Terms and Conditions
WELCOME TO HAPPINESS DELIVERED AND THANK YOU FOR REGISTERING WITH US! IT IS IMPORTANT THAT YOU REVIEW THIS AGREEMENT BECAUSE, BY ACCESSING THIS MOBILE APPLICATION, OR BY PLACING AN ORDER WITH US BY TELEPHONE, YOU ARE AGREEING TO THE TERMS AND CONDITIONS THAT GOVERN THE USE OF THE SITE AND THE TERMS UPON WHICH WE AGREE TO DELIVER TO YOU.
By placing an order with us by telephone, or online, you agree
to the terms of this Agreement (the “Agreement”) which shall cover the terms of
our deliveries to you and your use of our mobile application. This Agreement is
between you and Happiness Delivered (the “Company” or “Happiness Delivered”)
that states the terms and conditions under which you may use the mobile
application and receive deliveries from us. Happiness Delivered is the owner of
the Happiness Delivered Mobile Application, and the Happiness Delivered logo.
This Agreement is binding on you whether you purchase from us via the telephone
or our mobile application.
OUR DELIVERY SERVICE
When you place an order, we use all reasonable efforts to deliver the period
within a day or two. Once you place your order by telephone or through
application, we will act as bailee for the ordered products. Please note that
we reserve the right to refuse service to anyone. We reserve the right to
change the cost of deliveries and/or our delivery fees at any time.
PRICE AND AVAILABILITY
From time to time, products you order may be unavailable. If we are unable to
fulfill your entire order, we will make every reasonable effort to substitute
the closest product.
To receive delivery, you do not need to be present to
receive your order from our driver. In the case of bad weather or unforeseen
delivery complications, deliveries may be delayed. We will make every effort to
get your groceries to you.
Your order will arrive with an invoice that will list all of the
items you have received and were billed for. If something is missing from your
order, please call us at +91-7847823773 so that we can do everything reasonable
in our power to ensure your satisfaction.
In the case where you fail to pay for the products ordered, you agree to
forfeit to the Company any right, title, or interest you may have in the
products.
Product information contained on the application or in our
advertisements is offered as a convenience and should not be deemed as
accurate. Information contained on the application or in our advertisements
should not be used by you to evaluate ingredient information, nutritional
values, or potential food allergies. The Company assumes no responsibility for
such information.
Our drivers are allowed to accept tips. Customers are under no
obligation to tip drivers but have the option of doing so at their discretion.
PAYMENT
We accept credit/debit cards, UPI, Internet Banking and cash. In the
event your card is declined, we reserve the right to collect funds for any
uncollected transactions owed us should a payment made via credit card be
declined. If you fail to pay any fees or charges when due, we may charge such
amount directly to the credit card identified in your Customer Account
Information and we may suspend or terminate your access to our Service. You
shall be responsible and liable for any fees, including but not limited to
attorney’s fees and collection costs, that we may incur in our efforts to
collect any unpaid balances from you.
From time to time, we may permit you to order and receive products from
businesses that we don’t use on a regular basis. In such instances, we act only
as the link between you and such businesses. The purchase, payment, warranty,
guaranty, delivery, maintenance, and all other matters concerning the
merchandise, services, or information ordered or received from such businesses
are covered by their customer agreement and policies and solely between you and
such businesses. We make no representations or warranties of any kind, express
or implied, regarding the merchandise received from these businesses and the
fact that we make such products available should not be construed as an
endorsement of these businesses or the products they provide.
COPYRIGHT AND OWNERSHIP
All application content, design, text, graphics, and interfaces; the
collection, selection, and arrangement thereof; and all software are the property
of, Happiness Delivered. Consent is granted to view all of such things for the
sole purpose of placing an order with us. You are not authorized to save or
collect any such information. Any other use of materials on this application,
including modification, distribution, or reproduction is strictly prohibited.
You acknowledge that Happiness Delivered and/or third-party content providers
remain the owners of such material and that you do not acquire any of those
ownership rights by downloading copyrighted material. Happiness Delivered reserves
the right to revoke your use of the application.
TRADEMARKS
Happiness Delivered, Happiness Delivered logo, graphics, trademarks, and/or
trade dress of Happiness Delivered are proprietary to Happiness Delivered and
may not be used by you for any reason. All other trademarks, service marks,
product names, and company names or logos appearing on the Site are the
property of their respective owners and you do not acquire any ownership rights
in such marks, logos, or names by using this Site or our service.
YOUR PERSONAL INFORMATION
You are responsible for, and agree to pay promptly, all charges to your
account, including applicable taxes and purchases by you or anyone you allow to
use your credit card. You agree and accept responsibility for keeping all your
account information current, including name, telephone number, and e-mail
address. You can update your information anytime that you place an order. You
agree that you will not provide fraudulent information and that you are solely
responsible for any information you provide to us. You will comply with all
laws applicable to your activities on the application and with this Agreement.
ACCEPTABLE USE POLICY
You agree not to engage in unacceptable use of our service, application, or
systems. Among other things, you agree not to: (a) disseminate or transmit
unsolicited messages, chain letters, or unsolicited commercial e-mail; (b)
disseminate or transmit material that, to a reasonable person, may be abusive,
obscene, pornographic, defamatory, harassing, grossly offensive, vulgar,
threatening, or malicious; (c) disseminate or transmit files, graphics,
software, or other material that actually or potentially infringes the
copyright, trademark, patent, trade secret, or other intellectual property
rights of any person; (d) create a false identity or otherwise attempt to
mislead any person as to the identity or origin of any communication; (e)
export, re-export, or permit downloading of any message or content in violation
of any export or import law, regulation, or restriction of the United States
and its agencies and authorities, or without all required approvals, licenses,
or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized
access to other accounts; (g) disseminate or transmit viruses, Trojan horses,
or any other malicious code or program; or (h) engage in any other activity
deemed by us to be in conflict with the spirit or intent of this Agreement.
WARRANTY DISCLAIMER; LIMITATION OF LIABILITY; INDEMNIFICATION
You expressly agree that use of our service, the application, and the internet
is entirely at your own risk. Our service, the application, and its contents
are provided on an “as is”, “as available” basis. To the extent permitted by
applicable law, we disclaim all representations and warranties of any kind,
whether express or implied, including, without limitation, the warranties of
merchantability or fitness for a particular purpose, with respect to our
service, the application, or its contents or with respect to any information,
services, and products provided through or in connection with our service; we
do not adopt any representation or warranty of any manufacturer or merchant of
any such information, service, or products. We make no representations or
warranties of any kind as to the availability, accuracy, or content of any
information, services, or products obtained through the site or the service. We
do not warrant that the functions provided by the site will be uninterrupted or
error free, or that this site or the server that makes it available is free
from viruses or other harmful components.
Neither the company nor any of its owners, employees,
affiliates, agents, representatives, third-party information providers,
merchants, or licensors shall be liable for any damages of any kind, including,
without limitation, compensatory, direct, indirect, special, incidental,
consequential, or punitive damages; loss of data, income, or profit; or loss or
damage to property, arising out of or in connection with the use of our
service, or the inability to use, the site, the resort delivery service, or the
internet. The Company’s delivery liability shall be limited to providing you
with a refund for any product that is returned. Your sole and exclusive remedy
hereunder shall be for you to discontinue your use of our service and to
terminate this agreement. We reserve the right to limit your order or the
quantity of a specific product you may order. Because some states or
jurisdictions do not allow the exclusion or limitation of liability for consequential,
incidental, or special damages or of implied warranties, in such states and
jurisdictions liability is limited to the greatest extent permitted by law.
The material in the application is provided for lawful purposes only.
You agree to defend, indemnify, and hold Happiness Delivered harmless from any
and all suits, actions, legal or administrative proceedings, claims, demands,
damages, liabilities, and expenses, including attorney’s fees and costs,
arising in connection with a violation of this Agreement by you or through use
of your account.
MISCELLANEOUS
This Agreement is effective upon your acceptance as set forth herein and shall
continue in full force and effect until terminated. Happiness Delivered may
suspend or terminate this Agreement or the Happiness Delivered Service or
remove or disable access to any portion of our service at any time for any
reason with or without notice to you. If you do not agree with the terms of
this Agreement, you may terminate your acceptance by emailing us at care.hdelivered@gmail.com and
by no longer accessing our website. All Seasons Grocery reserves the right to
collect fees and charges incurred before you cancel your service. In addition,
you are responsible for any charges incurred to third-party vendors or content
providers prior to your cancellation.
NOTICES
We may give notice to you of a change in this Agreement and any other matter
through a general posting on the Happiness Delivered, or other means determined
by the Company.
ENTIRE AGREEMENT
This Agreement and the Privacy Policy referred to herein represent your entire
agreement with Happiness Delivered regarding the use of the service and the application.
You agree that this Agreement is not intended to confer and does not confer any
rights or remedies upon any person other than you Happiness Delivered. If any
portion of this Agreement is held invalid or unenforceable, that portion shall
be construed in accordance with applicable law as nearly as possible to reflect
the original intention of the parties, and the remainder of this Agreement
shall remain in full force and effect. The failure of either party to insist
upon strict performance of any provision of this Agreement shall not be
construed as a waiver of any provision or right.
FUTURE AMENDMENTS
Happiness Delivered may amend this Agreement at any time by posting
the amended terms on our application. All amended terms shall automatically be
effective at the time they are initially posted on our application. By
accessing this application after the effective date of any such amendment, you
agree to be bound by any such revisions and should therefore periodically visit
this page to determine the then current Agreement to which you are bound.
Customers who prefer to place order by telephone agree to be bound by the terms
of this Agreement, as amended from time to time. In all cases, as a condition
of making deliveries to you, you agree to review this Agreement from time to
time.
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