TERMS OF SERVICE 

This document is an electronic record in terms of Information Technology Act, 2000 (as amended from time to time) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website. Singh Software Development has created an intermediary online platform by the name Khoobiya (hereinafter referred to as the “Site”, “Website”, “Platform”) which acts as an intermediary e-commerce marketplace facilitating delivery of food and other items and auto rickshaw rides. The marketplace is a platform for domestic consumers to transact with third party sellers, who have been granted access to the Site. The Company does not provide any services to users other than providing the marketplace as a platform to transact at their own cost and risk, and other services as may be specifically notified in writing. The Company is not and cannot be a party to any transaction between you and the third party sellers or auto rickshaw driver, or have any control, involvement or influence over the products purchased by you or services received by you from such third party sellers / auto drivers. (Hereinafter together referred to as “Products and Services”). The said Products and Services are described in detail in clause 4 hereunder. By accessing and/or using the Site the user 1 acknowledges that he/she has read, understood and agrees to be legally bound by the terms and conditions set forth in this document. If you do not agree to abide by this User Agreement (the “Agreement”), you are not permitted to access or use the Site. All text, graphics, design, content, and other works are copyrighted works of Khoobiya. The Company acknowledges proprietary rights of third parties displayed on the Site. For the purpose of this Agreement the terms “we”, “us” or “our”, refer to Khoobiya or Company users interchangeably. When you use the services available on the Site, you consent to our collection, use, and disclosure of information about you as described both in this Agreement and the Privacy Policy displayed on the Site. The information contained on or linked to this Website is general information only. Nothing on this Website is or purports to be advice. You should not rely on any information on or linked to this Website. If you need advice, you should seek personal professional advice based on your own circumstances.  

ACCEPTANCE OF TERMS 

The services that we at Khoobiya provide to users are subject to the following terms and conditions: This Agreement governs the use of certain specific material contained on the Website, sets forth the terms and conditions that apply to use of the Site by User. By using the Website, the user agrees to comply with all of the terms and conditions hereof. The right to use a Website is personal to the user and is not transferable to any other person or entity. User is responsible for all use of the user's account (under any screen name or password) and for ensuring that all use of the user's account complies fully with the provisions of this Agreement. User shall be responsible for protecting the confidentiality of user’s password(s), if any We shall have the right at any time to change or discontinue any aspect or feature of Website, including, but not limited to, content, material, and third- party communication link 2 (hereinafter referred to as “Third Party Websites”) needed for access or use.   

SERVICES AND CONTRACT On the Website, you have the ability to compare third party products and services, including discounts being offered by such third parties on the sale of its products and services. We allow or provide access to websites hosted by other third parties, including the possibility to compare various services offered by third parties.  

CHANGED TERMS 

The Company shall have the right at any time to change or modify the terms and conditions applicable to user’s use of Website, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Website, or by electronic or conventional mail, or by any other means by which user obtains notice thereof. Any use of the Website by the user after such notice shall be deemed to constitute acceptance by the user of such changes, modifications or additions.   

DESCRIPTION OF SERVICES Through the Website, we provide users with access to a variety of services, as described in detail hereunder: The services constitute a technology platform that enables users of Khoobiya’s mobile application or website provided as part of the Services to arrange and schedule transportation and/or logistics services with independent third party providers of such services, including independent third party transportation providers and independent third party logistics providers under agreement with Khoobiya or certain of Khoobiya’s affiliates (“Third Party Providers”). Unless otherwise agreed by Khoobiya in a separate written agreement with you, the Services are made available solely for your personal, noncommercial use.  

YOU ACKNOWLEDGE THAT KHOOBIYA DOES NOT PROVIDE TRANSPORTATION OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION CARRIER AND THAT ALL SUCH TRANSPORTATION OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY KHOOBIYA OR ANY OF ITS AFFILIATES.    

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Khoobiya is also a platform for domestic consumers to transact with third party sellers, who have been granted access to the Site to display and offer products for sale through the Site. For abundant clarity, the Company does not provide any services to users other than providing the Site as a platform to transact at their own cost and risk, and other services as may be specifically notified in writing. The Company is not and cannot be a party to any transaction between you and the third party sellers, or have any control, involvement or influence over the products purchased by you from such third party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Site. Services on the Site are available to only select geographies in India, and are subject to restrictions based on business hours and days of third party sellers. Transactions through the Site may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charges at the stage of check-out for a transaction through the Marketplace.

EQUIPMENT  

Users shall be responsible for obtaining and maintaining all telephone, computer hardware, software and other equipment needed for access to and use of Website and all charges related thereto.  

USER CONDUCT 

Users shall use the Website for lawful purposes only. User shall not post or transmit through the Website any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without our express prior approval, contains advertising or any solicitation with respect to Products and Services. Any conduct by a user that in our discretion restricts or inhibits any other user from using or enjoying the Website will not be permitted. The Website contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, photos, graphics which may belong to third parties and is copyrighted as a collective work under respective copyright laws. Khoobiya acknowledges the proprietary rights of other parties mentioned on our Website. User may not modify, publish, copy, reproduce, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part, except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of Website’s material will be permitted without express permission of the Company and / or the copyright owner. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material. The User shall not upload, post or otherwise make available on the Website any material protected by copyright, trademark or any other proprietary right without express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with the user. Users shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area or the Website, user automatically grants or warrants that the owner of such material has expressly granted Khoobiya royalty-free, perpetual, irrevocable, non- exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) world-wide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other user to access, view, and store or reproduce the material for that user’s personal use. User hereby grants the Company the right to edit, copy, publish and distribute any material made available on the Website by user.   

MEMBER ACCOUNT, PASSWORD, AND SECURITY  

If any of our services require the user to open an account, the user must complete the registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. Users also will choose a password and a user name. User is entirely responsible for maintaining the confidentiality of the user' s password and account. Furthermore, the user is entirely responsible for any and all activities that occur under the user's account. User agrees to notify the Company immediately of any unauthorized use of the user's account or any other breach of security. The Company will not be liable for any loss that user may incur as a result of someone else using the user's password or account, either with or without the user's knowledge. However, users could be held liable for losses incurred by the Company or another party due to someone else using the user's account or password. Users may not use anyone else’s account at any time, without the permission of the account holder.    

LIMITATION OF LIABILITY  

User expressly agrees that use of the Website is at the user's sole risk. Neither the Company, its affiliates nor any of their respective employees, agents, third party content providers or licensors warrant that the Website will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of Website, or as to the accuracy, reliability or content of any information, service, or merchandise provided through the Website. Company is not liable for any delay in food delivery or if the food delivered is old, not as per specifications of the order or stale. Payments once made will be refunded based upon genuinity of the refund. Refunds will only be processed via the Company’s Khoobiya Cash refund process only. The Website is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of merchantability or fitness for a particular purpose, other than those warranties which are implied by and incapable of exclusion, restriction or modification under the laws applicable to this Agreement. Notice of liability: despite regular controls, the Company is not liable for the content of external third party websites. The owners of these websites are fully responsible for the content of the linked pages. Please contact us if you notice external pages with illegal or immoral content. The legal information in this Agreement also applies to the Company’s social media outlets, such as Facebook, Google+, Twitter, LinkedIn and the like. This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that Khoobiya is not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with the user. In no event will the user or any person or entity involved in creating the Website be liable for any damages, including, without limitation, direct, indirect, incidental, special, and consequential or punitive damages arising out of the use of or inability to use Website. User hereby acknowledges that the provisions of this section shall apply to all content on the site. In addition to the terms set forth above neither, Khoobiya Or its affiliates, information providers or content partners shall be liable regardless of the cause or duration, for any errors, inaccuracies, omissions, or other defects in, or untimeliness or authenticity of the information contained within the Website, or for any delay or interruption in the transmission thereof to the user, or for any claims or losses arising there from or occasioned thereby. None of the foregoing parties shall be liable for any third-party claims or losses of any nature, including, but not limited to, lost profits, punitive or consequential damages. Force majeure – Khoobiya will not be responsible for any failure or delay in performance due to circumstances beyond its reasonable control, including, without limitation, acts of god, war, riot, embargoes, acts of civil or military authorities, fire, floods, accidents, service outages resulting from equipment and/or software failure and/or telecommunications failures, power failures, network failures, failures of third party service providers (including providers of internet services and telecommunications). The party affected by any such event shall notify the other party within a maximum of fifteen (15) days from its occurrence. The performance of this Agreement shall then be suspended for as long as any such event shall prevent the affected party from performing its obligations under this Agreement.    

LINKS TO THIRD PARTY WEBSITES   

The links on the Website (including Company appointed vendor’s websites) will let you leave our Website. The linked sites are not under the control of Khoobiya and Khoobiya is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Khoobiya is not responsible for webcasting or any other form of transmission received from any linked site. Khoobiya is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Khoobiya of the site Khoobiya is only an intermediary service provider 3 (hereinafter referred to as “Intermediary”), and not a distributor or publisher of content supplied by third parties. Accordingly, Khoobiya has no more editorial control over such content than does a public library, bookstore, or newsstand. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including users or any other user of the website, are those of the respective author(s) or distributor(s), vendors and not of Khoobiya. Khoobiya does not guarantee the accuracy, completeness, or usefulness of neither content nor its merchantability or fitness. In many instances, the content available through the Website represents the opinions and judgments of the respective information provider, not under contract with Khoobiya. Khoobiya neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Website by anyone other than our authorized employee or spokespersons while acting in their official capacities. Under no circumstances will Khoobiya be liable for any loss or damage, whether financial or otherwise, caused by a user’s reliance on information obtained through the Website. It is the responsibility of the user to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through the Website. Please seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content.    

MONITORING   

Khoobiya shall have the right, but not the obligation, to monitor the content of Website, including third party websites, to determine compliance with this Agreement and any operating rules established by Khoobiya and to satisfy any law, regulation or authorized government request. Without limiting the foregoing, we shall have the right to remove any material that Khoobiya, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.    

INDEMNIFICATION    

User agrees to defend, indemnify and hold harmless the Company, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of the use of Website by user.    

PAYMENT SECURITY Khoobiya is only an Intermediary and therefore does not ensure that transactions you conduct online are safe and secure. To achieve this, please read the terms of use, privacy policy and any other policies or agreements outlined on each respective third party website whose service the user may decide to avail at a given point in time.   

TERMINATION Either Khoobiya or the user may terminate this Agreement at any time. Without limiting the foregoing, Khoobiya shall have the right to immediately terminate a user's account in the event of any conduct by user which Khoobiya in its sole discretion, considers to be unacceptable, or in the event of any breach by user of this Agreement.  

MISCELLANEOUS   

This Agreement and any operating rules for Website established by Khoobiya constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter.  

TRADEMARKS   

The names of actual companies, websites, services and products mentioned herein and on the Website, may be the trademarks of their respective owners. Khoobiya acknowledges the proprietary rights of the trademarks of other parties mentioned both in this document and on the Website. Any rights not expressly granted herein are reserved.  

YOUR CONSENT By using the Website, you consent to the terms of our Agreement and to the Site’s processing of information for the purposes given above.    

GRIEVANCE REDRESSAL MECHANISM     

If you have any grievance relating to this Agreement, you may email at support@khoobiya.com  

COMPLIANCE WITH THE INFORMATION TECHNOLOGY (REASONABLE SECURITY PRACTICES AND PROCEDURES AND SENSITIVE PERSONAL INFORMATION RULES, 2011) We at Khoobiya take all reasonable measures to secure our computer systems and information contained therein following the reasonable security practice and procedures prescribed in the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Information Rules, 2011).    

GENERAL PROVISIONS   

If any provision of this Agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this Agreement and the remaining provisions of this Agreement shall remain in force. This contains the entire Agreement between the user and the Company concerning your use of the Site. If you have questions regarding the Agreement, please email at support@khoobiya.com 

GOVERNING LAW AND JURISDICTION    

This Agreement shall be governed by and construed in accordance with the laws of India and courts in Kolkata, India only shall have jurisdiction over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.