PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT CAREFULLY
The following agreement captures the terms and conditions of use ("Agreement"), applicable to Your use of iShopAtoZ app (hereinafter referred to as "iShopAtoZ Delivery App"), which promotes business between suppliers and buyers globally. It is an agreement between You as the user of the App and iShopAtoZ Private Limited ("iShopAtoZ"). The expressions “You” “Your” or “User(s)” refers to any person who accesses or uses the iShopAtoZ for any purpose.
Contents
7) PROVISION OF TRANSPORTATION AND/OR LOGISTICS SERVICE 7
14) CUSTOMER’S RELATIONSHIP WITH DRIVERS 12
16) REVERSE ENGINEERING & SECURITY 13
20) THIRD-PARTY LINKS & CONTENT 14
21) MODIFICATION & VARIATION 14
24) TERM, TERMINATION & SUSPENSION 15
26) LIMITATION ON LIABILITY 18
28) ISHOPATOZ APP MERELY A PLATFORM 20
29) PHARMACEUTICAL PRODUCT/SERVICE POLICIES 20
30) BOOKINGS AND FINANCIAL TERMS 21
By subscribing to or interacting with other User(s) on or entering into negotiations in respect of sale or supply of goods or services on or using the iShopAtoZ App in any manner for any purpose, You undertake and agree that You have fully read, understood and accepted the Agreement.
If You do not agree to or do not wish to be bound by the Agreement, You may not access or otherwise use the iShopAtoZ App in any manner.
iShopAtoZ App Covered: www.ishopatoz.com
This Agreement (“Agreement”) constitutes a legal agreement between an independent company in the business of providing transportation and logistics services (“Customer”) and iShopAtoZ Private Limited, a private limited company registered under the Companies Act, 2013.
The use of this iShopAtoZ App and services on this iShopAtoZ App provided by iShopAtoZ (hereinafter referred to as "Owner" or “iShopAtoZ”) are subject to the following Terms & Conditions (hereinafter the "Terms of Service"), all parts and sub-parts of which are specifically incorporated by reference here together with the Privacy Policy. Following are the Terms of Service governing your use of www.ishopatoz.com (the "iShopAtoZ App"), all pages on the iShopAtoZ App and any services provided by or on this iShopAtoZ App ("Services").
The parties referred to in these Terms of Service shall be defined as follows:
a) Owner, Us, We: The Owner, as the creator, operator, and publisher of the iShopAtoZ App, makes the iShopAtoZ App, and certain Services on it, available to users. iShopAtoZ, Owner, Us, We, Our, Ours and other first-person pronouns will refer to the Owner, as well as all employees and affiliates of the Owner.
b) You, the User, the Client: You, as the user of the iShopAtoZ App, will be referred to throughout these Terms of Service with second-person pronouns such as You, Your, Yours, or as User or Client. For the purpose of these Terms of Service, the term "User" or "you" shall mean any natural or legal person who is accessing the iShopAtoZ App. The term '"Your" shall be construed accordingly.
c) Parties: Collectively, the parties to these Terms of Service (the Owner and You) will be referred to as Parties.
d) Merchants: Means the Seller’s making their listings on the iShopAtoZ App.
e) Buyer: Means the buyer of services/ products on the iShopAtoZ App.
f) Driver: Means a principal, employee or contractor of Customer: (a) who meets the then- current iShopAtoZ App requirements to be an active driver using the iShopAtoZ App Services; (b) whom iShopAtoZ App authorized to access the iShopAtoZ App Services to provide Transportation and/or Logistics Services on behalf of Buyer.
g) Customer: Means the independent company in the business of providing transportation and logistics services.
By using the iShopAtoZ App, You warrant that You have read and reviewed these Terms of Service and that You agree to be bound by it. If You do not agree to be bound by these Terms of Service, please leave the iShopAtoZ App immediately. The Owner only agrees to provide use of this iShopAtoZ App and Services to You if You assent to these Terms of Service. Further, based on the Services obtained by a User, additional terms and conditions in respect of the specific Services may apply, which shall be deemed an agreement between the Users and the Owner.
You must be at least 18 (eighteen) years of age to use this iShopAtoZ App or any Services contained herein. By using this iShopAtoZ App, You represent and warrant that You are at least 18 years of age and may legally agree to these Terms of Service. The Owner assumes no responsibility or liability for any misrepresentation of Your age.
4) ABOUT THE ISHOPATOZ APP
The iShopAtoZ App is an online store which carries out sale of the following: groceries and household items. We reserve the right to refuse service or refuse to sell the products on the iShopAtoZ App at our sole discretion to anyone for any reason at any time.
The iShopAtoZ App does not screen or censor the users who register on and access the iShopAtoZ App. You assume all risks associated with dealing with other users with whom you come in contact through the iShopAtoZ App. You agree to use the iShopAtoZ App only for lawful purposes without infringing the rights or restricting the use of this iShopAtoZ App by any third party.
5) LICENSE TO USE ISHOPATOZ APP
The Owner may provide You with certain information as a result of Your use of the iShopAtoZ App or Services. Such information may include, but is not limited to, documentation, data, or information developed by the Owner, and other materials which may assist in Your use of the iShopAtoZ App or Services ("Owner Materials"). Subject to these Terms of Service, the Owner grants You a non-exclusive, limited, non-transferable and revocable license to use the Owner Materials solely in connection with Your use of the iShopAtoZ App and Services. The Owner Materials may not be used for any other purpose and this license terminates upon Your cessation of use of the iShopAtoZ App or Services or at the termination of these Terms of Service.
You agree not to collect contact information of other Users from the iShopAtoZ App or download or copy any information by means of unsolicited access so as to communicate directly with them or for any reason whatsoever.
Any unauthorized use by you shall terminate the permission or license granted to you by the iShopAtoZ App and You agree that you shall not bypass any measures used by the Owner to prevent or restrict access to the iShopAtoZ App.
6) INTELLECTUAL PROPERTY
You agree that the iShopAtoZ App and all Services provided by the Owner are the property of the Owner, including all copyrights, trademarks, trade secrets, patents and other intellectual property ("Owner IP"). You agree that the Owner owns all right, title and interest in and to the Owner IP and that You will not use the Owner IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Owner IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Owner.
All rights, not otherwise claimed under this Agreement by iShopAtoZ App, are hereby reserved. Any information or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on the iShopAtoZ App or any offer displayed on or in connection with any service offered on the iShopAtoZ App ("iShopAtoZ App Information") is intended, solely to provide general information for the personal use of the User(s), who fully accept any and all responsibility and liabilities arising from and out of the use of such Information. iShopAtoZ App does not represent, warrant or endorse in any manner the accuracy or reliability of iShopAtoZ App Information, or the quality of any products and/or services obtained by the User(s) as a result of any iShopAtoZ App Information.
For any content and or link uploaded to the iShopAtoZ App by the User from Youtube, the User agrees to abide and accepts the terms of service of Youtube, available at https://www.youtube.com/t/terms.
User(s) acknowledge and agree that iShopAtoZ is not an arbiter or judge of disputes concerning intellectual property rights and as such cannot verify that User(s) selling or supplying merchandise or providing services on the iShopAtoZ App have the right to sell the merchandise or provide the services offered by such User(s). iShopAtoZ encourages User(s) to assist iShopAtoZ App in identifying listings on the iShopAtoZ App which in the User(s) knowledge or belief infringe their rights. User(s) further acknowledge and agree by taking down a listing, iShopAtoZ App does not and cannot be deemed to be endorsing a claim of infringement and further that in those instances in which iShopAtoZ App declines to take down a listing, iShopAtoZ App does not and cannot be deemed to be endorsing that the listing is not infringing of third party rights or endorsing any sale or supply of merchandise or services pursuant to or on account of such listing.
iShopAtoZ respects the intellectual property rights of others, and we expect our User(s) to do the same. User(s) agree to not copy, download or reproduce the iShopAtoZ App Content, Information or any other material, text, images, video clips, directories, files, databases or listings available on or through the iShopAtoZ App ("iShopAtoZ App Content") for the purpose of reselling or re-distributing, mass mailing (via email, wireless text messages, physical mail or otherwise) operating a business competing with iShopAtoZ App, or otherwise commercially exploiting the iShopAtoZ App Content unless otherwise agreed between the parties. Systematic retrieval of iShopAtoZ App Content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Owner is prohibited.
In addition, use of the iShopAtoZ App Content for any purpose not expressly permitted in this Agreement is prohibited and entitles iShopAtoZ to initiate appropriate legal action. User(s) agree that as a condition of their access to and use of iShopAtoZ App’s Services, they will not use iShopAtoZ App Services to infringe the intellectual property rights of any third parties in any way. iShopAtoZ reserves the right to terminate the right of any User(s) to access or use iShopAtoZ App’s Services for any infringement of the rights of third parties in conjunction with use of the iShopAtoZ App’s Service, or in the event iShopAtoZ App is of the believes that User(s) conduct is prejudicial to the interests of iShopAtoZ, its affiliates, or other User(s), or for any other reason, at iShopAtoZ’s sole discretion, with or without cause.
The Information is provided “as is” with no guarantee of completeness, accuracy, timeliness or of the results obtained from the use of the Information, and without warranty of any kind, express or implied, including, but not limited to warranties of performance, merchantability and fitness for a particular purpose. Nothing contained in the Agreement shall to any extent substitute for the independent investigations and the sound technical and business judgment of the User(s). In no event shall the Owner be liable for any direct, indirect, incidental, punitive, or consequential damages of any kind whatsoever with respect to iShopAtoZ App’s Services. User(s) hereby acknowledge that any reliance upon the Information shall be at their sole risk and further understand and acknowledge that the Information has been compiled from publicly aired and published sources. iShopAtoZ respects the rights of such entities and cannot be deemed to be infringing on the respective copyrights or businesses of such entities. iShopAtoZ reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in any portion of the Information.
When the Driver App is active, User requests for Transportation and/or Logistics Services may appear to a Driver via the Driver App if the Driver is available and in the vicinity of the User. If a Driver accepts a User’s request for Transportation and/or Logistics Services, the iShopAtoZ Services will provide certain User Information to such Driver via the Driver App, including the User’s first name and pickup location. In order to enhance User satisfaction with the iShopAtoZ mobile application and Customer’s and Driver(s) Transportation and/or Logistics Services, it is recommended that the Driver wait at least ten (10) minutes for a User to show up at the requested pick-‐up location. It is also recommended that the Driver understands the local regulation(s), including the minimum age and purchase quantity condition(s) with respect to the purchase and/or delivery of alcoholic beverages, item(s) containing tobacco including any other restricted item(s) under applicable law. The Driver will obtain the destination and/or the purchase outlet detail(s) from the User, either in person upon pickup or from the Driver App if the User elects to enter such destination and/or the purchase outlet via iShopAtoZ’s mobile application. Customer acknowledges and agrees that once a Driver has accepted a User’s request for Transportation and/or Logistics Services, iShopAtoZ’s mobile application may provide certain information about the Driver to the User, including the Driver’s first name, contact information, Customer entity name, location, and the Driver’s Vehicle’s make, license plate number, as is applicable. Customers shall not, and shall ensure that all Drivers do not, contact any Users or use any User's personal data for any reason other than for the purposes of fulfilling Transportation and/or Logistics Services. As between iShopAtoZ and Customer, Customer acknowledges and agrees that: (a) Customer and its Drivers are solely responsible for determining the most effective, efficient and safe manner to perform each instance of Transportation and/or Logistics Services; and (b) except for the iShopAtoZ Services or any iShopAtoZ Devices (if applicable), Customer shall provide all necessary equipment, tools and other materials, at Customer’s own expense, necessary to perform Transportation and/or Logistics Services.
Customer’s Relationship with Users
Customer acknowledges and agrees that Customer’s provision of Transportation and/or Logistics Services to Users creates a legal and direct business relationship between Customer and the User, to which iShopAtoZ is not a party. iShopAtoZ is not responsible or liable for the actions or inactions of a User in relation to the activities of Customer, a Driver or any Vehicle. Customers shall have the sole responsibility for any obligations or liabilities to Users or third parties that arise from its provision of Transportation and/or Logistics Services. Customer acknowledges and agrees that it and each Driver are solely responsible for taking such precautions as may be reasonable and proper (including maintaining adequate insurance that meets the requirements of all applicable laws) regarding any acts or omissions of a User or third party. Customer acknowledges and agrees that iShopAtoZ may release the contact and/or insurance information of Customer and/or a Driver to a User upon such User’s reasonable request. Customer acknowledges and agrees that, unless specifically consented to by a User, neither Customer nor Driver may transport or allow alongside any Vehicle individuals other than a User and any individuals authorized by such User during the performance of Transportation and/ or Logistics Services for such User. Customer acknowledges and agrees, and shall ensure that its Drivers agree, that all Users should be transported directly to their specified destination, as directed by the applicable User, without unauthorized interruption or unauthorized stops.
User(s) represent and warrant that they have the right to avail or use the services provided by iShopAtoZ App, including but limited to the website and the iShopAtoZ App ("iShopAtoZ Services"). iShopAtoZ Services can only be availed by those individuals or business entities, including sole proprietorship firms, companies and partnerships, which are authorised under applicable law to form legally binding agreements.
Fare Calculation and Customer Payment
Customer is entitled to charge a fare for each instance of completed Transportation Services provided to a User that are obtained via the iShopAtoZ Services (“Fare”), where such Fare is calculated based upon a base fare amount plus distance (as determined by iShopAtoZ using location-‐based services enabled through the Device) and/or time amounts, for the applicable Territory (“Fare Calculation”). Customers are also entitled to charge User for any Tolls, taxes or fees incurred during the provision of Transportation and/or Logistics Services, if applicable. Customer: (i) appoints iShopAtoZ as Customer’s limited payment collection agent solely for the purpose of accepting the Fare, applicable Tolls and, depending on the region and/or if requested by Customer, applicable taxes and fees from the User on behalf of the Customer via the payment processing functionality facilitated by the iShopAtoZ Services; and (ii) agrees that payment made by User to iShopAtoZ shall be considered the same as payment made directly by User to Customer. In addition, the parties acknowledge and agree that as between Customer and iShopAtoZ, the Fare is a recommended amount, and the primary purpose of the pre-‐arranged Fare is to act as the default amount in the event Customer does not negotiate a different amount. Customer shall always have the right to: (i) charge a fare that is less than the pre-‐arranged Fare; or (ii) negotiate, at Customer’s request, a Fare that is lower than the pre-‐arranged Fare (each of (i) and (ii) herein, a “Negotiated Fare”). iShopAtoZ shall consider all such requests from customers in good faith. iShopAtoZ agrees to remit to Customer on at least a weekly basis: (a) the Fare less the applicable Service Fee; (b) the Tolls; and (c) depending on the region, certain taxes and ancillary fees.
Changes to Fare Calculation
iShopAtoZ reserves the right to change the Fare Calculation at any time in iShopAtoZ’s discretion based upon local market factors, and iShopAtoZ will provide notice to Customer in the event of such change that would result in a change in the recommended Fare. Continued use of the iShopAtoZ Services after any such change in the Fare Calculation shall constitute Customer’s consent to such change.
Fare Adjustment
iShopAtoZ reserves the right to: (i) adjust the Fare for a particular instance of Transportation Services (e.g., Driver took an inefficient route, Driver failed to properly end a particular instance of Transportation Services in the Driver App, technical error in the iShopAtoZ Services, etc.); or (ii) cancel the Fare for a particular instance of Transportation Services (e.g., a User is charged for Transportation Services that were not provided, in the event of a User complaint, fraud, etc.). iShopAtoZ’s decision to reduce or cancel the Fare in any such manner shall be exercised in a reasonable manner.
Platform Advertisement; Marketing
Customers acknowledge and agree that, for the mutual benefit of the parties, through advertising and marketing, iShopAtoZ and/or its Affiliates may seek to attract new Users to iShopAtoZ and to increase existing Users’ use of iShopAtoZ’s mobile application.
Taxes
Customer acknowledges and agrees that it is required to: (a) complete all tax registration obligations and calculate and remit all tax liabilities related to the provision of Transportation Services as required by applicable law; and (b) provide iShopAtoZ with all relevant tax information. Customer further acknowledges and agrees that Customer and each of its Drivers are responsible for taxes on their own income arising from the performance of Transportation and or Logistics Services. Notwithstanding anything to the contrary in this Agreement, iShopAtoZ may in its reasonable discretion based on applicable tax and regulatory considerations, collect and remit taxes resulting from Customer’s and/or any Driver’s provision of Transportation and/or Logistics Services and/or provide any of the relevant tax information Customer and/or any Driver has provided pursuant to the foregoing requirements in this Section 4.8 directly to the applicable governmental tax authorities on Customer’s and/or the applicable Driver’s behalf or otherwise.
You agree not to use the iShopAtoZ App or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the iShopAtoZ App or Services in any way that could damage the iShopAtoZ App, Services or general business of the Owner.
a) You further agree not to use the iShopAtoZ App or Services:
I) To harass, abuse, or threaten others or otherwise violate any person's legal rights;
II) To violate any intellectual property rights of the Owner or any third party;
III) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
IV) To perpetrate any fraud;
V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
VI) To publish or distribute any obscene or defamatory material;
VII) To publish or distribute any material that incites violence, hate or discrimination towards any group;
VIII) To unlawfully gather information about others.
You are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to infringe on any third party's intellectual property or proprietary rights, or rights of publicity or privacy, whether knowingly or unknowingly; (d) to violate any local, federal or international law, statute, ordinance or regulation; ((e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information or any content which is defamatory, libelous, threatening, unlawful, harassing, indecent, abusive, obscene, or lewd and lascivious or pornographic, or exploits minors in any way or assists in human trafficking or content that would violate rights of publicity and/or privacy or that would violate any law; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related iShopAtoZ App, other iShopAtoZ Apps, or the Internet; (h) to collect or track the personal information of others; (i) to damage, disable, overburden, or impair the iShopAtoZ App or any other party's use of the iShopAtoZ App; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related iShopAtoZ App, other iShopAtoZ Apps, or the Internet; (l) to personally threaten or has the effect of personally threatening other Users. We reserve the right to terminate your use of the Service or any related iShopAtoZ App for violating any of the prohibited uses. iShopAtoZ has the full authority to review all content posted by Users on the iShopAtoZ App. You acknowledge that the iShopAtoZ is not responsible or liable and does not control the content of any information that may be posted to the iShopAtoZ App by You or other User of the iShopAtoZ App and you are solely responsible for the same. You agree that You shall not upload, post, or transmit any content that you do not have a right to make available (such as, the intellectual property of another party).
Summarily, User(s) agree to abide by the Agreement and any other rules and regulations imposed by the applicable law from time to time. iShopAtoZ shall have no liability to the User(s) or anyone else for any content, information or any other material transmitted over iShopAtoZ App and Services, including any fraudulent, untrue, misleading, inaccurate, defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with each User(s).The user shall do its own due diligence before entering into any transaction with other users on the iShopAtoZ. iShopAtoZ App at it’s sole discretion reserves the right to refuse iShopAtoZ App’s Services to anyone at any time. iShopAtoZ App Services are not available and may not be availed or used by User(s) whose Accounts have been temporarily or indefinitely suspended by iShopAtoZ.
You agree to comply with all applicable laws, statutes and regulations concerning your use of the iShopAtoZ App and further agree that you will not transmit any information, data, text, files, links, software, chats, communication or other materials that is abusive, invasive of another's privacy, harassing, defamatory, vulgar, obscene, unlawful, false, misleading, harmful, threatening, hateful or racially or otherwise objectionable, including without limitation material of any kind or nature that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, provincial, national, or international law or regulation, or encourage the use of controlled substances.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You understand that each time you use the iShopAtoZ App in any manner, you agree to these Terms. By agreeing to these Terms, you acknowledge that you are interested in availing and purchasing the Services that you have selected and consent to receive communications via phone or electronic records from the iShopAtoZ App including email messages telling you about products and services offered by the iShopAtoZ App (or its affiliates and partners) and understanding your requirements. Communication can also be by posting any notices on the iShopAtoZ App. You agree that the communications sent to You by the iShopAtoZ App shall not be construed as spam or bulk under any law prevailing in any country where such communication is received.
Customer’s Relationship with iShopAtoZ
Customer acknowledges and agrees that iShopAtoZ’s provision to Customer of the Driver App and the iShopAtoZ Services creates a legal and direct business relationship between iShopAtoZ and Customer. iShopAtoZ does not, and shall not be deemed to, director control Customer or its Drivers generally or in their performance under this Agreement specifically, including in connection with the operation of Customer’s business, the provision of Transportation and/or Logistics Services, the acts or omissions of Drivers, or the operation and maintenance of any Vehicles. Customers and its Drivers retain the sole right to determine when and for how long each of them will utilize the Driver App or the iShopAtoZ Services. Customer and its Drivers retain the option, via the Driver App, to attempt to accept or to decline or ignore a User’s request for Transportation and/or Logistics Services via the iShopAtoZ Services, or to cancel an accepted request for Transportation and/or the Logistics Services via the Driver App, subject to iShopAtoZ’s then-‐current cancellation policies. Customer acknowledges and agrees that it has complete discretion to operate its independent business and direct its Drivers at its own discretion, including the ability to provide services at any time to any third party separate and apart from Transportation and/or Logistics Services. For the sake of clarity, Customer understands that Customer retains the complete right to provide Transportation and/or Logistics services to its existing customers and to use other software application services in addition to the iShopAtoZ Services. iShopAtoZ retains the right to, at any time in iShopAtoZ's sole discretion, deactivate or otherwise restrict Customer or any Driver from accessing or using the Driver App or the iShopAtoZ Services in the event of a violation of this Agreement, Customer’s or any Driver’s disparagement of iShopAtoZ or any of its Affiliates, Customer’s or any Driver’s act or omission that causes harm to iShopAtoZ’s or its Affiliates’ brand, reputation or business as determined by iShopAtoZ in its sole discretion. iShopAtoZ also retains the right to deactivate or otherwise restrict Customer or any Driver from accessing or using the Driver App or the iShopAtoZ Services for any other reason at the sole and reasonable discretion of iShopAtoZ.
Customer agrees to maintain during the term of this Agreement on all Vehicles operated by Customer and its Drivers commercial automobile liability insurance that provides protection against bodily injury and property damage to third parties at levels of coverage that satisfy all applicable laws in the Territory. This coverage must also include any no-‐fault coverage required by law in the Territory that may not be waived by an insured.
Customer agrees to maintain during the term of this Agreement commercial general liability insurance that provides protection against personal injury, advertising injury and property damage to third parties at levels of coverage required by all applicable laws in the Territory.
Customer agrees to maintain during the term of this Agreement workers’ compensation insurance as required by all applicable laws in the Territory. If permitted by applicable law, Customer may choose to insure himself against industrial injuries by maintaining occupational accident insurance in place of workers’ compensation insurance. Customer’s subcontractors may also, to the extent permitted by applicable law, maintain occupational accident insurance in place of workers’ compensation insurance.
Customer shall add iShopAtoZ (or any Affiliate which may be designated by iShopAtoZ from time to time) to Customer’s insurance policies required above as an additional insured, and shall, upon iShopAtoZ’s request, provide iShopAtoZ with a copy of such insurance certificate(s) within seven (7) days of such request.
Through Your Use of the iShopAtoZ App and Services, You may provide Us with certain information. By using the iShopAtoZ App or the Services, You authorize the Owner to use Your information in India and any other country where We may operate.
a) Information We May Collect or Receive: When You register for an account, You provide Us with a valid email address and may provide Us with additional information, such as Your name or billing information. Depending on how You use Our iShopAtoZ App or Services, We may also receive information from external applications You use to access Our iShopAtoZ App, or We may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
b) How We Use Information: We use the information gathered from You to ensure Your continued good experience on Our iShopAtoZ App, including through email communication. We may also track certain of the passive information received to improve Our marketing and analytics, and for this, We may work with third-party providers.
c) How You Can Protect Your Information: If You would like to disable Our access to any passive information We receive from the use of various technologies, You may choose to disable cookies in Your web browser. Please be aware that the Owner will still receive information about You that You have provided, such as Your email address. If You choose to terminate Your account, the Owner will store information about You for the following number of days: 365. After that time, it will be deleted.
The iShopAtoZ App and Services are provided for communication purposes only. You acknowledge and agree that any information posted on Our iShopAtoZ App is not intended to be legal advice, medical advice, or financial advice, and no fiduciary relationship has been created between You and the Owner. You further agree that Your purchase of any of the products on the iShopAtoZ App is at Your own risk. The Owner does not assume responsibility or liability for any advice or other information given on the iShopAtoZ App.
iShopAtoZ encourages Customers to use Driver-‐Provided Devices for providing the Transportation Services. Otherwise, iShopAtoZ will supply Customer upon request with iShopAtoZ Devices to each authorized Driver and provide the necessary wireless data plan for such Devices, provided that iShopAtoZ will require reimbursement from Customer for the costs associated with the wireless data plan of each iShopAtoZ Device and/or request a deposit for each iShopAtoZ Device. Customer acknowledges and agrees that: (a) iShopAtoZ Devices may only be used for the purpose of enabling Driver access to the iShopAtoZ Services; and (b) iShopAtoZ Devices may not be transferred, loaned, sold or otherwise provided in any manner to any party other than the Driver assigned to use such iShopAtoZ Device. iShopAtoZ Devices shall at all times remain the property of iShopAtoZ, and upon termination of this Agreement or the termination or deactivation of a Driver, Customer agrees to return to iShopAtoZ the applicable iShopAtoZ Devices within ten (10) days. Customer acknowledges and agrees that failure to timely return any iShopAtoZ Devices, or damage to iShopAtoZ Devices outside of “normal wear and tear,” will result in the forfeiture of related deposits.
You agree not to undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the iShopAtoZ App or Services;
b) Violate the security of the iShopAtoZ App or Services through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
The Owner does not accept responsibility for the security of Your account or content. You agree that Your use of the iShopAtoZ App or Services is at Your own risk.
You agree to defend and indemnify the Owner and any of its affiliates (if applicable) and hold Us harmless against any and all legal claims and demands, including reasonable attorney's fees, which may arise from or relate to Your use or misuse of the iShopAtoZ App or Services, Your breach of these Terms of Service, or Your conduct or actions. You agree that the Owner shall be able to select its own legal counsel and may participate in its own defense, if the Owner wishes.
You are strictly prohibited from using the iShopAtoZ App or any of the Owner's Services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
The Owner may occasionally post links to third party iShopAtoZ Apps or other services. You agree that the Owner is not responsible or liable for any loss or damage caused as a result of Your use of any third party services linked to from Our iShopAtoZ App.
iShopAtoZ Apps may allow User(s) access to content, products or services offered by third parties through hyperlinks (in the form of word link, banners, channels or otherwise) to the websites offered by such third parties ("Third Party Websites"). iShopAtoZ Apps advise its User(s) to read the terms and conditions of use and/or privacy policies applicable in respect of such Third Party Websites prior to using or accessing such Third Party Websites. Users acknowledge and agree that iShopAtoZ Apps have no control over any content offered on Third Party Websites, does not monitor such Third Party Websites, and shall in no manner be deemed to be liable or responsible to any person for such Third Party Sites, or any content, products or services made available thereof.
The Owner may, from time to time and at any time without notice to You, modify these Terms of Service. You agree that the Owner has the right to modify these Terms of Service or revise anything contained herein. You further agree that all modifications to these Terms of Service are in full force and effect immediately upon posting on the iShopAtoZ App and that modifications or variations will replace any prior version of these Terms of Service, unless prior versions are specifically referred to or incorporated into the latest modification or variation of these Terms of Service.
a) To the extent any part or sub-part of these Terms of Service is held ineffective or invalid by any court of law, You agree that the prior, effective version of these Terms of Service shall be considered enforceable and valid to the fullest extent.
b) You agree to routinely monitor these Terms of Service and refer to the Effective Date posted at the top of these Terms of Service to note modifications or variations. You further agree to clear Your cache when doing so to avoid accessing a prior version of these Terms of Service. You agree that Your continued use of the iShopAtoZ App after any modifications to these Terms of Service is a manifestation of Your continued assent to these Terms of Service.
c) In the event that You fail to monitor any modifications to or variations of these Terms of Service, You agree that such failure shall be considered an affirmative waiver of Your right to review the modified Agreement.
This Agreement constitutes the entire understanding between the Parties with respect to any and all use of this iShopAtoZ App. This Agreement supersedes and replaces all prior or contemporaneous agreements or understandings, written or oral, regarding the use of this iShopAtoZ App.
The Owner may need to interrupt Your access to the iShopAtoZ App to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that Your access to the iShopAtoZ App may be affected by unanticipated or unscheduled downtime, for any reason, but that the Owner shall have no liability for any damage or loss caused as a result of such downtime.
The Owner may terminate these Terms of Service with You at any time for any reason, with or without cause. The Owner specifically reserves the right to terminate these Terms of Service if You violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of the Owner or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material.
The Owner reserves the right to terminate the membership/subscription of any User(s) temporarily or permanently for any of the following reasons:
(a) If any false information in connection with their account registered with iShopAtoZ App is provided by such User(s), or if such User(s) are engaged in fraudulent or illegal activities/transactions.
(b) If such User(s) breaches any provisions of the Agreement.
(c) If such User(s) utilizes the iShopAtoZ App to send spam messages or repeatedly publish the same product information.
(d) If such User(s) posts any material that is not related to trade or business cooperation.
(e) If such User(s) impersonates or unlawfully uses another person’s or business entity’s name to post information or conduct business in any manner.
(f) If such User(s) is involved in unauthorized access, use, modification, or control of the iShopAtoZ App database, network or related services.
(g) If such User(s) obtains by any means another registered User(s) Username and/or Password.
(h) Or any other User(s) activity that may not be in accordance with the ethics and honest business practices.
If You have registered for an account with Us, You may also terminate these Terms of Service at any time by contacting Us and requesting termination. Please keep in mind that any outstanding fees will still be due even after termination of Your account. At the termination of these Terms of Service, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.
You agree that Your use of the iShopAtoZ App and Services is at Your sole and exclusive risk and that any Services provided by Us are on an "As Is" basis. The Owner hereby expressly disclaims any and all express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. The Owner makes no warranties that the iShopAtoZ App or Services will meet Your needs or that the iShopAtoZ App or Services will be uninterrupted, error-free, or secure. The Owner also makes no warranties as to the reliability or accuracy of any information on the iShopAtoZ App or obtained through the Services. You agree that any damage that may occur to You, through Your computer system, or as a result of loss of Your data from Your use of the iShopAtoZ App or Services is Your sole responsibility and that the Owner is not liable for any such damage or loss.
All information, software, products, services and related graphics provided on this site is "as is" and "as available" basis with without warranty of any kind, either expressed or implied. The iShopAtoZ App disclaims all warranties, expressed or implied including, without limitation, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement or arising from a course of dealing, usage, or trade practice. Company makes no representation about the suitability of the information, software, products, and services contained on this iShopAtoZ App for any purpose, and the inclusion or offering of any products or services on this iShopAtoZ App does not constitute any endorsement or recommendation of such products or services.
The iShopAtoZ makes no warranty that the use of the iShopAtoZ App will be uninterrupted, timely, secure, without defect or error free. You expressly agree that use of the site is at your own risk. The iShopAtoZ shall not be responsible for any content found on the iShopAtoZ App.
Your use of any information or materials on this site or otherwise obtained through use of this iShopAtoZ App is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this iShopAtoZ App meet your specific requirements.
The iShopAtoZ assumes no responsibility for the accuracy, currency, completeness or usefulness of information, views, opinions or advice in any material contained on the iShopAtoZ App. Any information of third parties or advertisers is made available without doing any changes and so the iShopAtoZ cannot guarantee accuracy and is not liable to any inconsistencies arising thereof. All postings, messages, advertisements, photos, sounds, images, text, files, video or other materials posted on, transmitted through, or linked from the iShopAtoZ App, are solely the responsibility of the person from whom such Content originated and the iShopAtoZ does not control, and is not responsible for Content available on the iShopAtoZ App.
There may be instances when incorrect information is published inadvertently on our iShopAtoZ App or in the Service such as typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. Any errors, inaccuracies or omissions, may be corrected at our discretion at any time and we may change or update information or cancel orders if any information in the Service or on any related iShopAtoZ App is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related iShopAtoZ App, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related iShopAtoZ App, should be taken to indicate that all information in the Service or on any related iShopAtoZ App has been modified or updated.
The iShopAtoZ shall not be responsible for any interaction between you and the other users of the iShopAtoZ App. Under no circumstances will the iShopAtoZ App be liable for any goods, services, resources or content available through such third party dealings or communications, or for any harm related thereto. The iShopAtoZ is under no obligation to become involved in any disputes between you and other users of the iShopAtoZ App or between you and any other third parties. You agree to release the iShopAtoZ from any and all claims, demands, and damages arising out of or in connection with such dispute.
You agree and understand that while the iShopAtoZ has made reasonable efforts to safeguard the iShopAtoZ App, it cannot and does not ensure or make any representations that the iShopAtoZ or any of the information provided by You cannot be hacked by any unauthorised third parties. You specifically agree that the iShopAtoZ shall not be responsible for unauthorized access to or alteration of Your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the iShopAtoZ App.
You hereby agree and confirm that the iShopAtoZ shall not be held liable or responsible in any manner whatsoever for such hacking or any loss or damages suffered by you due to unauthorized access of the iShopAtoZ App by third parties or for any such use of the information provided by You or any spam messages or information that You may receive from any such unauthorised third party (including those which are although sent representing the name of the iShopAtoZ App but have not been authorized by the iShopAtoZ App) which is in violation or contravention of this Terms of Service or the Privacy Policy.
You specifically agree that the iShopAtoZ is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that the iShopAtoZ is not responsible for any content sent using and/or included in the iShopAtoZ App by any third party.
The iShopAtoZ has no liability and will make no refund in the event of any delay, cancellation, strike, force majeure or other causes beyond their direct control, and they have no responsibility for any additional expense omissions delays or acts of any government or authority.
You will be solely responsible for any damages to your computer system or loss of data that results from the download of any information and/or material. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
In no event shall the iShopAtoZ be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the site, with the delay or inability to use the site or related services, the provision of or failure to provide Services, or to deliver the products or for any information, software, products, services and related graphics obtained through the site, or any interaction between you and other participants of the iShopAtoZ App or otherwise arising out of the use of the iShopAtoZ App, damages resulting from use of or reliance on the information present, whether based on contract, tort, negligence, strict liability or otherwise, even if the iShopAtoZ or any of its affiliates/suppliers has been advised of the possibility of damages. If, despite the limitation above, the Company is found liable for any loss or damage which arises out of or in any way connected with the use of the iShopAtoZ App and/ or provision of Services, then the liability of the Company will in no event exceed, 50% (Fifty percent) of the amount you paid to the Company in connection with such transaction(s) on this iShopAtoZ App.
You accept all responsibility for, and hereby agree to indemnify and hold harmless the company from and against, any actions taken by you or by any person authorized to use your account, including without limitation, disclosure of passwords to third parties. By using the iShopAtoZ App, you agree to defend, indemnify and hold harmless the indemnified parties from any and all liability regarding your use of the site or participation in any site's activities. If you are dissatisfied with the iShopAtoZ App, or the Services or any portion thereof, or do not agree with these terms, your only recourse and exclusive remedy shall be to stop using the site.
The Owner is not liable for any damages that may occur to You as a result of Your use of the iShopAtoZ App, Services. ishopatoz accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
The features and services on the iShopAtoZ App are provided on an " as is " and " as available " basis, and iShopAtoZ hereby expressly disclaims any and all warranties, express or implied, including but not limited to any warranties of condition, quality, durability, performance, accuracy, reliability, merchantability or fitness for a particular purpose. All such warranties, representations, conditions, undertakings and terms are hereby excluded. iShopAtoZ makes no representations or warranties about the validity, accuracy, correctness, reliability, quality, stability or completeness of any information provided on or through the iShopAtoZ. The Owner does not represent or warrant that the manufacture, importation, distribution, offer, display, purchase, sale and/or use of products or services offered or displayed on the iShopAtoZ App does not violate any Third Party Rights; and the Owner makes no representations or warranties of any kind concerning any product or service offered or displayed on the iShopAtoZ App. Any material downloaded or otherwise obtained through the iShopAtoZ App is at the User(s) sole discretion and risk and the User(s) is solely responsible for any damage to its computer system or loss of data that may result from the download of any such material. No advice or information, whether oral or written, obtained by the User(s) from iShopAtoZ App or through or from the iShopAtoZ App shall create or be deemed to create any warranty not expressly stated herein.
Under no circumstances shall iShopAtoZ be held liable for any delay or failure or disruption of the content or services delivered through the iShopAtoZ App resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, flood, storms, explosions, Acts of God, natural calamities, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties. User(s) hereby agree to indemnify and save iShopAtoZ, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from their use of the iShopAtoZ App (including but not limited to the display of User(s) information on the iShopAtoZ App) or from User(s)’s breach of any of the terms and conditions of this Agreement. User(s) hereby further agree to indemnify and save iShopAtoZ, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from User(s)’s breach of any representations and warranties made by the User(s) to iShopAtoZ App.
User(s) hereby further agree to indemnify and save iShopAtoZ, its affiliates, directors, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise, directly or indirectly, as a result of any claims asserted by Third Party Rights claimants or other third parties relating to products offered or displayed on the iShopAtoZ App. User(s) hereby further agree that iShopAtoZ is not responsible and shall have no liability for any material posted by other User(s) or any other person, including defamatory, offensive or illicit material and that the risk of damage from such material rests entirely with the User(s). The Owner reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by any User(s), in which event such User(s) shall cooperate with the Owner in asserting any available defences.
The Owner shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:
a) LANGUAGE: All communications made or notices given pursuant to these Terms of Service shall be in the English language.
b) JURISDICTION, VENUE & GOVERNING LAW: Through Your use of the iShopAtoZ App or Services, You agree that the laws of the India shall govern any matter or dispute relating to or arising out of these Terms of Service, as well as any dispute of any kind that may arise between You and the Owner, with the exception of its conflict of law provisions. In case any litigation specifically permitted under these Terms of Service is initiated, the Parties agree to submit to the exclusive jurisdiction of the courts at Bangalore, India. The Parties agree that this choice of law, venue, and jurisdiction provision is not permissive, but rather mandatory in nature. You hereby waive the right to any objection of venue, including assertion of the doctrine of forum non conveniens or similar doctrine.
c) ASSIGNMENT: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should these Terms of Service, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Owner, the rights and liabilities of the Owner will bind and inure to any assignees, administrators, successors and executors.
d) SEVERABILITY: If any part or sub-part of these Terms of Service is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of these Terms of Service shall continue in full force.
e) NO WAIVER: In the event that We fail to enforce any provision of these Terms of Service, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of these Terms of Service will not constitute a waiver of any other part or sub-part.
f) HEADINGS FOR CONVENIENCE ONLY: Headings of parts and sub-parts under these Terms of Service are for convenience and organization, only. Headings shall not affect the meaning of any provisions of these Terms of Service.
g) NO AGENCY, PARTNERSHIP OR JOINT VENTURE: No agency, partnership, or joint venture has been created between the Parties as a result of these Terms of Service. No Party has any authority to bind the other to third parties.
h) FORCE MAJEURE: The Owner is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.
i) ELECTRONIC COMMUNICATIONS PERMITTED: Electronic communications are permitted to both Parties under these Terms of Service, including e-mail or fax. For any questions or concerns, please email Us at the following address: security@ishopatoz.com.
The iShopAtoZ App acts as a match-making platform for User(s) to negotiate and interact with other User(s) for entering into negotiations in respect thereof for sale or supply of goods or services. iShopAtoZ is not a party to any negotiations that take place between the User(s) of the iShopAtoZ App and are further not parties to any agreement including an agreement for sale or supply of goods or services or otherwise, concluded between the User(s) of the iShopAtoZ App.
iShopAtoZ does not control and is not liable in respect of or responsible for the quality, safety, genuineness, lawfulness or availability of the products or services offered for sale on the iShopAtoZ App or the ability of the User(s) selling or supplying the goods or services to complete a sale or the ability of User(s) purchasing goods or services to complete a purchase. This agreement shall not be deemed to create any partnership, joint venture, or any other joint business relationship between iShopAtoZ and any other party.
The iShopAtoZ App does not facilitate the purchase of pharmaceutical products, and only advertises and/or showcases the pharmaceutical products posted by Users(s). User(s) involved in the purchase and supply of pharmaceutical products hereby agree to abide by and be compliant of any applicable laws, rules, regulations, notifications or orders issued by the Government of India or any of its agencies from time to time in this regard including but not limited to Drugs and Cosmetics Act, 1940, Drugs and Cosmetics Rules, 1945 ("Drug Rules"), Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954 ("Drug and Magic Remedies Act").
The Owner shall not be responsible for any information, content or material in respect of or related to any pharmaceutical product posted, provided or displayed by User(s) on the iShopAtoZ App. Accordingly, the User posting the content shall ensure that the content so posted does not violate any statue in the rules made thereunder including the Act(s) as referred above, so that no consequences of any nature could be attributed to the Owner in any manner whatsoever.
Users(s) hereby undertake that they shall solely be responsible and shall bear all the liabilities in respect of selling prescription medicines and/or drugs mentioned in any of the Schedules of the Drug Rules without a prescription issued by a registered medical practitioner and in accordance with the conditions laid down in such rules. In the event of breach of such condition, iShopAtoZ shall not be liable and responsible in any manner whatsoever.
Users(s) undertake and agree to indemnify and hold harmless iShopAtoZ and/or any of its affiliates, directors, officers, employees or representatives from and against any and all losses, liabilities, damages, claims, costs and expenses (including attorney’s fees and expenses, any third party claims), which the Owner may incur or suffer as a result of or in connection with any illegal sales of drugs and/or medicines.
The Owner does not offer any guarantees or warranties on the medicinal products or services displayed or listed on the iShopAtoZ App and is not liable for any relevant transaction between the User(s), including transactions involving sale of any medicine(s) restricted and/or banned for sale by any governmental or any other regulatory authorities.
The iShopAtoZ App allows you to place food order bookings and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.
iShopAtoZ do not own, sell, resell on its own and/or do not control the User(s) or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
As a general rule, all orders placed on the iShopAtoZ App are treated as confirmed.
However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but 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 incorrect details to our attention.
In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that iShopAtoZ reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
All payments made against the purchases/services on the iShopAtoZ App by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The iShopAtoZ App will not facilitate transactions with respect to any other form of currency with respect to the purchases made on iShopAtoZ App. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by iShopAtoZ is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the iShopAtoZ App using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, iShopAtoZ is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
You acknowledge and agree that we act as the Merchant's payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the iShopAtoZ App.
You agree to pay us for the total amount for the order placed by you on the iShopAtoZ App. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the iShopAtoZ App, in accordance with these Terms, using the methods described under clause VII (6) above. You hereby authorize the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the iShopAtoZ App. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the iShopAtoZ App services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
The final tax bill will be issued by the Merchant to the Buyer along with the order and iShopAtoZ is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. iShopAtoZ holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
The prices reflected on the iShopAtoZ App, including packaging or handling charges, are determined solely by the Merchant and are listed based on Merchant's information. Very rarely, prices may change at the time of placing orders due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the iShopAtoZ App may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel such your order(s).
The Merchant shall be solely responsible for any warranty/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of iShopAtoZ.
The transaction is bilateral between the Merchant and Buyer and therefore, iShopAtoZ is not liable to charge or deposit any taxes applicable on such a transaction.
Driver Requirements
Customer acknowledges and agrees that each Driver shall at all times: (a) hold and maintain (i) a valid driver's license with the appropriate level of certification to operate the Vehicle assigned to such Driver, and (ii) all licenses, permits, approvals and authority applicable to Customer and/or Driver that are necessary to provide passenger transportation services to third parties in the Territory and/or logistic services, involving the purchase of item(s) third parties in the Territory; (b) possess the appropriate and current level of training, expertise and experience to provide Transportation and/or Logistics Services in a professional manner with due skill, care and diligence; and (c) maintain high standards of professionalism, service and courtesy. Customers acknowledge and agree that each Driver may be subject to certain background and driving record checks from time to time in order for such Driver to qualify to provide, and remain eligible to provide, Transportation and/or Logistics Services. In addition if Customer and/or Driver are using the iShopAtoZ App to provide Transportation and/or Logistics Services in conjunction with operating a vehicle which enables passenger(s) to be ferried (“Transportation and/or Logistics Services”), such Customer and/or Driver shall comply with all applicable laws with respect thereto. Customer acknowledges and agrees that iShopAtoZ reserves the right, at any time in iShopAtoZ's sole discretion, to deactivate or otherwise restrict a Driver from accessing or using the Driver App or the iShopAtoZ Services if Customer or such Driver fails to meet the requirements set forth in this Agreement.
Vehicle Requirements
Customer acknowledges and agrees that each Vehicle shall at all times be: (a) properly registered and licensed to operate as a passenger transportation vehicle and/or Vehicle to transport Item(s) purchased in the Territory; (b) owned or leased by Customer, or otherwise in Customer’s lawful possession; (c) suitable for performing the passenger transportation service and/or Vehicle to transport item(s) as contemplated by this Agreement; and (d) maintained in good operating condition, consistent with industry safety and maintenance standards for a Vehicle of its kind and any additional standards or requirements in the applicable Territory, and in a clean and sanitary condition.
Documentation
To ensure Customers and each of its Drivers’ compliance with all requirements in Sections 3.1 and 3.2 above, Customer must provide iShopAtoZ with written copies of all such licenses, permits, approvals, authority, registrations and certifications prior to Customer’s and the applicable Drivers’ provision of any transportation services and/or logistic services. Thereafter, customers must submit to iShopAtoZ written evidence of all such licenses, permits, approvals, authority, registrations and certifications as they are renewed. iShopAtoZ shall, upon request, be entitled to review such licenses, permits, approvals, authority, registrations and certifications from time to time, and Customer’s failure to provide or maintain any of the foregoing shall constitute a material breach of this Agreement. iShopAtoZ reserves the right to independently verify Customer's and/or any Driver’s documentation from time to time in any way iShopAtoZ deems appropriate in its reasonable discretion.
You agree and acknowledge that we shall not be responsible for:
The details of the menu and price list available on the iShopAtoZ App are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.
You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
Your order will be only delivered to the address designated by you at the time of placing the order on the iShopAtoZ App. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
You understand that our liability ends once your order has been delivered to you.
Services provided:
You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
Each purchase on the Service shall contain necessary instructions to redeem the Services. The terms of the Services shall be governed by these Terms of Use and any other terms as set out in such documents confirm such sale of Service. You shall not be entitled to receive any credit, refund or cash back for the value of the goods sold if you fail to redeem the goods within the expiry date or in accordance with the terms therein.
You agree and acknowledge that neither us nor the Merchant shall be liable in the event of you failing to adhere to the Terms of Use.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully 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 with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
We do not offer any refunds against goods already purchased from the iShopAtoZ App unless an error that is directly attributable to us has occurred during the purchase of such product or services.
We constantly strive to provide you with accurate information on the iShopAtoZ App. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
If you use the iShopAtoZ App, you do the same at your own risk.
You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
