Terms and Conditions

These Terms and Conditions (the "T&C") govern your use of our application, in relation to the Open Network for Digital Commerce, for mobile and handheld devices ("Pincode") on the Pincode Shopping Solutions Private Limited platform (the "Platform"). For clarity, the Platform refers to any Platform owned/subscribed/used by Pincode Shopping Solutions Private Limited, not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used to provide services to Users.

Pincode is owned and operated by Pincode Shopping Solutions Private Limited, a private limited company incorporated under the Companies Act, 2013 and having its registered office at Office-2, Floor 4,5,6,7, Wing A, Block A, Salarpuria Softzone, Service Road, Green Glen Layout, Bellandur, Bangalore, Karnataka - 560103. For the purpose of these T&C, wherever the context so requires, "Buyer(s)", "you", "You", "your", "Your", "user", or "User", "End User" shall mean any natural or legal person who shall transact on Pincode by providing registration data while registering on Pincode as a registered user using any computer system, phone or handheld device. The terms "PSSPL", "We", "we", "Us", "us", "Our" or "our" shall mean Pincode Shopping Solutions Private Limited.

Users are requested to carefully read the T&C before using Pincode or registering on Pincode or accessing any material or information through Pincode. By clicking on the "Proceed" button, or through the continued use of Pincode, Users accept these T&C of Use and agree to be legally bound by the same. If You do not agree to these T&C, You may not use the services on Pincode, and We request You to uninstall Pincode. By installing, downloading or even merely using Pincode, You shall be contracting with PSSPL and You signify Your acceptance to this T&C and other PSSPL policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on Pincode and amended from time to time, which takes effect on the date on which You use Pincode, and thereby create a legally binding arrangement to abide by the same.

PSSPL enables transactions on its Pincode application between Buyers and Sellers dealing in various categories of goods and services. ("Pincode Services"). You can choose and place orders ("Orders") on Pincode, from a variety of goods and services ("Products") listed and offered for sale by various Sellers including but not limited to the restaurants, kiranas, retail stores, electronic stores, supermarkets, grocery stores etc ("Seller(s)") through the Seller application ("Seller App"), which is a Platform on which the various Sellers are available. The goods and services are sold on a business to consumer basis only for personal consumption and not for resale.

PSSPL may facilitate the delivery of such Orders or completion of tasks at select localities of serviceable cities across India ("Delivery Services") provided by a Seller or by connecting third party service providers i.e. pick-up and delivery partners ("Logistic Partner") who will be responsible for providing the pick-up and Delivery Services initiated by the users of Pincode (Buyers or Sellers). For both Pincode Services and Delivery Services, PSSPL is merely acting as an intermediary between the Sellers and Buyers and/or Logistic Partners and Buyers/Sellers.

For the Delivery Services, PSSPL may charge the Buyer a delivery fee (inclusive of applicable taxes whenever not expressly mentioned) on behalf of the Logistic Partner/ Seller App/ party appointing the Logistic Partner, determined on the basis of various factors including but not limited to distance covered, time taken, demand for Delivery Services/tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

Use of and access to Pincode is offered to Users upon the condition of acceptance of all the terms, conditions and notices contained in these T&C and Privacy Policy, along with any amendments made by PSSPL at its sole discretion and posted on Pincode from time to time and subject to the above, PSSPL grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use Pincode and the PSSPL Services.

Eligibility

By accessing Pincode, You represent that:-

You are 18 years of age or older;
You are capable of entering into a contract /legally binding agreement;
You have the right, authority and capability to enter into this T&C and abide by all the provisions of the "T&C" of PSSPL Services.
You are not barred or otherwise legally prohibited from accessing or using services of PSSPL or its entities under the laws of India.
You are not impersonating any person or entity, or falsely stating Your age or affiliation with any person or entity.

Without prejudice to the other legal remedies which PSSPL may avail, PSSPL and its entities shall reserve the right to terminate Your contract to use Pincode in case of any incorrect representation of the above-mentioned conditions.

Amendments

PSSPL retains the right to modify or amend these T&C. You can access the latest version of these T&C at any given time on Pincode. You should regularly review the T&C on Pincode. Your continued use of and access to Pincode shall be Your consent to such changes. In the event the modified T&C are not acceptable to You, You should discontinue accessing Pincode.

Access to Pincode Services

We will do Our utmost to ensure that availability of Pincode will be uninterrupted and that transmissions will be error-free. However, due to the nature of the internet and third party intervention/services being provided, this cannot be guaranteed. Also, Your access to Pincode may also be occasionally suspended or restricted for any reason whatsoever, including but not limited to repairs, maintenance, or the introduction of new facilities or services at any time without prior notice.

Privacy

Please review our Privacy Policy ("Privacy Policy") also available at https://www.phonepe.com/privacy-policy/app/, , which governs Your visit to Pincode, to understand Our practices. The personal information / data provided to Us by You during the course of Your usage of Pincode will be treated as in accordance with the Privacy Policy and applicable laws and regulations. If You object to Your information being transferred or used, please do not use Pincode.

Use of Pincode Services

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers or Seller App as the case maybe, alone with respect to Products being offered by the Sellers. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to Product and after sales services related to Products. PSSPL does not have any control and does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers. The price of the product and services offered by the Seller are determined by the Seller itself and PSSPL has no role to play in such determination of price in any way whatsoever.

PSSPL neither make any representation or warranty as to specifics (such as quality, value, saleability etc.) of the Products proposed to be sold or offered to be sold or purchased on Pincode nor does implicitly or explicitly support or endorse the sale or purchase of any Products on Pincode. PSSPL accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

PSSPL does not make any representation or warranty with respect to any aspect of the services being provided by the Logistic Partner through Pincode including but not limited to pick up and Delivery Services to the Sellers or Buyers as the case may be.

PSSPL assumes the role of facilitator and does not at any point of time during any transaction between Buyer and Seller and/or Buyer and Logistic Partner on Pincode come into or take possession of any of the Products offered by Seller or Logistic Partner. At no time shall PSSPL hold any right, title or interest over the Products nor shall PSSPL have any obligations or liabilities in respect of such contract entered into between Buyer and Seller and/or Buyer and Logistic Partner.

Pincode is only an application for communication, and it is agreed that the contract for sale of any of the Products shall be a strictly bipartite contract between the Seller and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, PSSPL shall notify the same to Seller App. The Seller App in coordination with the Seller shall be liable for redressing Buyer complaints. In the event You raise any complaint on any Seller, We shall assist You to the best of Our abilities by providing relevant information to You, such as details of the Seller and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.

Similar to the above, Pincode is only an application for communication with the Logistic Partner and does not provide any pick-up and Delivery Services with respect to the Orders placed by Buyers on Pincode as it is merely facilitating Delivery Services by connecting the Buyers with the Logistic Partner through Pincode. In case of complaints by the Buyers for deficiency or lapse in the Delivery Services provided by Logistic Partner, PSSPL shall notify the same to the Logistic Partner and also assist Buyers to the best of its abilities to enable satisfactory resolution of the complaint.

Your conduct

You agree, undertake and confirm that Your use of Pincode shall be strictly governed by the following binding principles:

You shall not host, display, upload, modify, publish, transmit, update or share any information which:

belongs to another person and to which the User does not have any right;
is defamatory, obscene, pornographic, paedophilic, invasive of another's privacy, including bodily privacy, insulting, or harassing on the basis of gender, libellous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;
is harmful to child;
infringes any patent, trademark, copyright, or other proprietary rights;
violates any law for the time being in force;
impersonates another person;
threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign States, or public order, or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting other nation;
contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource;
is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity, or agency for financial gain or to cause any injury to any person;
disrupt or interfere with the security of, or otherwise cause harm to, Pincode, systems resources, accounts, passwords, servers, or networks connected to or accessible through Pincode or any affiliated or linked sites;
violate the T&C contained herein or elsewhere; and
reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from Pincode.

You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of Pincode or any Content, or in any way reproduce or circumvent the navigational structure or presentation of Pincode or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through Pincode. We reserve Our right to bar any such activity.

You shall not attempt to gain unauthorized access to any portion or feature of Pincode, or any other systems or networks connected to Pincode or to any server, computer, network, or to any of the services offered on or through Pincode, by hacking, password "mining" or any other illegitimate means.

You shall not probe, scan or test the vulnerability of Pincode or any network connected to Pincode nor breach the security or authentication measures on Pincode or any network connected to Pincode. You shall not reverse look-up/engineer, trace or seek to trace any information on any other User of or visitor to Pincode, or any other customer, including any Account on Pincode not owned by You, to its source, or exploit Pincode or any service or information made available or offered by or through Pincode, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than Your own information, as provided for by Pincode.

You shall not make any disparaging or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us or otherwise engage in any conduct or action that might tarnish the image or reputation, of PSSPL or Sellers on Pincode or otherwise tarnish or dilute any of PSSPL's trade or service Marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by Us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of Pincode or the Open Network for Digital Commerce or any transaction being conducted on Pincode, or with any other person's use of Pincode.

You shall not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal You send to Us on or through Pincode or any service offered on or through Pincode.

You shall at all times ensure full compliance with the applicable provisions of the Information Technology Act, 2000 and rules thereunder as applicable and as amended from time to time and also all applicable domestic laws, rules and regulations (including the provisions of any applicable Exchange Control Laws or regulations in force) and International Laws, Foreign Exchange Laws, Statutes, Ordinances and Regulations (including, but not limited to GST, Income Tax, Custom Duty and Local and Central Levies) regarding Your use of Our service and Your listing, purchase, solicitation of offers to purchase, and sale of Products. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.

Solely to enable Us to use the information You supply Us with, so that We are not violating any rights You might have in Your information, You agree to grant Us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights You have in Your information, in any media now known or not currently known, with respect to Your information, which will include sharing of Your information with Our affiliates, subsidiaries and third parties. We will only use and/or share Your information in accordance with the T&C and Privacy Policy applicable to use of Pincode.

PSSPL reserves the right, but has no obligation, to monitor the materials posted on Pincode. PSSPL shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these T&C. Please be advised that such Content posted does not necessarily reflect PSSPL's views. In no event shall PSSPL assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on Pincode.

You understand and acknowledge that by using Pincode or any of the Pincode Services, You may encounter Content that may be deemed by some Users to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use Pincode and any Pincode Services at Your sole risk and that to the fullest extent permitted under applicable law. PSSPL shall have no liability to You for Content that may be deemed offensive, indecent, or objectionable to You.

Account Registration

You may access Pincode by registering to create an account ("Account") and become a member ("Membership").

If You use Pincode, You shall be responsible for maintaining the confidentiality of Your display name and password, and You shall be responsible for all activities that occur under Your display name and password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete, or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this T&C, We shall have the right to indefinitely suspend or terminate or block access of Your Membership on Pincode and refuse to provide You with access to Pincode. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Your mobile phone number and/or e-mail address is treated as Your primary identifier on Pincode. It is Your responsibility to ensure that Your mobile phone number and Your email address is up to date on Pincode at all times. You agree to notify Us promptly if Your mobile phone number or e-mail address changes by updating the same on Pincode through a onetime password verification.

Order flow, booking and payments

An Order placed on Pincode will involve one or more of the following steps:

The Buyer will initiate a search for a product or a service through Pincode
Pincode will relay this search request to the gateway.
The gateway will check with the Open Network for Digital Commerce Registry to identify the relevant Seller Apps that have the requested product or service available in the specified location. Upon identification, the search request will be broadcast to the relevant Seller Apps
Seller Apps will relay the information to the Sellers listed on their Seller App to confirm the offering of the product or service requested, along with the terms and conditions of the offering.
Upon Seller's confirmation, Seller App will relay the offer to Pincode through the gateway.
Pincode will display the offer to the Buyer. If the Buyer is satisfied with the offering, the Buyer may confirm the purchase of the product and Pincode may place a purchase order with the Seller through the Seller App. The Seller App will in turn forward the purchase order to the Seller for confirmation.
Upon Seller's confirmation, the Seller App will confirm the Order on behalf of the Seller.

Pincode allows the Buyers to place Orders and upon acceptance of such Orders by the Sellers, PSSPL or the Seller App will, subject to these T&C, facilitate delivery of Products, through the Logistic Partner.

PSSPL does not own, sell, resell on its own such Products offered by the Sellers, and/or does not control the Sellers 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 T&C including, but not limited to, product or service availability, delivery location serviceability, and acceptance of Orders by Sellers/Logistic Partners.

All payments made against the Orders on Pincode by You shall be compulsorily in Indian Rupees acceptable in the Republic of India. Pincode will not facilitate transactions with respect to any other form of currency with respect to the Orders made on Pincode. You can pay by (i) credit card or debit card or UPI or net banking or wallet etc; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) You understand, accept and agree that the payment facility provided by Pincode 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 Pincode using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Pincode is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.

Buyers acknowledge and agree that PSSPL shall accept payments from Buyers on behalf of the Seller or Logistic Partner, as the case may be. Upon Your payment of amounts to Us, which are due to the Seller or Logistic Partner, Your payment obligation to the Seller or Logistic Partner for such amounts is completed, and We shall settle such amounts to the Seller or Logistic Partner.

Buyer agrees to pay for the total amount for the Order placed on Pincode. PSSPL will collect the total amount in accordance with these T&C and the pricing terms set forth in the applicable listing of product or service for the particular Seller, apart from the delivery fees for Delivery Services. Please note that We cannot control any amount (e.g. convenience fee) 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.

In connection with Buyer's Order, he/she will be asked to provide customary billing information such as name, billing address and card information either to Us or Our third party payment processor. Buyer agrees to pay Us for the Order placed by him on Pincode, in accordance with these T&C, using the methods described above. Buyer hereby authorizes the collection of such amounts by charging the 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 Pincode. 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, Privacy Policy and Take Down Policy before using Pincode services. Once the Order is confirmed You will receive a confirmation email summarizing the confirmed booking.

The Buyer may be required to furnish certain details for the purpose of making payment, which may be saved for future convenience. The information provided by the Buyer pertaining to his payment instrument details will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of Your credit/ debit card.

The prices reflected on Pincode, including packaging or handling charges, are determined by the Seller and are listed based on Seller's information.

The Seller shall be solely responsible for any warranty/guarantee of the Products sold to the Buyers and in no event shall be the responsibility of PSSPL.

The transactions are bilateral between the Seller and Buyer, and between Seller/Buyer and Logistic Partner, therefore, PSSPL is not liable to charge or deposit any taxes applicable on such transactions.

Return, cancellations, exchange and refund

Pincode will endeavour to assist Buyers who have bonafide disputes on the Products provided to them by the Sellers. The return policy and return policy period depends on the product category, the Seller's refund policy and the Seller.

Replacement: If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s or service/s can ask for replacement of the product/s or service/s from the Seller subject to the following terms and conditions;

Notify Seller of any defects in the product/s or service/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.
Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the Seller.

You may also return the Product in an order if:

wrong item being delivered other than what You had ordered in an order or
Items substantially damaged or deteriorated in quality at the time of delivery. You agree that You shall give Us all the requisite proofs including but not limited to images of Products having issues.

Following products shall not be eligible for return or replacement:

Damages due to misuse of product;
Any consumable item which has been used/installed;
Products with tampered or missing serial/UPC numbers;
Any damage/defect which are not covered under the manufacturer's warranty.
Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;

Cancellations: With regard to food and perishable items, You may cancel an order without charge at any time before the Seller accepts the order. You cannot cancel the order post acceptance of order by the Seller except if a) the Order could not be delivered within the estimated time while placing the order; or b) If the Seller doesn't accept or cancels the Order due to reasons not attributable to Buyer, including but not limited to the store being closed, non-availability of items, store/restaurant being unable to service online Orders at that moment etc. In all other cases, You may cancel an order without charge at any time before the status of the order changes to "In-Progress" on Pincode. Pincode reserves the right to look into the cancellation request of the Buyer and determine if such cancellation request falls under the conditions mentioned above. If Pincode is satisfied that the request fulfils any of the aforesaid conditions, then Pincode shall process the cancellation request and refund any amounts paid by the Buyer.

The Seller may cancel an order (in full or partially) for the reasons including shortage or unavailability of certain Products or force majeure events. In case the Seller cancels any order, You will not be charged for such cancellations, and the Seller will refund You for any payment already made.

Pincode reserves the right to cancel the Orders and initiate full refund to the customer in the following circumstances:

The Logistic Partner is not available to perform the services.
Any Item or product is not in stock
If the transaction cannot be completed for reasons not in control of Pincode.

You may request return of the Products, purchased from Us provided the Products are sealed/unopened/unused and in original condition within the return period (This will depend on the product and the Seller). Please note, the requests for returns will not be accepted post the respective product return period.

Refunds: You may at PSSPL's sole discretion be entitled to a refund up to 100% of the Order value if the Order is not delivered due to a cause attributable to either the Seller App, Pincode or the Logistic Partner or 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, subject to the Seller's acknowledgement of the same. Please be informed that when You opt to cancel or return the Products, upon Our verification of the Products and the documents relating thereto, the refund amount for such Products which are eligible for return as per these T&C, will be processed within a period of seven (7) business days from the date of Us verifying and confirming the refund request. However, Pincode possesses the right to retain the amount towards forward & reverse shipping charges and such other charges as required to compensate the associated cost thereupon from the amount refundable to the Buyer. Your refund will be processed only when the conditions as may be stipulated by Us or the Seller are fulfilled. The refund amount will be credited to the source account or other presented options provided by Pincode and chosen by You. You acknowledge that after initiation of refund, it may take additional time for Your refund to reflect in Your account which is subject to Your financial institution or payment gateway service provider terms and conditions.

Pincode further reserves the right to collect a charge from You to compensate the Seller or Logistic Partner in cases of cancellations not attributable to Pincode, the Seller App or the Logistic Partner including but not limited to:

Wrong address provided by You;
Unavailability of the Buyer at the time of Order delivery;
Any other failure to deliver Order due to lack of information, direction or authorization from Buyer at the time of delivery.

All decisions with respect to refunds will be at the PSSPL's sole discretion and in accordance with PSSPL's internal refund policy and the same shall be final and binding.

These T&C for acceptance of returns, cancellation and refunds shall be subject to reasonable additional conditions, at the discretion of the Sellers and the Seller App and Logistic Partners, and the same shall be communicated to the User, from time to time, through any mode of communication as specified in these T&C or as determined by PSSPL.

In the event You are claiming return, refund or cancellation of a Products, You may raise a ticket with the customer support for assistance. Action would be taken basis Your interaction and response with the customer support flow as well as the valid proof submitted by You.

PSSPL reserves its right to initiate civil and/or criminal proceedings against a User who, files a invalid and/or false claims or provides false, incomplete, or misleading information. In addition to the legal proceedings as aforesaid, PSSPL may at its sole discretion suspend, block, restrict, cancel the display name and its related display names of such User and/or disqualify that User and any related users from availing protection through Pincode. Any person who, knowingly and with intent to injure, defraud or deceive, files a fraudulent complaint containing false, incomplete, or misleading information may be guilty of a criminal offence and will be prosecuted to the fullest extent of the law.

Terms of service

The Buyer agrees and acknowledges that PSSPL shall not be responsible for:

The services or goods provided by the Sellers;
The services provided by Logistic Partners not being up to Buyer expectations or leading to any loss, harm or damage to him/her;
The availability or unavailability of certain products;
The Seller delivering incomplete or incorrect Orders; or
Product liability of goods provided by Sellers.

Buyers and Sellers agree and acknowledge that PSSPL is not responsible for any liability arising out of Delivery Services provided by the Logistic Partner to them.

Buyers may not be able to avail Pincode Services if their delivery location is outside Pincode's current serviceable area. Pincode will keep the Buyer informed of the same at the time of confirming his/her Order booking.

Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from Logistic Partners and Sellers. PSSPL will not be responsible for any delay in the delivery of a product or service.

Buyer understands that there are certain Sellers who undertake delivery of their goods and services to the Buyer and the Seller may charge the Buyer for such service. PSSPL exercises no control on such Delivery Services and the same shall be under the control of Seller alone and hence all or any disputes arising out of such Delivery Services shall be between Buyer and Seller alone. PSSPL shall not be responsible for such Delivery Services and assumes no liability for disputes arising out of the same.

Buyer's Order will be only delivered to the address designated by him/her at the time of placing the Order on Pincode. Buyer's Order will be cancelled in the event of any change of the address as informed by the Logistic Partner. In any such case the delivery of goods and services, in the event of change of the delivery location, shall be subject to acceptance by the Logistic Partner or sole discretion of Pincode.

The Buyer understands that the responsibility of fulfilment and quality of order lies with the Seller and Pincode does not offer any refunds against Products already purchased from a Seller or Logistic Partner through Pincode unless an error that is directly attributable to Pincode has occurred during the purchase of such Products. Further, a Buyer can raise a ticket on Pincode for the issues faced by him/her, highlighting the concern(s) to the Seller and/or Logistic Partner. Pincode shall communicate such issues or grievances to the respective Seller and/or Logistic Partner and the said Seller and/or Logistic Partner will provide their responses, actions or alternatives (where applicable) to the Buyer in response to such ticket.

We constantly strive to provide You with accurate information on Pincode. However, in the event of an error, We may, in Our sole discretion, contact You with further instructions.

The Buyer acknowledges that the Pincode Services shall be provided through Pincode only during the working hours of the relevant Sellers and Logistic Partners.

Third party content and links

Some of the content available through Pincode Services may include or link to materials that belong to third parties. Your use of such third party links and/or services will be governed by the terms of service, and Privacy Policy applicable to the corresponding third party. We have no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from Pincode Services. We do not screen or investigate third party material before or after including it on Our Pincode Services. Pincode is not responsible for the content of any third party sites and does not make any representations regarding the content or accuracy of material on such sites. If You decide to access/use/visit any such third party websites, You do so entirely at Your own risk.

Third party content, does not reflect Our views or that of Our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through Pincode Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content shared, provided or published on any third party link/sites.

You further acknowledge and agree that PSSPL is not liable for any loss or damage which may be incurred by You as a result of the availability of those external sites or resources, or as a result of any reliance placed by You on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, We expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.

User Content

You agree that after completion of a transaction on Pincode, Pincode will prompt You with an option to provide a rating and/or comments/reviews/other inputs provided by You (including but not limited to) about the Logistics Partner and Sellers (including but not limited to, with respect to the goods sold/services provided by them) (the"User Content"). You hereby consent that Pincode reserve the right to use, share and display User Content in any manner in connection with its business or that of its affiliates, including on Pincode, without Your attribution to or additional approval. PSSPL and its affiliates reserve the right to edit or remove User Content in the event that such User Content violates these T&C including but not limited to Your conduct clause mentioned Supra, obscenities or other objectionable content, include an individual's name or other personal information, or violate any privacy laws, other applicable laws or PSSPL's policies or its affiliates' content policies ("Take Down Policy"). Please note all User Content submitted by You are subject to checks and moderation by Our content team. Pincode reserves the rights to moderate as well as publish/not publish the User Content. Pincode reserve the right to accept, reject, moderate, monitor & edit or remove any User Content. You grant Pincode the right to use the name that You submit in connection with any User Content. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any User Content You submit. You are and shall remain solely responsible for the User Content, and You agree to indemnify PSSPL and its affiliates for all claims resulting from any User Content You submit. PSSPL and its affiliates take no responsibility and assume no liability for any User Content submitted by You.

User reviews or ratings on Pincode for Sellers do not reflect the opinion of PSSPL. It is pertinent to state that each and every review posted on Pincode is the personal opinion of the User only. The advertisements published on Pincode are independent of the reviews received by such advertisers.

No endorsement

Although PSSPL may market/promote Sellers or Logistic Partners from time to time via Pincode, We do not endorse any Seller or Logistic Partners. By using the Pincode Services, You agree that any legal remedy or liability that You seek to obtain for actions or omissions of Seller's, Logistic Partners or any other third parties will be limited to a claim against such parties without any involving or posing liability on PSSPL.

Access to Pincode, accuracy and security

We do not warrant that Pincode will be compatible with all hardware and software which You may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to Your mobile device), software, data or other property as a result of Your download, installation, access to or use of Pincode or Your obtaining any material from, or as a result of using, Pincode. We shall also not be liable for the actions of third parties.

We do not represent or warrant that the information available on Pincode will be correct, accurate or otherwise reliable.

We reserve the right to suspend or withdraw access to Pincode to You personally, or to all users temporarily or permanently at any time without notice. We may any time at Our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with Us or use Pincode in any manner whatsoever until such time that such User is reinstated by Us. However, any Order placed by You which has been accepted by the Seller and/or Logistic Partner, prior to Your suspension/termination from Pincode, will be completed. Further any pending refunds, grievances or complaints will be redressed even though You may not be able to access Pincode for any communication with either Us, the Seller and/or the Logistic Partner.

Relationship with operators

PSSPL is not associated, affiliated, sponsored, endorsed or in any way linked to any operator, including, without limitation Apple and/or Android ("Operator").

Your download, installation, access to or use of Pincode is also bound by the terms and conditions of the Operator.

You and We acknowledge that these T&C are concluded between You and PSSPL only, and not with an Operator, and We, not those Operators, are solely responsible for Pincode and the content thereof to the extent specified in these T&C.

The license granted to You for Pincode is limited to a non-transferable license to use Pincode on a mobile device that You own or control and as permitted by these T&C.

You must comply with any applicable third party terms of agreement when using Pincode (e.g. You must ensure that Your use of Pincode is not in violation of Your mobile device agreement or any wireless data service agreement).

Specific terms with respect to use of Pincode for purchase of Pharmaceutical Products

Buyer understands and agrees that Pincode is merely a technology application and the medicines and pharmaceutical products ("Pharmaceutical Products") are sold by the Seller who is a pharmacy ("Seller Pharmacy"). PSSPL shall not be held responsible in any manner for any error or omission or act committed on part of the Seller Pharmacy. All items offered for sale on Pincode, and the content made available by the Seller Pharmacy, are third party user generated contents and third party products. Pincode has no control over such third party user generated contents. The authenticity and genuineness of the Pharmaceutical Products are made available by the Seller Pharmacy. You understand and agree that PSSPL shall have no liability with respect to the authenticity of the Pharmaceutical Products being facilitated through Pincode.

You understand and agree that all commercial / contractual terms, with respect to the sale/ purchase/ delivery and consumption of the Pharmaceutical Products which are offered by and agreed to between You and the Seller Pharmacy and the contract for purchase of any of the Pharmaceutical Products, which are offered for sale on Pincode by the Seller Pharmacy shall strictly be a bipartite contract between the Seller Pharmacy and You. You understand that PSSPL is not responsible for any unsatisfactory, delayed, non-performance or breach of the contract entered into between You and the Seller Pharmacy for purchase and sale of Pharmaceutical Products offered by such third party pharmacies on Pincode. PSSPL is not responsible if the Seller Pharmacy does not satisfy the contract for sale of Pharmaceutical Products and which are out of stock, back ordered or otherwise unavailable, but were shown as available on Pincode at the time of placement of order by You;

Buyer can use Pincode for purchase of various medicines and Pharmaceutical Products from the pharmacy stores that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicines and Pharmaceutical Products ("Prescription Drugs"), offered for sale on Pincode by the Seller Pharmacy. In Order to purchase Prescription Drugs from the Seller Pharmacy through Pincode, Buyer is required to upload a scanned copy of the valid prescription on Pincode. The Order would not be processed by the Seller Pharmacy until a copy of a valid prescription is uploaded on Pincode, which shall be in turn shared with the Seller Pharmacy. The Seller Pharmacy will verify the prescription uploaded by Buyer and in case of the Seller Pharmacy observes any discrepancy in the prescription uploaded by Buyer, the Seller may reject the Order. Buyer is also required to make the original prescription available at the time of delivery of the Prescription Drugs.

Buyer agrees and undertakes that he/she will not repeat the use of prescription for which drugs have already been dispensed. In case a Buyer found repeating the use of prescription, the Order will be cancelled immediately. In any event, PSSPL shall not be responsible for any adverse effects or harm caused to Buyer. You further acknowledge and accept that the order for a substitute of a Prescription Drug would only be processed if the medical expert/ doctor has himself/ herself permitted for any other equivalent generic drug to be dispensed in place of the Prescription Drug in the prescription or if the prescription solely lists the salt names instead of a specific brand name. You further acknowledge and accept that, in the absence of the above, the concerned Seller Pharmacy would not dispense a substitute drug in place of the Prescription Drug.

Buyer agrees and confirms that he/she is completely aware of the indications, side effects, drug interactions, effects of missed doses or overdose of the medicines the Buyer purchases through Pincode. It is imperative to seek professional advice from a medical practitioner before purchasing or consuming any medicine.

The Seller/PSSPL may maintain a record of the prescriptions uploaded by the Buyers.

Intellectual property rights

Pincode owns all intellectual property, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the "Content") on Pincode. All such Content is licensed to PSSPL and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on Pincode ("Marks") are the licensed property of PSSPL or owned by third parties. You are not permitted to use the Marks without the prior consent of PSSPL or the relevant third party (which is the owner of the Marks) respectively. Access or use of Pincode does not authorise any party to use trademarks, logo, or any other mark in any manner.

PSSPL disclaims to hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the Products.

There could be references on Pincode of any name, mark, services or products of third parties for Your convenience, and in no way constitutes Pincode's endorsement, sponsorship or recommendation of such third party name, mark, services or products, whether express or implied.

Disclaimer of warranties & liability

You expressly understand and agree that, to the maximum extent permitted by applicable law:

Pincode and other Content are provided by Pincode on an "as is" basis without warranty of any kind, express, implied, statutory, or otherwise, including the implied warranties of title, non-infringement, merchantability, or fitness for a particular purpose. Without limiting the foregoing, PSSPL makes no warranty that Pincode or Pincode Services will meet Your requirements, or Your use of Pincode will be uninterrupted, timely, secure, or error-free. No advice or information, whether oral or written, obtained by You from PSSPL shall create any warranty not expressly stated in the T&C.
PSSPL will not be liable for any loss that You may incur as a consequence of unauthorized use of Your Account or Account information in connection with Pincode either with or without Your knowledge.
PSSPL has endeavoured to ensure that all the information on Pincode is correct, but PSSPL neither warrants nor makes any representations regarding the quality, accuracy or completeness of any data, information regarding the Pincode Services or otherwise. PSSPL shall not be responsible for the delay or inability to use Pincode or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities, and related graphics obtained through Pincode, or otherwise arising out of the use of Pincode, whether based on contract, tort, negligence, strict liability or otherwise. Further, PSSPL shall not be held responsible for non-availability of Pincode during periodic maintenance operations or any unplanned suspension of access to Pincode that may occur due to technical reasons or for any reason beyond PSSPL's reasonable control.
While PSSPL has made best efforts to display the colours of the Product image on Pincode as accurately as possible. However, the actual colours of the Products You see will depend on Your device, and PSSPL does not provide any guarantee in respect of such display and will not be responsible or liable for the same.

Indemnification and limitation of liability

You shall indemnify and hold harmless PSSPL, its entities, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees ("Indemnitees"), from any claim or demand, or actions including reasonable attorneys' fees, made by any third party or penalty imposed due to or asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You pursuant to these T&C and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of Pincode, any misrepresentation with respect to the data or information provided by You, Your violation of the T&C and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.

In no event shall PSSPL and its directors, officers, partners, consultants, agents, and employees and its third party partners, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to Pincode or Content on Pincode.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable laws.

Violation of these T&C

You agree that any violation by You of these T&C will likely cause irreparable harm to PSSPL, for which monetary damages would be inadequate, and You consent to PSSPL obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that PSSPL may have at law or in equity.

Suspension and termination

These T&C will continue to apply until terminated by either You or PSSPL as set forth below.

If You object to the T&C or are dissatisfied with Pincode, You may (i) close Your Account on Pincode; and/or (ii) stop accessing Pincode.
PSSPL may delist You or block Your future access to Pincode or suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You have violated any term of these T&C or the Privacy Policy or in any way otherwise acted unethically. Notwithstanding anything in this Clause, all terms which by their nature are intended to survive such termination, will survive indefinitely unless and until PSSPL chooses to terminate them.
Any such termination under clause as stated above shall not cancel Your obligation to pay for a Product purchased on Pincode, or any other obligation which has accrued, or is unfulfilled and relates to the period, prior to termination.
You shall be liable to pay any fees or charges, if applicable in respect of the Pincode Services until the date of termination by either party whatsoever.

Governing law and jurisdiction

These T&C shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Bangalore, India.

Grievance redressal mechanism

For any order related issue, You may first reach out to Us via chat support on Pincode for real time basis resolution. You may also register a complaint on[email protected] and We will strive to resolve Your order related grievance within the timelines prescribed under applicable laws.

If You still have any grievances, or complaints or concerns with respect to Pincode or order or are not satisfied with the resolution, the Content, or the Pincode Services, You can contact the designated grievance cum Nodal Officer of the Company. Details of the Grievance cum Nodal Officer is provided hereunder, in accordance with the Information Technology Act, 2000 and the rules made thereunder and (2) Consumer Protection (E-Commerce) Rules 2020 and rules made thereunder:

Contact:

Principal Nodal Officer - Mayank Bagaria

Email:[email protected]

Address: Office-2, Floor 4,5,6,7, Wing A, Block A, Salarpuria Softzone, Service Road,

Green Glen Layout, Bellandur, Bengaluru, Karnataka-KA, Pin- 560103

Working hours: Mon-Fri 10 am to 7 pm

The Grievance Officer of PSSPL shall endeavour to acknowledge the User grievances, or complaints or concerns with respect to Pincode, the Content, or the Pincode Services, within 48 hours of receipt of the same and shall endeavour to redresses the same at the earliest and in no event later than 30 (thirty) days of receipt of such request. By lodging a complaint or grievance, You agree to provide complete support to the grievance officer and such reasonable information as may be sought by them from You.

If the grievance is still not resolved to Your satisfaction, then You may opt for resolution via the Online Dispute Resolution (“ODR”) process, as provided for under the ONDC policies, provided that You opt for ODR within the specified time period as per ONDC policies, beyond which the issue may be recorded as closed by PSSPL.

Communications

PSSPL and its entities may communicate with You on the contact information that You may have provided to Us during the course of Your engagement, including but not limited to signup, transacting or availing any third party Products on Pincode.

We will send You communication alerts via emails or SMS or push notifications or via other progressive technology. You also agree that there can be disruption in communications due to factors that are not under Our control, including but not limited to Your phone being switched off, incorrect email address, network interruptions. You agree not to hold PSSPL liable for non-delivery for any alert or any loss suffered by You due to delay, distortion or failure of communication.

You further acknowledge that You are responsible for the contact details shared with Us and shall update Us on any change on Your contact details. You authorize Us to contact You and communicate with You for any Pincode Service or offer(s). We may use third party service providers to send alerts or communicate with You. You authorize PSSPL and its entities to override the do not disturb settings to reach out to You over calls, SMS, emails and any other mode of communication.

General provisions

Notice: All notices from PSSPL will be served by email to Your registered email address or by messaging app on the registered mobile phone number or by general notification on Pincode.

Assignment: You cannot assign or otherwise transfer any rights granted hereunder to any third party. PSSPL's rights under these T&C are freely transferable by PSSPL to its successor or any third party without the requirement of seeking Your consent.

Severability: If, for any reason any provision of the T&C, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the T&C shall continue in full force and effect.

Force Majeure: PSSPL and/or Pincode shall not be liable to You for its failure to perform or for delay in providing You access to Your Account or to Pincode or any Pincode Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.

Waiver: If You breach these T&C and We take no action, We will still be entitled to use Our rights and remedies in any other situation where You breach these conditions.