Terms & Conditions
This document is an electronic record in terms of Information Technology Act, 2000 including allits amendments and rules made thereunder as applicable and the amendedprovisions pertaining to electronic records in various statutes as amended bythe Information Technology Act, 2000. This electronic record is generated by acomputer system and does not require any physical or digital signatures.
This E-CommerceServices Agreement (hereinafter referred to as “Agreement”) is made on the dayof your acceptance of this Agreement from any electronic mail address or in anyother form of electronic record including, if applicable or provided, clickingon the check box or “I Agree” / “Accept” button or by any other means whichconstrue your acceptance of this Agreement (“Execution Date”) by and betweenYou, the details of which are given by you on the website on which thisAgreement appears, a natural or juristic person competent to enter into validand legally binding contract under applicable Indian laws inter alia, a personof legally sound mind, not adjudicated bankrupt and equal to or more than 18years of age on the Execution Date And
MANSHARcart, acompany/firm engaged as a service provider by enabling the customers,manufacturers and vendors to trade through the e commerce platform
TERMS AND CONDITIONS
These terms of use (hereinafterreferred to as " Terms of Use") govern your use of our website MANSHARcart (hereinafterreferred to as the " Website") and our " MANSHARcart "application for mobile and handheld devices (More particularly describedhereinafter as the " App").
The Website and the App are jointlyreferred to as the " Platform". Please read these Terms of Usecarefully before you start and use the services.
If you do not agree to these Terms of Use, youmay not use the services on the Platform, and we request you to uninstall theApp.
By entering in to App and websiteitself, you are agreeing to enter in to a contract and agreeing to obey theterms and conditions enlisted herein.
By installing, downloading or even merelyusing the Platform, you are contracting with MANSHARcart and you are signifying andacknowledging your acceptance and assents to the Terms of Use and other MANSHARcart policies(including but not limited to the Cancellation & Refund Policy, PrivacyPolicy and Take Down Policy) as mentioned on the Platform from time to time.
This agreement shall takes effect onthe date on which you enter, download, install or use the Services of the Appor the website and you are adhered to a legally binding arrangement to abide bythe same.
MANSHARcart enables transactions betweenparticipant restaurants/merchants and buyers, dealing in prepared food andbeverages (" Platform Services").
The buyers (" Buyer/s") canchoose and place orders (" Orders") from variety of products listedand offered for sale by various neighborhood merchants including but notlimited to the restaurants and eateries (" Merchant/ s"), on thePlatform and MANSHARcartenables delivery of such orders at select localities ofserviceable cities across India (" Delivery Services").
MANSHARcart will only act as a service providerand will not responsible for the quality, quantity etc of the productstransacted through the platform.
MANSHARcart willbe acting as a e commerce platform connecting the buyers and themanufactures/merchants
The Platform Services and DeliveryServices are collectively referred to as " Services".
AMENDMENTS
These Terms of Use are subject tomodifications at any time. We reserve the right to modify or change these Termsof Use and other MANSHARcartpolicies at any time by posting changes on the Platform, andyou shall be liable to update yourself of such changes, if any, by accessingthe changes on the Platform with effect from the date of amendment by the MANSHARcart.
You shall, at all times, be responsible forregularly reviewing the Terms of Use and the other MANSHARcart policiesand note the changes made on the Platform. Your continued usage of the servicesafter any change is posted constitutes your acceptance of the amended Terms ofUse and other MANSHARcartpolicies.
As long as you comply with these Terms of Use,MANSHARcart grantsyou a personal, non-exclusive, non-transferable, limited privilege to access,enter, and use the Platform. By accepting these Terms of Use, you also acceptand agree to be bound by the other terms and conditions and MANSHARcart policies(including but not limited to Cancellation & Refund Policy, Privacy Policyand Notice and Take Down Policy) as may be posted on the Platform from time totime. Use of Platform and Services All commercial/contractual terms are offeredby and agreed to between Buyers and Merchants alone.
The commercial/contractual termsinclude without limitation price, taxes, shipping costs, payment methods,payment terms, date, period and mode of delivery, warranties related toproducts and services and after sales services related to products andservices. MANSHARcart doesnot have any control or does not determine or advise or in any way involveitself in the offering or acceptance of such commercial/contractual termsbetween the Buyers and Merchants.
MANSHARcart may, however, offer support servicesto Merchants in respect to order fulfilment, payment collection, call centre,and other services, pursuant to independent contracts executed by it with theMerchants. MANSHARcart doesnot make any representation or warranty as to the item-specifics (such as legaltitle, creditworthiness, identity, etc.) of any of the Merchants.
It is your responsibility to verifythe bonafides and correctness of the offers and products of the merchants. You are advised to independently verify thebona fides of any particular Merchant that you choose to deal with on thePlatform and use your best judgment in that behalf.
All Merchant offers and third partyoffers are subject to respective party terms and conditions. MANSHARcart takes noresponsibility for such offers. MANSHARcartneither make any representation or warranty as to specifics(such as quality, value, salability, etc.) of the products or services proposedto be sold or offered to be sold or purchased on the Platform nor doesimplicitly or explicitly support or endorse the sale or purchase of anyproducts or services on the Platform. MANSHARcartaccepts no liability for any errors or omissions, whether onbehalf of itself or third parties. MANSHARcartis not responsible for any non-performance or breach of anycontract entered into between Buyers and Merchants on the Platform. It is to benoted that all the orders placed by you for the purchase of the products shallbe a separate contract with you and the particular merchant.
MANSHARcart cannot and does not at any point of timeguarantee that the concerned Buyers and/or Merchants will perform anytransaction concluded on the Platform. MANSHARcartis not responsible for unsatisfactory or non-performance ofservices or damages or delays as a result of products which are out of stock,unavailable or back ordered. MANSHARcartis operating an online marketplace and assumes the role offacilitator, and does not at any point of time during any transaction betweenBuyer and Merchant on the Platform come into or take possession of any of theproducts or services offered by Merchant.
At no time shall MANSHARcart hold anyright, title or interest over the products nor shall MANSHARcart have anyobligations or liabilities in respect of such contract entered into betweenBuyer and Merchant.
MANSHARcartis only providing a platform for communication and it is agreedthat the contract for sale of any of the products or services shall be astrictly bipartite contract between the Merchant and the Buyer. MANSHARcart willnot be a party to such contract.
In case of complaints from the Buyerpertaining to food efficacy, quality, or any other such issues, MANSHARcart shallnotify the same to Merchant and shall also redirect the Buyer to the consumercall center of the Merchant. The Merchant shall be liable for redressing Buyercomplaints. I
n the event you raise any complainton any Merchant accessed using our Platform, we shall assist you to the best ofour abilities by providing relevant information to you,such as details of theMerchant and the specific Order to which the complaint relates, to enablesatisfactory resolution of the complaint.
Please note that there could be risksin dealing with underage persons or people acting under false pretence. The MANSHARcart willnot be responsible for any such risks.
MANSHARcart - Use of the Website and Apps(Android and iOS) You agree, undertake and confirm that your use of Platformshall be strictly governed by the following binding principles: You shall nothost, display, upload, download, modify, publish, transmit, update or share anyinformation which: belongs to another person and which you do not have anyright to; is grossly harmful, harassing, blasphemous, defamatory, obscene,pornographic, paedophilic, libellous, slanderous, criminally inciting orinvasive of another's privacy, hateful, or racially, ethnically objectionable,disparaging, relating or encouraging money laundering or gambling, or otherwiseunlawful in any manner whatsoever; or unlawfully threatening or unlawfullyharassing including but not limited to "indecent representation ofwomen" within the meaning of the Indecent Representation of Women(Prohibition) Act, 1986; is misleading or misrepresentative in any way; ispatently offensive to the online community, such as sexually explicit content,or content that promotes obscenity, paedophilia, racism, bigotry, hatred orphysical harm of any kind against any group or individual; harasses oradvocates harassment of another person; involves the transmission of "junkmail", "chain letters", or unsolicited mass mailing or"spamming"; promotes illegal activities or conduct that is abusive,threatening, obscene, defamatory or libellous; infringes upon or violates anythird party's rights [including, but not limited to, intellectual propertyrights, rights of privacy (including without limitation unauthorized disclosureof a person's name, email address, physical address or phone number) or rightsof publicity]; promotes an illegal or unauthorized copy of another person'scopyrighted work (see "copyright complaint" below for instructions onhow to lodge a complaint about uploaded copyrighted material), such asproviding pirated computer programs or links to them, providing information tocircumvent manufacture-installed copy-protect devices, or providing piratedmusic or links to pirated music files; contains restricted or password-onlyaccess pages, or hidden pages or images (those not linked to or from anotheraccessible page); provides material that exploits people in a sexual, violent orotherwise inappropriate manner or solicits personal information from anyone;provides instructional information about illegal activities such as making orbuying illegal weapons, violating someone's privacy, or providing or creatingcomputer viruses; contains video, photographs, or images of another person(with a minor or an adult); tries to gain unauthorized access or exceeds thescope of authorized access to the Platform or to profiles, blogs, communities,account information, bulletins, friend request, or other areas of the Platformor solicits passwords or personal identifying information for commercial orunlawful purposes from other users; engages in commercial activities and/orsales without our prior written consent such as contests, sweepstakes, barter,advertising and pyramid schemes, or the buying or selling of products relatedto the Platform.
Throughout these Terms of Use, MANSHARcart 's priorwritten consent means a communication coming from MANSHARcart 's LegalDepartment, specifically in response to your request, and expressly addressingand allowing the activity or conduct for which you seek authorization; solicitsgambling or engages in any gambling activity which is or could be construed asbeing illegal; interferes with another user's use and enjoyment of the Platformor any third party's user and enjoyment of similar services; refers to anywebsite or URL that, in our sole discretion, contains material that isinappropriate for the Platform or any other website, contains content that wouldbe prohibited or violates the letter or spirit of these Terms of Use; harmminors in any way; infringes any patent, trademark, copyright or otherintellectual property rights or third party's trade secrets or rights ofpublicity or privacy or shall not be fraudulent or involve the sale ofcounterfeit or stolen products; violates any law for the time being in force;deceives or misleads the addressee/users about the origin of such messages orcommunicates any information which is grossly offensive or menacing in nature;impersonate another person; contains software viruses or any other computercode, files or programs designed to interrupt, destroy or limit thefunctionality of any computer resource; or contains any trojan horses, worms,time bombs, cancelbots, easter eggs or other computer programming routines thatmay damage, detrimentally interfere with, diminish value of, surreptitiouslyintercept or expropriate any system, data or personal information; threatensthe unity, integrity, defence, security or sovereignty of India, friendlyrelations with foreign states, or public order or causes incitement to thecommission of any criminal offence or prevents investigation of any offence oris insulting any other nation; is false, inaccurate or misleading; directly orindirectly, offers, attempts to offer, trades or attempts to trade in any item,the dealing of which is prohibited or restricted in any manner under theprovisions of any applicable law, rule, regulation or guideline for the timebeing in force; or creates liability for us or causes us to lose (in whole orin part) the services of our internet service provider or other suppliers. Youshall not use any "deep-link", "page-scrape","robot", "spider" or other automatic device, program,algorithm or methodology, or any similar or equivalent manual process, toaccess, acquire, copy or monitor any portion of the Platform or any Content, orin any way reproduce or circumvent the navigational structure or presentationof the Platform or any Content, to obtain or attempt to obtain any materials,documents or information through any means not purposely made available throughthe Platform. We reserve our right to prohibit any such activity. You shall notattempt to gain unauthorized access to any portion or feature of the Platform,or any other systems or networks connected to the Platform or to any server,computer, network, or to any of the services offered on or through thePlatform, by hacking, "password mining" or any other illegitimatemeans. You shall not probe, scan or test the vulnerability of the Platform orany network connected to the Platform nor breach the security or authenticationmeasures on the Platform or any network connected to the Platform. You may notreverse look-up, trace or seek to trace any information on any other user of orvisitor to Platform, or any other Buyer, including any account on the Platformnot owned by you, to its source, or exploit the Platform or any service orinformation made available or offered by or through the Platform, in any waywhere the purpose is to reveal any information, including but not limited topersonal identification or information, other than your own information, asprovided for by the Platform. You shall not make any negative, denigrating ordefamatory statement(s) or comment(s) about us or the brand name or domain nameused by us including the name 'MANSHARcart ', or otherwise engage in any conduct or actionthat might tarnish the image or reputation, of MANSHARcart or Merchant on platform orotherwise tarnish or dilute any MANSHARcart's trade or service marks, trade name and/or goodwillassociated with such trade or service marks, as may be owned or used by us. Youagree that you will not take any action that imposes an unreasonable ordisproportionately large load on the infrastructure of the Platform or MANSHARcart 'ssystems or networks, or any systems or networks connected to MANSHARcart . Youagree not to use any device, software or routine to interfere or attempt tointerfere with the proper working of the Platform or any transaction beingconducted on the Platform, or with any other person's use of the Platform. Youmay not forge headers or otherwise manipulate identifiers in order to disguisethe origin of any message or transmittal you send to us on or through thePlatform or any service offered on or through the Platform. You may not pretendthat you are, or that you represent, someone else, or impersonate any otherindividual or entity. You may not use the Platform or any content on the Platformfor any purpose that is unlawful or prohibited by these Terms of Use, or tosolicit the performance of any illegal activity or other activity thatinfringes the rights of MANSHARcartand/or others. You shall at all times ensure full compliancewith the applicable provisions, as amended from time to time, of (a) theInformation Technology Act, 2000 and the rules thereunder; (b) all applicabledomestic laws, rules and regulations (including the provisions of anyapplicable exchange control laws or regulations in force); and (c)international laws, foreign exchange laws, statutes, ordinances and regulations(including, but not limited to sales tax/VAT, income tax, octroi, service tax,central excise, custom duty, local levies) regarding your use of our serviceand your listing, purchase, solicitation of offers to purchase, and sale ofproducts or services.
You shall act only in accordance withthe law of the land and the public policy of the land. In case of anyviolations of any Law or public policy, you will be solely liable for the same.
You shall not engage in anytransaction in an item or service, which is prohibited by the provisions of anyapplicable law including exchange control laws or regulations for the timebeing in force. In order to allow us to use the information supplied by you,without violating your rights or any laws, you agree to grant us anon-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable(through multiple tiers) right to exercise the copyright, publicity, databaserights or any other rights you have in your Information, in any media now knownor not currently known, with respect to your Information. We will only use yourinformation in accordance with these Terms of Use and Privacy Policy applicableto use of the Platform. From time to time, you shall be responsible forproviding information relating to the products or services proposed to be soldby you. In this connection, you undertake that all such information shall beaccurate in all respects. You shall not exaggerate or overemphasize theattributes of such products or services so as to mislead other users in anymanner. You shall not engage in advertising to, or solicitation of, other usersof the Platform to buy or sell any products or services, including, but notlimited to, products or services related to that being displayed on thePlatform or related to us. You may not transmit any chain letters orunsolicited commercial or junk email to other users via the Platform. It shallbe a violation of these Terms of Use to use any information obtained from thePlatform in order to harass, abuse, or harm another person, or in order tocontact, advertise to, solicit, or sell to another person other than us withoutour prior explicit consent. In order to protect our users from such advertisingor solicitation, we reserve the right to restrict the number of messages oremails which a user may send to other users in any 24-hour period which we deemappropriate in its sole discretion. You understand that we have the right atall times to disclose any information (including the identity of the personsproviding information or materials on the Platform) as necessary to satisfy anylaw, regulation or valid governmental request. This may include, withoutlimitation, disclosure of the information in connection with investigation ofalleged illegal activity or solicitation of illegal activity or in response toa lawful court order or subpoena. In addition, We can (and you hereby expresslyauthorize us to) disclose any information about you to law enforcement or othergovernment officials, as we, in our sole discretion, believe necessary orappropriate in connection with the investigation and/or resolution of possiblecrimes, especially those that may involve personal injury. We reserve theright, but has no obligation, to monitor the materials posted on the Platform.
MANSHARcartshall have the right to remove or edit any content that in itssole discretion violates, or is alleged to violate, any applicable law oreither the spirit or letter of these Terms of Use. Notwithstanding this right,YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THEPLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Contentposted does not necessarily reflect MANSHARcartviews. In no event shall MANSHARcartassume or have any responsibility or liability for any Contentposted or for any claims, damages or losses resulting from use of Contentand/or appearance of Content on the Platform or in any connected forums. Youhereby represent and warrant that you have all necessary rights in and to allContent which you provide and all information it contains and that such Contentshall not infringe any proprietary or other rights of third parties or containany libellous, tortious, or otherwise unlawful information.
Your correspondence or businessdealings with, or participation in promotions of, advertisers found on orthrough the Platform, including payment and delivery of related products orservices, and any other terms, conditions, warranties or representationsassociated with such dealings, are solely between you and such advertiser. Weshall not be responsible or liable for any loss or damage of any sort incurredas the result of any such dealings or as the result of the presence of suchadvertisers on the Platform. It is possible that other users (includingunauthorized users or 'hackers') may post or transmit offensive or obscenematerials on the Platform and that you may be involuntarily exposed to such offensiveand obscene materials. It also is possible for others to obtain personalinformation about you due to your use of the Platform, and that the recipientmay use such information to harass or injure you. We do not approve of suchunauthorized uses, but by using the Platform You acknowledge and agree that weare not responsible for the use of any personal information that you publiclydisclose or share with others on the Platform. Please carefully select the typeof information that you publicly disclose or share with others on the Platform.
MANSHARcart shall have all the rights to takenecessary action and claim damages that may occur due to yourinvolvement/participation in any way on your own or through group/s of people,intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking,pen testing attempts without our prior consent or a mutual legal agreement.Account Registration or use of the Platform You may access the Platform byregistering to create an account (" MANSHARcartAccount") and become a member (" Membership");or (c) you can also register to join by logging into your account with certainthird party social networking sites (" SNS") (including, but notlimited to, Facebook); each such account, a " Third Party Account",via our Platform, as described below. The Membership is limited for the purposeand are subject to the terms, and strictly not transferable. As part of thefunctionality of the Platform services, you may link your MANSHARcart Accountwith Third Party Accounts, by either: providing your Third Party Account logininformation to us through the Platform; or allowing us to access your ThirdParty Account, as is permitted under the applicable terms and conditions thatgovern your use of each Third Party Account. You represent that you areentitled to disclose your Third Party Account login information to us and/orgrant us access to your Third Party Account (including, but not limited to, foruse for the purposes described herein), without breach by you of any of theterms and conditions that govern your use of the applicable Third Party Accountand without obligating us to pay any fees or making us subject to any usagelimitations imposed by such third party service providers. By granting usaccess to any Third Party Accounts, you understand that we will access, makeavailable and store (if applicable) any content or information that you haveprovided to and stored in your Third Party Account (" SNS Content")so that it is available on and through the Platform via your MANSHARcart Account.Unless otherwise specified in these Terms of Use, all SNS Content, if any, willbe considered to be your content for all purposes of these Terms of Use.Depending on the Third Party Accounts, you choose, and subject to the privacysettings that you have set in such Third Party Accounts, personallyidentifiable information that you post to your Third Party Accounts will beavailable on and through your MANSHARcartAccount on the Platform.
Please note that if a Third PartyAccount or associated service becomes unavailable or our access to such ThirdParty Account is terminated by the third party service provider, then SNSContent will no longer be available on and through the Platform. We will createyour MANSHARcart Accountfor your use of the Platform services based upon the personal information youprovide to us or that we obtain via an SNS, as described above. You may onlyhave one MANSHARcart Accountand not permitted to create multiple accounts. If found, you having multipleaccounts, MANSHARcart reservesright to suspend such multiple account without being liable for anycompensation. You agree to provide accurate, current and complete informationduring the registration process and to update such information to keep itaccurate, current and complete. We reserve the right to suspend or terminateyour MANSHARcart Accountand your access to the Services (i) if any information provided during theregistration process or thereafter proves to be inaccurate, not current orincomplete; (ii) if it is believed that your actions may cause legal liabilityfor you, other users or us; and/or (iii) if you are found to be non- compliantwith the Terms of Use. You are responsible for safeguarding your password. Youagree that you will not disclose your password to any third party and that youwill take sole responsibility for any activities or actions under your MANSHARcart Account,whether or not you have authorized such activities or actions. You willimmediately notify us of any unauthorized use of your MANSHARcart Account.Goods and services purchased from the Platform are intended for your personaluse and you represent that the same are not for resale or you are not acting asan agent for other parties. Bookings and Financial Terms The Platform allowsyou to place food order bookings and we will, subject to the terms andconditions set out herein, enable delivery of such order to you. MANSHARcart do notown, sell, resell on its own and/or do not control the Merchants or the relatedservices provided in connection thereof. You understand that any order that youplace shall be subject to the terms and conditions set out in these Terms ofUse including, but not limited to, product availability and delivery locationserviceability. As a general rule, all food orders placed on the Platform are treatedas confirmed. However, upon your successful completion of booking an order, wemay call you on the telephone or mobile number provided to confirm the detailsof the order, the price to be paid and the estimated delivery time. For thispurpose, you will be required to share certain information with us, includingbut not limited to (i) your first and last name (ii) mobile number; and (iii)email address. It shall be your sole responsibility to bring any incorrectdetails to our attention. In addition to the foregoing, we may also contact youby phone and / or email to inform and confirm any change in the order, due toavailability or unavailability or change in price of the order as informed bythe Merchant. Please note change or confirmation of the order shall be treatedas final. It is clarified that MANSHARcartreserves the right to not to process your order in the eventyou are unavailable on the phone at the time we call you for confirming theorder and such event the provisions of the cancellation and refund policy belowshall be applicable. All payments made against the purchases/services on thePlatform by you shall be compulsorily in Indian Rupees acceptable in theRepublic of India. The Platform will not facilitate transactions with respectto 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 RBIapproved payment method at the time of booking an order; or (iii) credit ordebit card or cash at the time of delivery. You understand, accept and agreethat the payment facility provided by MANSHARcartis neither a banking nor financial service but is merely afacilitator providing an electronic, automated online electronic payment,receiving payment on delivery, collection and remittance facility for thetransactions on the Platform using the existing authorized bankinginfrastructure and credit card payment gateway networks. Further, by providingpayment facility, MANSHARcartis neither acting as trustees nor acting in a fiduciarycapacity with respect to the transaction or the transaction price. Youacknowledge and agree that we act as the Merchant's payment agent for thelimited purpose of accepting payments from you on behalf of the Merchant. Uponyour payment of amounts to us, which are due to the Merchant, your paymentobligation to the Merchant for such amounts is completed, and we areresponsible for remitting such amounts, to the Merchant. You shall not, underany circumstances whatsoever, make any payment directly to the Merchant forOrder bookings made using the Platform. You agree to pay us for the totalamount for the order placed by you on the Platform. We will collect the totalamount in accordance with the terms and conditions of these Terms of Use andthe pricing terms set forth in the applicable menu listing for the particularMerchant. Please note that we cannot control any amount that may be charged toyou by your bank related to our collection of the total amount, and we disclaimall liability in this regard. In connection with your order, you will be askedto provide customary billing information such as name, billing address andcredit card information either to us or our third party payment processor. Youagree to pay us for the order placed by you on the Platform, in accordance withthese Terms, using of the methods described under clause VII (6) above. Youhereby authorize the collection of such amounts by charging the credit cardprovided as part of requesting the booking, either directly by us orindirectly, via a third party online payment processor or by one of the paymentmethods described on the Platform.
If you are directed to our third-party paymentprocessor, you may be subject to terms and conditions governing use of that thirdparty's service and that third party's personal information collectionpractices. Please review such terms and conditions and privacy policy beforeusing the Platform services. MANSHARcart will not at any time will be responsible forsuch terms and conditions.
Once your confirmed bookingtransaction is complete you will receive a confirmation email summarizing yourconfirmed booking. The final tax bill will be issued by the Merchant to theBuyer along with the order and MANSHARcartis merely collecting the payment on behalf of such Merchant.All applicable taxes and levies, the rates thereof and the manner ofapplicability of such taxes on the bill are being charged and determined by theMerchant. MANSHARcart holdsno responsibility for the legal correctness/validity of the levy of such taxes.
The sole responsibility for any legalissue arising on the taxes shall reside with the Merchant. The MANSHARcart have noresponsibility over any such issues either relating to the transaction or in relationto any such matter.
The prices reflected on the Platformare determined solely by the Merchant and are listed based on Merchant'sinformation. Very rarely, prices may change at the time of placing order due toMerchant changing the menu price without due intimation and such change ofprice are at the sole discretion of the Merchant attributing to various factorsbeyond control. Disclaimer: Prices on any product(s) as is reflected on thePlatform may due to some technical issue, typographical error or product informationsupplied by Merchant be incorrectly reflected and in such an event Merchant maycancel such your order(s).
The Merchant shall be solely responsible forany warrantee/guarantee of the food products sold to the Buyers and in no eventshall be the responsibility of MANSHARcart.The transaction is bilateral between the Merchant and Buyer and therefore, MANSHARcart is notliable to charge or deposit any taxes applicable on such transaction.Cancellations and Refunds Cancellation As a general rule you shall not beentitled to cancel your order once you have received confirmation of the same.If you cancel your order after it has been confirmed, MANSHARcart shallhave a right to charge you cancellation fee of a minimum INR 75 upto the ordervalue, with a right to either not to refund the order value or recover fromyour subsequent order, the complete/ deficit cancellation fee, as applicable,to compensate our restaurant and delivery partners. MANSHARcart shallalso have right to charge you cancellation fee for the orders cancelled by MANSHARcart for thereasons specified under clause 1(iii) of this cancellation and refunds policy.In case of cancellations for the reasons attributable to MANSHARcart or itsrestaurant and delivery partners, MANSHARcartshall not charge you any cancellation fee. However, in theunlikely event of an item on your order being unavailable, we will contact youon the phone number provided to us at the time of placing the order and informyou of such unavailability. In such an event you will be entitled to cancel theentire order and shall be entitled to a refund in accordance with our refund policy.
We reserve the sole right to cancelyour order in the following circumstance: in the event of the designatedaddress falls outside the delivery zone offered by us; failure to contact youby phone or email at the time of confirming the order booking; failure todeliver your order due to lack of information, direction or authorization fromyou at the time of delivery; or unavailability of all the items ordered by youat the time of booking the order; or unavailability of all the items ordered byyou at the time of booking the order; or Refunds You shall be entitled to arefund only if you pre-pay for your order at the time of placing your order onthe Platform and only in the event of any of the following circumstances: yourorder packaging has been tampered or damaged at the time of delivery; uscancelling your order due to (A) your delivery location following outside ourdesignated delivery zones; (B) failure to contact you by phone or email at thetime of confirming the order booking; or (C) failure to contact you by phone oremail at the time of confirming the order booking; or you cancelling the orderat the time of confirmation due to unavailability of the items you ordered forat the time of booking. Our decision on refunds shall be at our sole discretionand shall be final and binding.
All refund amounts shall be creditedto your account within 3-4 business days in accordance with the terms that maybe stipulated by the bank which has issued the credit / debit card. In case ofpayment at the time of delivery, you will not be required to pay for: orderswhere the packaging has been tampered or damaged by us; wrong order beingdelivered; or items missing from your order at the time of delivery. Terms ofservice You agree and acknowledge that we shall not be responsible for: Theservices or goods provided by the Merchant including, but not limited, servingof food orders suiting your requirements and needs; The Merchant's services orgoods not being up to your expectations or leading to any loss, harm or damageto you; The availability or unavailability of certain items on the menu; or TheMerchant serving the incorrect orders. The details of the menu and price listavailable on the Platform are based on the information provided by theMerchants and we shall not be responsible for any change or cancellation orunavailability. You may not be able to avail our Services if your deliverylocation is outside our current scope of Service. We will keep you informed ofthe same at the time of confirming your order booking. You understand thatdelivery periods quoted to you at the time of confirming the order is anapproximate estimate and may vary. We will not be responsible for any delay inthe delivery of your order. You order will be only delivered to the addressdesignated by you at the time of placing the order on the Platform. We reservethe right to cancel the order, in our sole discretion, in the event of anychange to the place of delivery and you shall not be entitled to any refund forthe same. Delivery in the event of change of the delivery location shall be atour sole discretion. You shall undertake to provide adequate directions,information and authorisations to accept delivery. In the event of any failureto accept delivery, failure to deliver within the estimated time due to yourfailure to provide appropriate instructions, or authorizations, then such goodsshall be deemed to have been delivered to you and all risk and responsibilityin relation to such goods shall pass to you and you shall not be entitled toany refund for the same.
Our decision in relation to thisshall be final and binding. You understand that our liability ends once yourorder has been delivered to you. Services provided: You confirm that we shallnot be responsible for any deficiency in payment of consideration payabletowards the goods purchased from the Services. Each purchase on the Serviceshall contain necessary instructions to redeem the Services. The terms of theServices shall be governed by these Terms of Use and any other terms as set outin such document confirm such sale of Service. You shall not be entitled toreceive any credit, refund or cash back for the value of the goods sold if youfail to redeem the goods within the expiry date or in accordance with the termstherein. You agree and acknowledge that neither us nor the Merchant shall beliable in the event of you failing to adhere to the Terms of Use. You might berequired to provide your credit or debit card details to the approved paymentgateways while making the payment. In this regard, you agree to provide correctand accurate credit/ debit card details to the approved payment gateways foravailing the Services. You shall not use the credit/ debit card which is notlawfully owned by you, i.e. in any transaction, you must use your own credit/debit card. The information provided by you will not be utilized or shared withany third party unless required in relation to fraud verifications or by law,regulation or court order. You will be solely responsible for the security andconfidentiality of your credit/ debit card details. We expressly disclaim allliabilities that may arise as a consequence of any unauthorized use of yourcredit/ debit card. We do not offer any refunds against goods already purchasedfrom the Platform unless an error that is directly attributable to us hasoccurred during the purchase of such product or services. We constantly striveto provide you with accurate information on the Platform. However, in the eventof an error, we may, in our sole discretion, contact you with furtherinstructions. If you use the Platform, you do the same at your own risk. Youagree that the Services shall be provided by us only during the working hoursof the relevant Merchants.
No Endorsement We do not endorse anyMerchant. In addition, although these Terms of Use require you to provideaccurate information, we do not attempt to confirm, and do not confirm if it ispurported identity.
We will not be responsible for anydamage, loss or harm resulting from your interactions with other Members. Byusing the Services, you agree that any legal remedy or liability that you seekto obtain for actions or omissions of other Members or other third parties willbe limited to a claim against the particular Members or other third parties whocaused you harm and you agree not to attempt to impose liability on, or seekany legal remedy from us with respect to such actions or omissions. Generalterms of use Persons who are "incompetent to contract" within themeaning of the Indian Contract Act, 1872 including minors, un-dischargedinsolvents etc. are not eligible to use the Platform. Only individuals who are18 years of age or older may use the Platform and avail Services.
If you are under 18 years of age andyou wish to download, install, access or use the Platform, your parents orlegal guardian must acknowledge and agree to the Terms of Use and PrivacyPolicy. Once a person enters in to the platform, there is a presumption that heis an eligible person having required qualification to enter in to contract. Should your parents or legal guardian fail toagree or acknowledge the Terms of Use and MANSHARcart policies, you shallimmediately discontinue its use. MANSHARcartreserves the right to terminate your Membership and / or denyaccess to the platform if it is brought MANSHARcartnotice that you are under the age of 18 years. If you choose touse the Platform, it shall be your responsibility to treat your useridentification code, password and any other piece of information that we mayprovide, as part of our security procedures, as confidential and not disclosethe same to any person or entity other than us. We shall at times and at oursole discretion reserve the right to disable any user identification code orpassword if you have failed to comply with any of the provisions of these Termsof Use. As we are providing services in the select cities in India, we havecomplied with applicable laws of India in making the Platform and its contentavailable to you. In the event the Platform is accessed from outside India oroutside our delivery zones, it shall be entirely at your risk. We make norepresentation that the Platform and its contents are available or otherwisesuitable for use outside select cities. If you choose to access or use thePlatform from or in locations outside select cities, you do so on your own andshall be responsible for the consequences and ensuring compliance of applicablelaws, regulations, byelaws, licenses, registrations, permits, authorisations,rules and guidelines. You shall at all times be responsible for the use of theServices through your computer or mobile device and for bringing these Terms ofUse and MANSHARcart policiesto the attention of all such persons accessing the Platform on your computer ormobile device. You understand and agree that the use of the Services does notinclude the provision of a computer or mobile device or other necessaryequipment to access it. You also understand and acknowledge that the use of thePlatform requires internet connectivity and telecommunication links. You shallbear the costs incurred to access and use the Platform and avail the Services,and we shall not, under any circumstances whatsoever, be responsible or liablefor such costs. You agree and grant permission to MANSHARcart toreceive promotional SMS and e-mails from MANSHARcartor allied partners. In case you wish to opt out of receivingpromotional SMS or email please send a mail to info@mansharcart.com By usingthe Platform you represent and warrant that: All registration information yousubmit is truthful, lawful and accurate and that you agree to maintain theaccuracy of such information. Your use of the Platform shall be solely for yourpersonal use and you shall not authorize others to use your account, includingyour profile or email address and that you are solely responsible for allcontent published or displayed through your account, including any emailmessages, and your interactions with other users and you shall abide by allapplicable local, state, national and foreign laws, treaties and regulations,including those related to data privacy, international communications and thetransmission of technical or personal data. You will not submit, post, upload,distribute, or otherwise make available or transmit any content that: (a) isdefamatory, abusive, harassing, insulting, threatening, or that could be deemedto be stalking or constitute an invasion of a right of privacy of anotherperson; (b) is bigoted, hateful, or racially or otherwise offensive; (c) isviolent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) isillegal or encourages or advocates illegal activity or the discussion ofillegal activities with the intent to commit them. All necessary licenses,consents, permissions and rights are owned by you and there is no need for anypayment or permission or authorization required from any other party or entityto use, distribute or otherwise exploit in all manners permitted by these Termsof Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets,privacy and publicity rights and / or other proprietary rights contained in anycontent that you submit, post, upload, distribute or otherwise transmit or makeavailable. You will not (a) use any services provided by the Platform forcommercial purposes of any kind, or (b) advertise or sell any products,services or otherwise (whether or not for profit), or solicit others(including, without limitation, solicitations for contributions or donations)or use any public forum for commercial purposes of any kind. In the event youwant to advertise your product or service contact contact@mansharcart.co. Youwill not use the Platform in any way that is unlawful, or harms us or any otherperson or entity, as determined in our sole discretion. You will not post,submit, upload, distribute, or otherwise transmit or make available anysoftware or other computer files that contain a virus or other harmfulcomponent, or otherwise impair or damage the Platform or any connected network,or otherwise interfere with any person or entity's use or enjoyment of thePlatform. You will not use another person's username, password or other accountinformation, or another person's name, likeness, voice, image or photograph orimpersonate any person or entity or misrepresent your identity or affiliationwith any person or entity.
You will not engage in any form of antisocial,disrupting, or destructive acts, including "flaming,""spamming," "flooding," "trolling," and"griefing" as those terms are commonly understood and used on theInternet. You will not delete or modify any content of the Platform, includingbut not limited to, legal notices, disclaimers or proprietary notices such ascopyright or trademark symbols, logos, that you do not own or have expresspermission to modify. You will not post or contribute any information or datathat may be obscene, indecent, pornographic, vulgar, profane, racist, sexist,discriminatory, offensive, derogatory, harmful, harassing, threatening,embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue orpolitical or contrary to our interest. You shall not access the Platformwithout authority or use the Platform in a manner that damages, interferes ordisrupts: any part of the Platform or the Platform software; or any equipmentor any network on which the Platform is stored or any equipment of any thirdparty You release and fully indemnify MANSHARcartand/or any of its officers and representatives from any cost,damage, liability or other consequence of any of the actions of the Users ofthe Platform and specifically waive any claims that you may have in this behalfunder any applicable laws of India. Notwithstanding its reasonable efforts inthat behalf, MANSHARcartcannot take responsibility or control the information providedby other Users which is made available on the Platform. You may find otherUser's information to be offensive, harmful, inconsistent, inaccurate, ordeceptive. Please use caution and practice safe trading when using thePlatform. Access to the Platform, Accuracy and security We endeavour to makethe Platform available to during Merchant working hours. However, we do notrepresent that access to the Platform will be uninterrupted, timely, errorfree, free of viruses or other harmful components or that such defects will becorrected. We do not warrant that the Platform will be compatible with allhardware and software which you may use. We shall not be liable for damage to,or viruses or other code that may affect, any equipment (including but notlimited to your mobile device), software, data or other property as a result ofyour download, installation, access to or use of the Platform or your obtainingany material from, or as a result of using, the Platform. We shall also not beliable for the actions of third parties. We do not represent or warranty thatthe information available on the Platform will be correct, accurate orotherwise reliable. We reserve the right to suspend or withdraw access to thePlatform to you personally, or to all users temporarily or permanently at anytime without notice. We may any time at our sole discretion reinstate suspendedusers. A suspended User may not register or attempt to register with us or usethe Platform in any manner whatsoever until such time that such user isreinstated by us. Relationship with operators if the Platform is accessed onmobile devices In th&