1. The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, Grostar will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP.
2. Grostar does not own, sell, resell on its own such products offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Merchants/PDPs.
3. As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.
4. However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
5. 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 Order or change in price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that Grostar reserves the right to not to process Buyer's Order in the event Buyer or Merchant or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
6. All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. 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 Grostar 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 Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Grostar is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
7. Buyers acknowledge and agree that Grostar acts as the Merchant's and PDP’s payment agent for the limited purpose of accepting payments from Buyers/Merchants on behalf of the Merchant or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Merchant or PDP, your payment obligation to the Merchant or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Merchant or PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform.
8. Buyer agrees to pay for the total amount for the Order placed on the Platform. Grostar will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or restaurant service for the particular Merchant, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
9. In connection with Buyer’s Order, he/she 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. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above. Buyer hereby authorizes 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 Platform. If Buyer is directed to our third-party payment processor, he/she 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 Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.
10. The final tax bill will be issued by the Merchant and PDP (if registered for tax purposes) to the Buyer along with the Order and Grostar is merely collecting the payment on behalf of such Merchant and PDP. 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 and PDP. Grostar olds 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 and the PDP.
11. The prices reflected on the Platform, 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 Order 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 reflected on the Platform 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 Buyer’s Order(s).
12. The Merchant shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of Grostar.
13. The transactions are bilateral between the Merchant and Buyer, and between Merchant/Buyer and PDP, therefore, Grostar is not liable to charge or deposit any taxes applicable on such transactions.
Cancellation and Refund Policy
Any Capitalized terms used but not defined herein shall have the meaning assigned to them under the Terms of Use which govern your use of our website www.myGrostar.com (the “Website”) and our ‘Grostar’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”.
1. Customer Cancellation
1. As a general rule Buyer shall not be entitled to cancel Order once placed. Buyer may choose to cancel Order only within one-minute of the Order being placed. However, subject to Buyer’s previous cancellation history, Grostar reserves the right to deny any refund to Buyer pursuant to a cancellation initiated by Buyer even if the same is within one-minute followed by suspension of account, as may be necessary in the sole discretion of Grostar.
2. If Buyer cancels his/her Order after one minute of placing it, Grostar shall have a right to collect a penalty of 100% of the Order amount for breach of contract terms as a compensation for the damages suffered by Grostar with a right to either not to refund the Order value in case Buyer’s Order is prepaid or recover from the Buyer’s subsequent Order in case his/her Order is postpaid, to compensate the Merchants and PDPs.
2. Non-Customer Cancellation
1. Grostar reserves the right to collect a penalty for the Orders constrained to be cancelled by Grostar for reasons not attributable to Grostar, including but not limited to:
1. in the event if the address provided by Buyer is either wrong or falls outside the delivery zone;
2. failure to contact Buyer by phone or email at the time of delivering the Order booking;
3. failure to deliver Buyer Order due to lack of information, direction or authorization from Buyer at the time of delivery; or
4. unavailability of all the items ordered by Buyer at the time of booking the Order; or
5. unavailability of all the items ordered by Buyer at the time of booking the Order. However, in the unlikely event of an item in an Order being unavailable, Grostar will contact the Buyer on the phone number provided to us at the time of placing the Order and inform Buyer of such unavailability. In such an event Buyer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount upto 100% of the Order value.
2. In case of cancellations for the reasons attributable to Grostar or the Merchant or PDP, Grostar shall not collect any penalty from the Buyer.
3. Cancellation policy for Fish, Chicken, Meat stores /Supermarkets / Fruits and vegetables/ Dryfruits and Nuts / Organic/ Bakery and Sweets
1. The Orders placed by Buyers using the Platform are non-cancellable and non-refundable except if refund is requested under the following conditions –
1. If the Order could not be delivered within the estimated time while placing the order; If the Order has not been picked by the PDP
2. If the Merchant doesn't accept or cancels the Order due to reasons not attributable to Buyer, including but not limited to store being closed, non-availability of items, store cannot service online orders at that moment, store is overcrowded, etc.
3. If Grostar cancels the Order due to reasons not attributable to Buyer, including but not limited to non-availability of PDP, etc.
2. Grostar reserves the right to look into the cancellation request of the Buyer and determine if such cancelation request falls under the conditions mentioned above. If Grostar is satisfied that the request and same fulfills any of the aforesaid conditions, then Grostar shall process the cancellation request and refund amounts to the Buyer.
4. Refunds
1. Buyer may be entitled to a refund for prepaid Orders. Grostar retains the right to retain the penalty payable by the Buyer in Section I(2) from the amount refundable to him/her. The Buyer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason;
2. Buyer may be entitled to a refund upto 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or Grostar, however such refunds will be assessed on a case to case basis by Grostar.
3. Our decision on refunds shall be final and binding
4. All refund amounts shall be credited to Buyer’s account as may be stipulated as per the payment mechanism of Buyer’s choice, the estimated timelines are detailed as below, in case Buyer don't choose to credit it to Buyer’s wallet with his/her Grostar Account;
5. In case of payment at the time of delivery, Buyer will not be required to pay for:
1. Orders where packaging is either tampered or damaged at the time of delivery;
2. Wrong Order being delivered; or
3. Items missing from Buyer’s Order at the time of delivery.
Provided the same is communicated to Grostar Customer Care through the Platform before the Order is marked delivered.
5. Disclaimers
1. THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
2. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
3. WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
4. YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY'S / MERCHANT’S/ PDP’S SERVICES.
5. Grostar DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP.
6. WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
7. THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
8. WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
9. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
6. Intellectual property
1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
2. You recognize that Grostar is the registered owner of the word mark ‘”Grostar” and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Grostar’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at with all relevant information.
3. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
4. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
5. You must not use any part of the materials on the Platform for commercial purposes without obtaining a license to do so from us or our licensors.
6. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. Treatment of information provided by you
We process information provided by you to us in accordance with our Privacy Policy.
8. Third Party Content
1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
2. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.
9. Severability
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable
10. Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
11. Governing law and dispute resolution
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bangalore, India.
12. IP Notice and Take Down Policy
1. Grostar has put in place IP Notice and Take Down Policy ("Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they erode Buyer and good Seller trust.
2. Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights owner and encouraging them to contact us.
3. Note: Grostar does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services. However, Grostar is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Grostar.
13. Contact Us
Please contact us at support@abservetech.com for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
Grievance Officer/Customer Support Officer
In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020l the name and contact details of the Grievance
Officer/Customer Support Officer is provided below:
14. Notice and Take Down Policy Template and Procedures
1. Reporting Instances of Intellectual Property Violations: To file a notice of infringement with Grostar, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. Please note that you will be liable for damages (including costs and lawyer's fees) if you materially misrepresent that material is infringing your intellectual property right(s). Accordingly, if you are not sure if you are the proprietor of the intellectual property right(s), we suggest that you first contact a lawyer.
2. To expedite our ability to process your request, please use the following format:
1. Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
2. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Grostar to locate the material;
3. Information reasonably sufficient to permit Grostar to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
4. The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";
5. The following mandatory statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";
6. Sign the document with either your physical or electronic signature; and
7. Send the written communication to: Email to support@abservetech.com
