This privacy policy ('Privacy Policy') and the Terms & Conditions ("Terms") set out below governs your use of all the Applications/Websites/Services. Please note that for the purposes of the Privacy Policy and the Terms:
In consideration for the Service(s) offered by OnlineKar to the Shop Partner, the Shop Partner undertakes to pay OnlineKar, Fee for customer, marketing and platform (“CMP Fee”) as set out in the Form. For clarity, the CMP Fee is an independent fee payable by the Shop Partner to OnlineKar for the Services provided under the Program.
OnlineKar will transmit the Orders placed by the Customer with the Shop Partners as per below:
Shop Partners having Tablet or OnlineKar Device with pre-loaded Merchant Application or receiving Orders through a third party point of sale system or OnlineKar API or a OnlineKar provided web dashboard, Order transmission on a real time basis; or
Shop Partner Device having the Merchant Application.
Where transmission of Order is to the Shop Partner owned device without Merchant Application, OnlineKar’s Service Operator shall communicate Customer Order to the Shop Partner (through SMS and/or phone call) and communicate Shop Partner response with respect to (i) acceptance / rejection of Order; (ii) delivery time; (iii) no-response from Shop Partner or any such information as may be made available by OnlineKar from time to time; to the Customer through Customer Application.
OnlineKar will redress the Customers and the Shop Partner’s complaints in respect of the functioning of the Platform and/or the Tablet or OnlineKar Device (as the case may be).
For the avoidance of doubt it is hereby expressly clarified that OnlineKar is only responsible for providing (i) a Platform to the Shop Partner to list, offer and sell the Shop Services to the Customers and that OnlineKar will not be responsible or liable for (i) the quality of the Shop Services listed and advertised on the Platform; and/or (ii) the processing of the Orders which have been placed by the Customers with the Shop Partner on the Platform; and/or (iii) any delay in preparation of the Order by Shop Partner.
OnlineKar shall not be responsible or liable for the delivery of Orders or any issues associated therewith unless; where the Shop Partner has opted for Logistics Services, OnlineKar shall not be responsible to tally the number of items ordered against the Order received. Shop Partner acknowledges and agrees that OnlineKar shall not be responsible for quality or quantity (if the packet of the Order is not tampered with during delivery) of the Order and the Shop Partner shall be solely responsible for the quality and quantity of the Order
In the event Shop Partner opts for Logistics Services, Shop Partner acknowledges and agrees that delivery will not be facilitated by OnlineKar through a Delivery Partner. Shop Partner understands and agrees that OnlineKar shall not be responsible if the Delivery Partner indulges in theft of the Order or indulges in any illegal activity or misconduct against/with the Customer(s) and / or the staff of Shop Partner or indulges in any vandalism activity against the Shop Partner and/or the Shop. Shop Partner may not at its sole discretion charge Delivery Charges and Delivery Surge from Customer for delivery of the Order.
Shop Partner shall ensure that all mandatory information pertaining to taxes, levies, and charges applicable on the Order(s) are clearly visible to the Customers on their invoice issued for any supply other than Shop Service, as per the applicable laws.
The Shop Partner must be obligated to turn off “Accepting Delivery” feature on its online ordering mechanism whenever the Shop Partner is unable to provide Shop Services to the Customer.
Shop Partner grants to OnlineKar an unrestricted, non-exclusive, royalty-free licence in respect of all Content (defined hereinabove) and Information provided to OnlineKar by the Shop Partner for the purposes of inclusion on the Platform and as may be otherwise required under the Form. This includes, but is not limited to, (a) use of the Shop Partner’s name in the context of Google adwords to support advertising and promotional campaigns to promote online ordering on internet which may be undertaken by OnlineKar (b) preparation of derivative works of, or incorporate into other works, all or any portion of the marketing materials which will be made by OnlineKar for the purposes of its business.
Any Content, information or material that the Shop Partner transmits or submits to OnlineKar either through the Platform or otherwise shall be considered and may be treated by OnlineKar as nonconfidential, subject to OnlineKar’s obligations under relevant data protection legislation
The Shop Partner also grants to OnlineKar a royalty-free, perpetual, irrevocable, non-exclusive license to use, copy, modify, adapt, translate, publish and distribute world-wide any Content, information or material for the purposes of providing Services under these Terms or to or for the purposes of advertising and promotion of the Platform. The Shop Partner agrees that all Content, information or material provided to OnlineKar that is published on the Platform, may be relied upon and viewed by Customers to enable them to make informed decisions at the pre-purchase stage.
Relationship: You acknowledge that your participation on the Application does not make you an employee or agency or partnership or joint venture or franchise of the OnlineKar.
The OnlineKar provides these Terms so that you are aware of the terms that apply to your use of the Website/Application and Services. You acknowledge that, the OnlineKar has given you a reasonable opportunity to review these Terms and that you have agreed to them.