Terms & Conditions for DEELO

• 1.1. "App" shall mean the DEELO mobile application.
• 1.2. "Delivery Partner" or "Runner" shall mean independent third-party contractors who provide delivery and logistics services, and who are registered on the Platform to receive and fulfill delivery requests from Users.
• 1.3. "Platform" shall mean the technology platform owned and operated by the Company, including the App and website, which acts as an online marketplace connecting Users with Vendors and Delivery Partners.
• 1.4. "Services" shall mean the technology-based services provided by DEELO that enable Users to place orders for products and/or services from Vendors and arrange for their delivery through Delivery Partners.
• 1.5. "User" or "You" shall mean any natural or legal person who registers for an account on the Platform or uses the Services.
• 1.6. "Vendor" shall mean third-party sellers, merchants, restaurants, or other business establishments registered on the Platform to list, offer, and sell their products and/or services to Users.

• 2.1. DEELO is a technology company that operates an online marketplace. The Platform serves as a facilitator, connecting Users with independent Vendors and Delivery Partners.
• 2.2. Intermediary Status: You expressly acknowledge and agree that DEELO is an "intermediary" as defined under Section 2(1)(w) of the Information Technology Act, 2000 and the rules thereunder. DEELO's role is limited to providing a platform for Users to connect with Third-Party Providers. DEELO does not own, sell, resell, manage, or control the products or services offered by Vendors, nor does it directly provide logistics or delivery services.
• 2.3. Bipartite Contract: The contract for the sale of products and/or provision of services is a strictly bipartite contract between the User and the Vendor. Similarly, the contract for delivery services is a bipartite contract between the User and the Delivery Partner. DEELO is not a party to these contracts and shall not have any liability, obligation, or responsibility for any aspect of the transaction, including but not limited to, the quality, quantity, safety, legality, or delivery of the products/services.
• 2.4. No Agency or Employment: It is expressly clarified that no relationship of employer-employee, principal-agent, or partnership is created between DEELO and the Vendors or Delivery Partners. They are independent third-party contractors who utilize the Platform to connect with Users. DEELO does not exercise control over the manner of their operations, their working hours, or their compliance with applicable laws.

• 3.1. The Services are available only to individuals who are at least 18 years of age and are competent to enter into a legally binding contract under the Indian Contract Act, 1872.
• 3.2. You are required to create an account to use the Platform. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
• 3.3. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify DEELO immediately of any unauthorized use of your account.

4.1. You agree to use the Platform only for lawful purposes and in compliance with all applicable laws and regulations.

4.2. In compliance with the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021, you agree not to host, display, upload, modify, publish, transmit, store, update or share any information that:

• belongs to another person and to which you do not have any right;
• is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
• is harmful to a child;
• infringes any patent, trademark, copyright or other proprietary rights;
• violates any law for the time being in force;
• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;
• impersonates another person;
• threatens the unity, integrity, defence, security or sovereignty of India, friendly relations 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 other nation;
• contains a software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;
• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

4.3. You shall not engage in any activity that interferes with or disrupts the integrity or performance of the Platform or the data contained therein.

• 5.1. All orders placed through the Platform are subject to acceptance by the respective Vendor and availability.
• 5.2. Prices for products and services listed on the Platform are determined by the Vendors and are subject to change. All prices are inclusive of applicable taxes unless stated otherwise.
• 5.3. You agree to pay for all orders placed through your account, including the cost of the products/services, delivery fees, and any applicable taxes and charges. DEELO facilitates the payment process but is not responsible for any payment disputes between the User, Vendor, and/or Delivery Partner.

• 6.1. Disclaimer of Warranties: The Platform and Services are provided on an "as is" and "as available" basis without any representation or warranties, express or implied, except as otherwise specified in writing. DEELO does not warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components.
• 6.2. Disclaimer regarding Vendors and Delivery Partners: DEELO does not make any representation or warranty as to the quality, value, saleability, safety, or legality of the products or services offered by Vendors. DEELO does not guarantee the conduct, performance, safety, or ability of Delivery Partners. Any contract for services is between you and the third-party provider, and DEELO is not a party to it.
• 6.3. Verification Disclaimer: While DEELO may, in its sole discretion, conduct a basic verification process for Vendors and Delivery Partners, it does not endorse, certify, or guarantee their identity, background, reliability, or suitability. The User is advised to exercise their own judgment and caution while interacting and transacting with them. DEELO shall not be responsible for any harm, loss, or damage arising from your interactions with such third parties.
• 6.4. Limitation of Liability: In no event shall DEELO, its directors, employees, or agents be liable for any indirect, punitive, incidental, special, or consequential damages arising out of or in any way connected with the use of the Platform, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses.
• 6.5. Maximum Liability: Notwithstanding anything to the contrary contained herein, DEELO's total cumulative liability to you under these Terms, for any and all claims and causes of action, shall not exceed the value of the specific transaction that is the subject matter of the claim, or INR 2,000 (Indian Rupees Two Thousand Only), whichever is lower.
• 6.6. Recourse for Misconduct: In the event of any misconduct, criminal activity, cheating, fraud, or negligence by a Vendor or Delivery Partner, your primary and sole recourse shall be against the said Vendor or Delivery Partner and the relevant law enforcement authorities. DEELO will, upon receiving a formal and valid request from law enforcement agencies, provide necessary information in its possession to assist in any investigation. However, DEELO shall not be impleaded as a party to any such civil or criminal proceedings.
• 6.7. Delivery to Restricted or Complex Premises: The Company's delivery personnel (hereinafter referred to as the "Runner") shall, in their sole and absolute discretion, be entitled to request the Customer to collect the delivered goods from the ground floor, main gate, reception area, or any other commonly accessible point of the delivery address. This discretion may be exercised where the internal regulations, security protocols, bye-laws of the premises, or any other physical or logistical impediments render delivery to the Customer's specific doorstep impracticable, unsafe, or unreasonably delayed. The Customer covenants to cooperate with such requests.
• 6.8. Limitation of Liability for Goods: In relation to non-perishable goods and/or goods that are eligible for return under the Company's prevailing policy, the liability of the Company shall be strictly and exclusively limited to the refund of the purchase price actually paid by the Customer for the specific goods in question. The Company shall not be liable for any indirect, special, incidental, consequential, or punitive damages.
• 6.9. Personal Care Services - Disclaimer and Customer Obligations: For services pertaining to personal care, including but not limited to nursing, personal assistance, and elderly or child care, the Company shall act solely as a facilitator connecting the Customer with third-party service providers. The Customer assumes all and complete responsibility and risk for conducting their own due diligence and verification of the credentials of any personnel deputed for Personal Care Services.

7.1. The Company is the sole owner of all intellectual property rights in the Platform, including its software, text, graphics, logos, and trademarks. You are granted a limited, non-exclusive, non-transferable license to use the App for your personal, non-commercial use.

8.1. DEELO collects, stores, processes, and uses your information in accordance with its Privacy Policy. By using the Platform, you consent to such collection and use.

9.1. In accordance with the Information Technology Act, 2000 and the rules made thereunder, the name and contact details of the Grievance Officer are provided below:

9.2. The Grievance Officer shall acknowledge the complaint within twenty-four hours and dispose of such complaint within a period of fifteen (15) days from the date of its receipt.

10.1. You agree to indemnify, defend, and hold harmless DEELO, its affiliates, officers, directors, and employees from and against any and all claims, liabilities, damages, losses, costs, and expenses, including attorney's fees, arising out of or in any way connected with your access to or use of the Platform, or your violation of these Terms.

• 11.1. DEELO reserves the right, in its sole discretion, to suspend or terminate your account and access to the Platform without prior notice for any reason, including for breach of these Terms.
• 11.2. You may terminate this agreement at any time by deleting your account and ceasing to use the Platform.

• 12.1. Governing Law: These Terms shall be governed by and construed in accordance with the laws of India.
• 12.2. Jurisdiction: Subject to the arbitration clause below, the courts at Kerala, India shall have exclusive jurisdiction over any disputes arising out of or in relation to these Terms. In matters relating to the quality and quantity of the delivered goods, its genuine nature and assurances like adulteration etc., the company would not be a party to the disputes or legal proceedings as the role of the company is limited to a facilitator.
• 12.3. Arbitration: Any dispute, controversy, or claim arising out of or relating to these Terms shall be referred to and finally resolved by arbitration administered by a sole arbitrator to be appointed by DEELO. The seat of the arbitration shall be Kerala, India. The language of the arbitration shall be English. The award of the arbitrator shall be final and binding on the parties.

• 13.1. Amendment: DEELO reserves the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on the Platform. Your continued use of the Platform after such changes constitutes your acceptance of the new Terms.
• 13.2. Force Majeure: DEELO shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond its reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.
• 13.3. Severability: If any provision of these Terms is held to be invalid or unenforceable, that provision will be struck, and the remaining provisions will be enforced to the fullest extent under law.
• 13.4. Entire Agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and DEELO concerning your use of the Platform.

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