GFDN Services Private Limited, a private limited company registered under the provisions of the Companies Act, 2013 and having its registered office at P28, Ashiana SilverCrest Uppal Southend Sohna Road Gurgaon, Haryana-122004, hereinafter referred to as "GramFactory" or "We" or "the Company". The Company owns “PepperTap” as its trademark and "business.PepperTap.in" is its domain name.
Please feel free to reach out to us at our Customer Care helpline: +91 9319404555
This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011. Our Services on the Website are available only in India, we do not recommend use of any data outside the territory of India for whatsoever purpose. If any User access our website outside India, the User understands and agrees to comply with the law of the Country from where he is accessing any such data. The User Agreement may be updated from time to time by the Company without notice. It is therefore strongly recommended that you review the User Agreement, as available on the Website, each time you access and/or use the Website.
The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Website at any point in time.
Our Website is a platform designed for domestic consumers to transact with third party sellers who have been granted access to the Website to display and offer products for sale through the Website. For abundant clarity, the Company does not provide any services to users other than providing the Website as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing. You can order FMCG products/groceries from anywhere at any time of the day and get delivery at your doorstep.
The Company disclaims all warranties and liabilities associated with any products offered on the Website. Services on the Website are available to only select geographies in India and are subject to restrictions based on business hours and days of third-party sellers.
Transactions through the Website may be subject to a delivery charge where the minimum order size is not met. You will be informed of such delivery charge at the stage of check-out for a transaction through the Website.
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use/access the Website.
Our Website is intended to be a platform for end consumers who are desirous of purchasing products for domestic self-consumption. If you are a retailer, supplier, vendor, wholesaler, or any other business user, you are not eligible to use our Website to purchase products.
The Company, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, or refuse to permit use/access to the Website, if: (i) it is discovered or brought to notice that you do not confirm to the eligibility criteria, or (ii) the Company has reason to believe (including through evaluating usage patterns) that the eligibility criteria is not met/is violated by a user, or (iii) may breach the terms of this User Agreement.
In order to determine compliance with eligibility criteria, the Company inter alia uses both manual verification and/or an algorithm and/or pre-determined criteria based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine domestic user of the Platform, please contact us for assistance.
License & Access
The Company grants you a limited, non-assignable, revocable license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it. Such limited sublicense does not include/permit any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools. The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of the Company. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website or of the Company and/or its affiliates without the express prior written consent of the Company. You may not use any meta tags or any other “hidden text” utilizing the Company’s name or trademarks without the express prior written consent of the Company. You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, ‘password mining’ or any other illegitimate means.
You hereby agree and undertake not to host, display, upload, modify, publish, transmit, update or share any information
belongs to another person and to which you do not have any right;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever;
harms minors in any way;
infringes any patent, trademark, copyright or another proprietary/intellectual property rights;
violates any law for the time being in force;
deceives or misleads the addressee about the origin of such messages communicates any information which is grossly offensive or menacing in nature;
impersonates another person;
contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
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 cognizable offense or prevents investigation of any offense or is insulting any other nation;
is misleading or known to be false in any way.
Any unauthorized use shall automatically terminate the permission or sub-license granted by the Company.
Account & Registration Obligations
The Company aims to ensure that prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors or incorrect product information provided to the Company by third-party seller. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability.
Subject to the foregoing, the price mentioned at the time of ordering a product shall be the price charged at the time of delivery, provided that no product offered for sale on the Website will be sold at a price higher than its MRP (Maximum Retail Price).
Coupons and Promo Codes
From time to time, the Company may at its discretion offer a user promotional codes or coupons entitling you to encash the applicable value of such codes/coupons against purchases made on the Website. Unless specifically stated on the code or coupon, a promotional code or coupon shall:
Expire at 12:00 AM (inclusive of the issuance date) from the date of issuance endorsed thereon;
Have a maximum discount or cashback value of INR 200.00 only.
At the time of using promotional codes and coupons for a purchase on the Website, the payment mode “cash on delivery” shall not be available for making payments towards the order.
You Agree and Confirm
That in the event any product delivery is delayed or is returned from its destination on account of a mistake by you (e.g. providing the wrong name or address or other incorrect/misleading information), any additional costs incurred by the Company for re-delivery of the product(s) shall be borne by you.
We will not be held responsible for any delay or failure to make delivery of your order if the delay or failure arises from any cause which is beyond our reasonable control.
You agree to use the services provided by the Company for lawful purposes only, and comply with all applicable laws and regulations while using/accessing and transacting on the Website.
You will provide authentic and true information in all instances where any information is requested of you. The Company reserves the right to confirm and validate the information and other details provided by you at any point of time.
If at any time, the information provided by you is found to be false or inaccurate (wholly or partly), the Company shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.
You are accessing the services made available by the Company and transacting at your sole risk and are using your best and prudent judgement before entering any transaction through the Website.
Before placing an order, you acknowledged to have checked and reviewed the product description carefully and in sufficient detail. By placing an order on the Website, you agree to be bound by the conditions of sale included in the item’s description without exception.
Notwithstanding the right of the Company on cancellation of the order, any Product in the order may be replaced by the Company in case of unavailability or for other reasons outside the control of the Company, subject to you may refuse to accept such replacement/substitute product. For such cancellations, the Company will refund the payment of the order/product, if any, made by you under the relevant order within 72 hours of raising a complaint.
Reviews, Feedback, Submissions
All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Website or otherwise disclosed, submitted or offered in connection with use of the Website (collectively, the Comments) shall be and remain the property of the Company. Such disclosure, submission or offer of any Comments shall constitute an assignment to the Company of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, the Company shall exclusively own all such rights, titles and interests in the Comments and shall not be limited in any way in its use, commercial or otherwise.
Further, any reliance placed on Comments available on the Website from a third party shall be at your sole risk and expense.
Copyright & Trademark
The Company, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Website. Access to or use of the Website does not confer and should not be considered as conferring upon anyone any license, sub-license to the Company’s intellectual property rights. All rights, including copyright, in and to the Website are owned by or licensed to the Company. Any use of the Website or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of the Company.
You may not modify, distribute or re-post anything on the Website for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of the Company, its affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Website. Access to or use of the Website does not authorize anyone to use any name, logo or mark in any manner. References on the Website to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply the Company’s endorsement, sponsorship or recommendation of the third party, the information, its product or services.
The Company 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 a link of any third-party websites, you do so entirely at your own risk and expense.
You understand that by using the Website or any services provided on the Website, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Website and any service at your sole risk and that to the fullest extent permitted under applicable law, the Company and its affiliates shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.
Exclusion of Warranties
The Website is provided without any warranties or guarantees. You must bear the risks associated with the use of the Website.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED IN "AS IS" AND "AS AVAILABLE" FORM.
IN PARTICULAR, Our Company, its partners, agents, licensors, suppliers, or their respective directors, franchisees, officers, or employees of them, and its subsidiaries and affiliates, DO NOT REPRESENT OR WARRANT TO YOU THAT:
YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, AND
THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
THIS WEBSITE FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
OUR COMPANY, its affiliates, partners, agents, suppliers, or their respective directors, franchisees, officers, or employees shall not be liable for any incidental, special, consequential or exemplary damage, cost or expenses incurred due to ( but not limited to); monetary loss, loss of goodwill, data or other intangible losses arising directly or indirectly out of or in connection with the Website, its services or delay in performing any obligation under this contract by reason of any event or circumstances outside the reasonable control of Our Company, including but not limited to: strikes, industrial action, failure of power supplies or equipment, government action or an act of God. This clause shall survive the expiry or termination of this User Agreement.
You agree to defend, indemnify and hold harmless the Company, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon a breach of any warranty, representation or undertaking in this User Agreement, or arising out of a violation of any applicable law (including but not limited in relation to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights).
Limitation of Liability
The aggregate liability of the Company, if any, that is established and ordered by a court of competent jurisdiction pursuant to a claim, shall in no event extend beyond refund of the money charged from a user for purchases made pursuant to an order under which such liability has arisen and been established.
It is acknowledged and agreed that notwithstanding anything to the contrary, the Company shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
This User Agreement is effective unless and until terminated, either by you or by the Company. You may terminate this User Agreement at any time, provided that you discontinue any further use of the Website. The Company may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website.
The Company’s right to any comments and to be indemnified pursuant to the terms hereof, shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for product(s) already ordered from the Website or affect any liability that may have arisen under the User Agreement prior to the date of termination.
Governing & Jurisdiction
The User Agreement shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
Any dispute or difference, whether on the interpretation or otherwise, in respect of any terms hereof shall be referred to an independent arbitrator to be appointed by the Company. Such arbitrator’s decision shall be final and binding on the parties. The arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996, as amended or replaced from time to time. The seat of arbitration shall be Gurgaon and the language of the arbitration shall be English.
Subject to the aforesaid, the Courts at Gurgaon shall have exclusive jurisdiction over any proceedings arising in respect of the User Agreement.
Mr. Amit Lakra (Grievance Officer)
GFDN Services Private Limited
DesqWorx, Unitech Club Patio,
Block E, South City I, Sector 41,
Gurugram, Haryana 122022.
Email address: [email protected]