RATIBPAL’S USER AGREEMENT

 

The terms and conditions as set out below, governs the User Agreement (UA) with RatibPal Services Private Limited, a company incorporated under the laws of India, with its registered office at B20, Avishkar Garden, SahakarNagar 2, Pune 411009 (hereinafter referred to as RatibPal). RatibPal owns a website (www.ratibpal.com), mobile apps named ‘Consumer’ and ‘Supplier’ and a contact centre (hereinafter collectively referred as the Platform). You, as a ‘User’ by accessing the Platform (including any upgrades or updates) provided by RatibPal, it is understood that you have agreed to the terms and conditions contained in the Agreement as these terms are your legal and contractual obligations towards RatibPal.

This Agreement shall be effective on your assenting electronically, installing or accessing the platform and you agree to strictly comply with the UA. If you do not agree with the terms and conditions of this Agreement, do not continue with the installation/ registration process.

 

1. SERVICES

  1. The products and services (‘Services’) are offered through the Platform by RatibPal’s various affiliate/ registered merchants/ vendors/service providers (also referred as ‘Suppliers’). The Services are offered by the Suppliers through various modes which shall include delivery at the User specified address or pickup from the merchant location. The sale of Services on the Platform shall be governed by the ‘Supplier Agreement’.
  2. RatibPal shall provide and operate the Platform only in the capacity of an entity that provides technology to facilitate the Suppliers’ business operations. You agree and acknowledge that RatibPal is not the seller of the products and the services.
  3. The Users (Consumers) can subscribe / purchase any desired Service(s) through the Platform subject to the Service specific terms agreement between the Supplier and the Consumer.

 

2. OWNERSHIP

The Platform is the intellectual property of RatibPal and is protected by copyright laws, and other applicable laws of the country in India and where the services are being used. The structure, organisation and code of the Platform are the valuable trade secrets and confidential information of RatibPal. The trademarks, logos and service marks displayed on the Platform (‘Marks’) are the property of RatibPal or its Suppliers or respective third parties.

 

3. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights are exclusively owned by RatibPal. You must not do anything which jeopardises or interferes with our ownership of such intellectual property rights.

 

4. PERMISSION TO USE

  1. RatibPal grants You the non-exclusive right to use the services of the Platform and right to use for the agreed terms along with the amendments made by RatibPal from time to time at its sole discretion.
  2. You may install and use the app on device of your choice. Any use of the app and other functions of the Platform other than as expressly authorised, constitutes a material breach of this agreement and may violate applicable copyright laws.

 

5. ELIGIBILITY TO USE

  1. This Platform is not available to minors under the age of eighteen (18) or to any Users suspended or removed from the RatibPal system by RatibPal for any reason whatsoever. If You do not confer to the above qualification, You shall not be permitted to avail of the services or use the Platform. You represent that You are of legal age to form a binding contract and are not a person barred from receiving services under the laws as applicable in India. Notwithstanding the foregoing, if You are below the age of eighteen (18) years, You may avail the Services provided by RatibPal through Your legal guardian in accordance with the applicable laws.
  2. RatibPal reserves the right to refuse access to use the Services offered through the Platform to new Users or to terminate access granted to existing Users at our absolute discretion: a) if you breach any provisions of the agreement. b) if you are the subject of a complaint that we deem serious or c) if necessary to maintain or protect the integrity of the Platform
  3. You are prohibited from selling, trading, or otherwise transferring Your Account to another party.

 

6. PRICING AND PAYMENT

  1. RatibPal strives to provide You with the best prices possible on products and services You buy or avail of from the Platform, by selecting through the available options.
  2. You commit to the pay to the Suppliers through the Platform for the Services availed from them through the Platform.
  3. You agree to provide correct and accurate bank / card details for the transactions through the Platform. RatibPal shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of any wrong transaction, on account of You providing any incorrect information to conduct such transaction using card, net-banking, UPI or any other available mode.
  4. You shall not, either alone or in conjunction with other Users, manipulate or attempt to manipulate the prices of any item or services which are being sold on the portal.

 

7. RESTRICTIONS & SECURITY

  1. The Platform requires You to register as a User by creating an Account in order to avail of the Services. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under Your Account. The Platform also allows restricted access to the Services for unregistered Users
  2. You shall not copy or use any part of the Platform except as set forth in the Section 4 of the agreement. You agree not to modify, adapt or disassemble or otherwise attempt to discover the source code of any part of the Platform.
  3. You shall not sub license or lent any portion of the Platform to the third party. You shall not transfer your rights in full or part to use the service to another person provided the third party has accepted to the UA.
  4. You are also under an obligation to use this Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the Platform

 

8. WARRANTY AND LIABILITY DISCLAIMER

  1. RatibPal do not and cannot warrant the performance or results you may obtain by products and services offered by the suppliers on the Platform.
  2. You agree and accept that, to the full extent permitted by law, in no event shall RatibPal be liable to you for any damages, especially for consequential, incidental or special damages including any resulting from lost or comprised data.

 

9. INDEMNIFICATION AND LIMITATION OF LIABILITY

  1. You agree to hold RatibPal harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, any claim that Your material caused damage to a third party, Your violation of the UA, or Your violation of any rights of another, including any intellectual property rights.
  2. Notwithstanding anything to contrary, RatibPal ‘s entire liability to You under this UA or otherwise shall only be the refund of the money charged from You for any specific service, under which the unlikely liability arises.
  3. The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

 

10. PRIVACY

  1. The Platform keeps User information strictly confidential. However, RatibPal reserves the right to share the supplier and customer information to the related parties like distributors, brands and other related stakeholders in the value chain, for continuous improvement at each level and govt. agencies for statutory requirements.
  2. You hereby expressly agree to receive communications by way of in app notification, SMS, e-mails and phone call from RatibPal relating to Services provided through the Platform.

 

11. REPORT ABUSE

In the event You come across any abuse or violation of these UA or if You become aware of any objectionable content on the Platform, please report to RatibPal contact center

 

12. GOVERNING LAW AND JURISDICTION

The laws of India govern this agreement and your use of the Platform, services and the documentation. The courts located in the city of Pune, Maharashtra shall be the exclusive jurisdiction and venue for any dispute or legal matter arising out of or in connection with this Agreement. Notwithstanding this, You agree that RatibPal shall be allowed to apply for urgent legal relief in the jurisdiction.

 

13. INFORMATION AND FEEDBACK

  1. If you have any suggestions, questions regarding this agreement or wish to request information from RatibPal, Please contact our Customer Service or write to us at swapnil@ratibpal.com.
  2. Any feedback You provide to RatibPal shall be deemed to be non-confidential. RatibPal shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, You represent and warrant that (i) Your feedback does not contain confidential or proprietary information of You or of third parties; (ii) RatibPal is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) RatibPal may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from RatibPal for the feedback under any circumstances.
  3. This agreement may be modified by the documentation. The amendment will then apply from the date of the positing on the website. If You have objection to the amendment, you should not continue using the Platform.
  4. You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules made there under as applicable and as amended from time to time
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