the Delivery Partners to deliver to You from the Tied Up Merchant. The transaction for the Purchase Service will be initiated on the Platform once You have completed the payment for the same on the Platform. In certain exceptional circumstances, if the purchase price of the Item is not available on the Platform, You shall be required to pay the purchase price of the Item, through the Platform, as may be communicated to You by the Delivery Partner, prior to the Delivery Partner undertaking Purchase Service.
b. Delivery Services: While availing Delivery Service, You shall pay the purchase price of the Item through the Platform, as may be communicated to You by the Delivery Partner on behalf of the Non- Tied up Merchant. Only upon processing such agreed amount via Platform, shall the Delivery Partner purchase the Item on Your behalf.
c. Pick Up and Drop Off Services: While initiating a request for a Pick Up and Drop Off Service, You shall pay the service fees for availing the Pick Up and Drop Off Service, as may be displayed to You on the Platform. Only upon making such payment will the Delivery Partner initiate the Pick Up and Drop of Service.
d. Bike Taxi Service: While initiating a request for a Bike Taxi Services on the Platform, You shall pay the service fees for availing the Bike Taxi Services, as may be displayed to You on the Platform. Only upon making such payment will you be eligible to avail the Bike Taxi Service.
e. Bike Pool Service: While initiating a request for a Bike Pool Services on the Platform, You shall pay such fare (calculated basis journey distance and time) for availing the Bike Pool Services, as may be displayed to You on the Platform. Only upon making such payment will you be eligible to avail the Bike Pool Service.
f. Service Fees: With respect to Delivery Services and Purchase Services, You will be charged a separate service fees ("Service Fees"). The Service Fees shall be paid prior to availing any of the Dunzo Services.
g. You agree that Dunzo may use certain third-party vendors and service providers, including payment gateways, to process the payments made by You on the Platform.
a. 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); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate You on the Platform. Based upon such Delivery Partner and Merchant ratings, Your rating score on the Platform will be determined and displayed.
b. Dunzo and its affiliates reserve the right to use, share and display such ratings and comments in any manner in connection with the business of Dunzo and its affiliates without attribution to or approval of Users and You hereby consent to the same. Dunzo 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 Dunzo’s or its affiliates’ content policies.
c. Location: You acknowledge and agree that Your geo-location information is required for You to avail the Dunzo Services and initiate transactions on the Platform. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, Dunzo may share Your geo-location information with Delivery Partners and Merchants (as the case maybe).
a. Dunzo 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 of such Merchants.
b. Dunzo may cancel the transaction initiated by You on the Platform, if:
c. You shall only be able to claim refunds for transactions initiated by You only if You have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, You shall be eligible to get the refund in the following circumstances:
i. As a part of the Dunzo Services, Dunzo also gives You an option to avail the Pick Up and Drop Off Services being provided by the Delivery Partners.
ii. You can initiate a transaction on the Platform by which You may (through the help of a Delivery Partner) send packages at a particular location. The Pick Up and Drop Off Services are provided to You directly by the Delivery Partner and Dunzo merely acts as a technology platform to facilitate transactions initiated on the Platform and Dunzo does not assume any responsibility or liability for any form of deficiency of services on part of the Delivery Partner.
iii. Upon initiation of a request for Pick Up and Drop Off Services on the Platform, depending upon the availability of Delivery Partner around Your area, Dunzo will assign a Delivery Partner to You. The Delivery Partner shall pick up the Item from a location designated by You on the Platform and drop off the Items at a particular location designated by You. While performing the Pick Up and Drop off Services, the Delivery Partner shall act as an agent of You and shall act in accordance with Your instructions. You agree and acknowledge that the pick-up location and the drop off location has been added by You voluntarily and such information will be used for the Dunzo Services and shall be handled by Dunzo in accordance with the terms of its Privacy Policy.
a. The Dunzo Services are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Dunzo 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 Dunzo Services under the applicable laws.
b. Dunzo 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.
c. 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.
a. In order to use the Platform and avail the Dunzo 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 application and then proceed with registration.
b. 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 Dunzo of any unauthorized use of Your Account information or any other breach of security, and (ii) [ensure that You exit from Your Account at the end of each session.] Dunzo 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 Dunzo 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.
a. Subject to compliance with the Terms of Use, Dunzo grants You a non-exclusive, limited privilege to access and use this Platform and the Dunzo Services.
b. You agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. You agree not to engage in activities that may adversely affect the use of the Platform by Dunzo or Delivery Partner(s) or Merchants or other Users.
c. 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 Dunzo Services.
d. You represent and warrant that You are legally authorised to view and access the Platform and avail the Dunzo Services.
e. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Dunzo. 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 Dunzo Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
f. 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. Dunzo disclaims all liabilities arising in relation to such offensive content on the Platform.
g. Further, You undertake not to:
h. You agree and acknowledge that the use of the Dunzo Services offered by Dunzo is at Your sole risk and that Dunzo disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
i. Without prejudice to the above, Dunzo makes no representation or warranty that the Dunzo Services will meet Your requirements.
j. All materials/content on our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, "Material") are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Dunzo. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Dunzo’s prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Dunzo hereby grants You a non-exclusive, freely revocable (upon notice from Dunzo), non-transferable access to view the Material on the Platform.
a. 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 Dunzo ("Dunzo Property") and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Dunzo Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. You are not permitted to use Dunzo Property without the prior written consent of Dunzo.
b. The trademarks, logos and service marks displayed on the Platform ("Marks") are the property of Dunzo, 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 Dunzo or such third party as may be applicable.
You expressly understand and agree that, to the maximum extent permitted by applicable law:
a. The Platform and Dunzo Property, Dunzo Services are provided by Dunzo 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, Dunzo makes no warranty that (i) the Platform, Dunzo Services will meet Your requirements or Your use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet Your expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by You from Dunzo shall create any warranty not expressly stated in the Terms of Use.
b. Dunzo will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Dunzo also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
c. Dunzo will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with the Platform either with or without Your knowledge.
d. Dunzo shall not be responsible for the delay or inability to use the Platform, Dunzo Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Dunzo shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Dunzo's control. You understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at Your own discretion and risk, and that You will be solely responsible for any damage to Your computer systems or loss of data that results from the download of such material or data.
a. You agree to indemnify, defend and hold harmless Dunzo and its affiliates including but not limited to its officers, directors, consultants, agents and employees ("Indemnitees") from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, Dunzo Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
b. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Dunzo Property on the Platform.
c. You indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or Dunzo Services.
d. Subject to applicable laws, in no event will Dunzo or its employees aggregate liability, arising from or related to the Dunzo Services or the use of the Platform shall not exceed INR 100 for any and all causes of actions brought by You or on behalf of You.
e. The Platform and the Dunzo Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Dunzo shall not be liable for the same, whatsoever.
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the Company/Client, as the case may be, for which monetary damages would be inadequate, and You consent to the Company/Client obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company/Client may have at law or in equity. If Company/Client takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
a. We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of this Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
a. The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Dunzo shall not be responsible for examining or evaluating such third party websites, and Dunzo does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. Dunzo does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third party websites. If You decide to access any such linked third party website, You do so at Your own risk.
a. The Terms of Use will continue to apply until terminated by either You or Dunzo as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Dunzo Services, Your only recourse is to (i) close Your Account on the Platform by writing to Us at accountdelete@dunzo.in; and/or (ii) stop accessing the Platform. Dunzo will make Your account dormant upon receipt of request in writing. Dunzo may, in its sole discretion, bar your use of the Dunzo Services at any time, for any or no reason. Even after your account with Dunzo is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of this Terms of Use.
b. The Company may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
c. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Dunzo chooses to terminate them.
d. You hereby agree and acknowledge, upon termination, Dunzo shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
This Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.
