TERMS OF USE
These terms of use (“TRICE ToU”) contain provisions that define your limits, legal rights and obligations with respect to your use of, and any participation in: (i) the App (as defined below) for both mobile and handheld devices, including the classified advertisements, forums, email functions and internet links, and(ii) any online transactions between the users of the App who are providing goods and/or services (each, a “Service Provider”) and the users of the App who are obtaining such goods and/or services (each, a “Service User”) through the App (collectively, the “Services”).
The mobile application TRICE (“App”) belongs to Trice Systems Private Limited(“Us”, “We”, “Our”, “TRICE” or “Company” (not case-sensitive), which also includes its affiliates, successors or assigns. Apart from the current TRICE ToU,this App is subject to additional guidelines and rules in respect of the usage of the App,including the TRICE privacy policy.
You acknowledge and accept that the App serves as a mere venue for the online display and exchange of user submitted information between Service Providers and Service Users. Thus, the App gives You access to valuable information free of cost, and by downloading, installing, accessing, updating, upgrading, or otherwise using (Collectively referred as “Interacting”, “Interaction” or “Interact”) the App, You consent to:(1) fully accept and abide with the Trice ToU, (2) use the Services only in the manner and purpose stated in the TRICE ToU, and (3) authorize the transfer of payment for any Services requested through the App.
If You do not agree with all the provisions of the Trice ToUin entirety, do not Interact with the App. By Interacting with the App, You indicate that You accept the Trice ToU and that You agree to abide by them.
Definitions
- “Account Information” shall mean Your information, including Personal Information (defined below), that We may requirein order for You to use Our Services.
- “Login Credentials” shall mean the login credentials of the User, such as user IDand password, that enable You to access the App and/or use the Services listed on the App.
- “Personal Information” shall mean any information that relates to a natural person, including financial information, Biometric information, etc., which, either directly or indirectly, in combination with other information available, or likely to be available, to a body corporate for providing Services, is capable of identifying such person.
- “Profile” shall refer to the App account that contains Your Account Information. For the purposes of clarity, in order to Interact with the App,You must first use the Login Credentials to access the Profile.
- “Services” refers to theonline display and exchange of User submitted information relating to:(1) food delivery,(2) Subscriptions, (3) Classifieds and (4) a platform for exchange of goods and/or services between the Service Providers and Service Users,along with the functionalities and features in the App that enable the above exchange, to the extent the App permits such App usage for the above functions.
- “SPD” or “Sensitive personal data” shall have the meaning assigned to this term under the IT (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011.
- “User” or “You” or “Your” or “Yours” (non-case sensitive, and plural usage included) shall refer to all the Service Users and the Service Providers, along with any third-party who uses the App in any way whatsoever, that includes any legal person who contributes any information, content, private and public messages, advertisements and any other materials or services on the App.
Trice ToU Of Services
- In order to use the Services offered by Us on Our App, You are required to create a Profile, including Login Credentials, and provide Us with the requested Account Information. You shall provide true, accurate, current and complete information, when creating Your Profile. Upon creating the Profile, You may use the Services, subject to fullyagreeing and abiding with theseTRICEToUand related rules, especially the TRICE privacy policy. This usage of the App or the Services is non-exclusive and revocable.
- License to Access: TRICE hereby grants You only a non—exclusive, revocable license to use the App, provided that: (1) You will not copy, distribute, or make any derivative works of the App in any medium, without TRICE’s prior written consent, (2) You will not alter or modify any part of the App,other than as may be reasonably necessary to use the App for its intended purposes, and (3) You will act in accordance with the terms and conditions of the TRICE ToU, as well as in accordance with all applicable laws.
- Content Usage. You shall not host, display, upload, modify, publish, transmit, update or share any information that belongs to, or relates to another User, and to which You have no right of access. You shall not make use of any information on the App, that is offensive, defamatory, obscene, blasphemous, hateful, racially and ethnically inciteful, unlawful, threatens public health or safety, or violates any law that is in force, in any manner whatsoever.
- Fees: TRICE reserves the right to charge fee(s) from the Service Users and/or the Service Providers at any point in time for accessing its services, at its sole discretion. The Service Users and/or the Service Providers will have the choice to discontinue the App usage, or by continuing to use the App in any manner whatsoever, signify their consent to pay the fees to TRICE promptly and in full.
Cancellations and Refunds
- As a general rule you shall not be entitled to cancel your order once placed.
- You may choose to cancel your order only within 10-minute of the order being placed by you by contacting us through Phone or WhatsApp on Trice Support number.
- However, Cancellation is subject to your previous cancellation and refund history.
- Trice reserves the right to deny any refund to you pursuant to a cancellation initiated by you even if the same is within 10-minute.
- If you cancel your order after 10 minutes of placing it, Trice shall have a right to charge you 100% of the order amount as the cancellation fee, with a right to either not to refund the order value in case your order is prepaid or recover from your subsequent order, to compensate our vendors/home chefs and delivery partners.
- Trice is a market place and offers products at a best effort basis. We will not be able to issue any refunds on any food orders irrespective of the reasons for refund unless it's a missed item delivery and Trice reserves the right to deny any refund to you based on subject to your previous cancellation and refund history.
- In case of cancellations for the reasons attributable to Trice or the vendor partner or delivery partners or the home chefs, Trice shall not charge you any cancellation fee.
- In case of Damaged/defective order the liability shall solely lie with the vendor selling the product. At Trice, we facilitate the transactions between the vendors/Home chefs and the customers Hence, Trice shall assume no liability with respects to the products sold by the vendors.
Indemnification
BY USING THE APP AND/OR SERVICES AND/OR THE SUBMITTED CONTENTIN ANY MANNER WHATSOEVER, YOU AGREE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, TO DEFEND AND INDEMNIFY TRICE (INCLUDING, WITHOUT LIMITATION, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, AND ASSIGNS) FROM ANY AND ALL CLAIM(S),DEMAND(S), DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR EXPENSES(INCLUDING BUT NOT LIMITED TO, ALL APPLICABLE COSTS AND ADVOCATE FEES) MADE AGAINST US BY ANY THIRD PARTY THAT IS DUE TO, IN RELATION TO, OR ARISING OUT OF: (A) YOUR USE OF THE APP OR THE SERVICES, (B) YOUR VIOLATION OF THESE TRICE TOU AND/OR TRICE PRIVACY POLICY,AND (C) YOUR VIOLATION OF APPLICABLE LAWS OR REGULATIONS.
Release
SUBJECT TO APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE US (INCLUDING WITHOUT LIMITATION OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE, THAT ARISES OR HAS ARISEN, DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE APP AND/OR ITS SERVICES.
Disclaimer of Warranties
YOU AGREE THAT YOUR USE OF THE APP SHALL BE AT YOUR OWN RISK TO THE FULLEST EXTENT PERMITTED BY LAW AND FOR THE SAME, TRICE AND/OR THE TRICE AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND MAKE NO WARRANTIES, REPRESENTATIONS OR GUARANTEES IN CONNECTION WITH THIS APP, THE SERVICES OFFERED ON OR THROUGH THIS APP, ALL SUBMITTED CONTENT ON, AND IN RELATION TO, THIS APP AND/OR SERVICES. UNLESS OTHERWISE STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL DATA, MATERIAL, INFROMATION, SUBMITTED CONTENT AND/OR SERVICES CONTAINED OR PRESENTED ON THIS APP IS PROVIDED TO YOU ON AN “AS-IS”, “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TRICE, OR ITS RESPECTIVE OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, SUPPLIERS, ATTORNEYS OR AGENTS (COLLECTIVELTY, “TRICE AFFILIATES”) BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, LOST PROFITS OR LOST/STOLEN DATAARISING FROM, OR RELATING TO, THE TRICE TOU; OR YOUR USE OF, OR INABILITY TO USE, THE APP AND/OR ITS SERVICES AND/OR SUBMITTED CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
General
- Use by Minors: Only individuals who are 18 years of age or older may use the App and avail the services. If you are under 18 years of age and you wish to download, install, access or use the App, your parents or legal guardian must acknowledge and agree to the TRICE ToU and TRICE privacy policy.
- TRICE not party to any Service contract with the Service Users: TRICE is not a party to any oral or written agreement for service, or any contract entered into between Service Users of the App in connection with any Service offered, directly or indirectly, on the App.
- No Agency: All Service Providers are merely independent contractors and no agency, partnership, joint venture or employment is created between TRICE and any Users, including Service Providers, through the TRICE TOU or any related rules.
- Electronic Communication. You (a) consent to receive communications from Us in an electronic form; and (b) agree that all Trice ToU and conditions, agreements, notices, disclosures, and other communications that We provide to You electronically satisfy any legal requirement that such communications would satisfy if it were to be in a hardcopy writing.
- Governing Law and Jurisdiction. This Trice ToU and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws prevalent in India. You agree that the courts of Hyderabad shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, this Trice ToU.
- Copyright/Trademark Information. Copyright ©2019 Trice Systems Private Limited. All rights reserved. All intellectual property, including trademarks, logos and service marks (“IP”) displayed on the App are Our property or the property of other third parties. You are not permitted to use this IP without Our prior written consent.
- Contact Information. If You wish to contact Us in writing, or if this Trice ToU requires You to give notice to Us in writing, please contact Us at support@tricesystems.com.