Delibo

Terms & Conditions

Delibo has become an invaluable asset in residential apartments, transforming the way package deliveries and pickups are managed.

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

1. ACCEPTANCE OF TERMS

PRANATH TECHNOCRAFT PRIVATE LIMITED HAVING ITS OFFICE AT NO.5, FIRST FLOOR, GAJAPATHY LALA STREET, TRIPLICANE,CHENNAI, TAMIL NADU, INDIA  (HEREINAFTER REFERRED TO AS “PRANATH ”, “WE”, “US” OR “OUR”), ON BEHALF OF ITSELF AND ITS AFFILIATES/GROUP COMPANIES UNDER THE BRAND ‘DELIBO’, OPERATES THE WEBSITE [WWW.DELIBO.IO] AND THE MOBILE APPLICATION [HTTPS://PLAY.GOOGLE.COM/STORE/APPS/DETAILS?ID=COM.DELIBO.APP] (TOGETHER REFERRED TO AS “PLATFORM”).

THIS DOCUMENT IS A LEGALLY BINDING DOCUMENT BETWEEN REGISTERED OR UNREGISTERED USER OF THE PLATFORM (HEREINAFTER REFERRED TO AS “YOU”/ “YOUR”/ “USER”) AND US IN RELATION TO THE USE OF THE PLATFORM AND SET FORTH THE TERMS AND CONDITIONS BY WHICH YOU MAY ACCESS AND USE THE PLATFORM AND OUR RELATED WEBSITES, DELIBO SERVICES, APPLICATIONS, PRODUCTS AND CONTENT (“SERVICES”).

THE TERMS OF THIS DOCUMENT WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY IN ELECTRONIC FORM, BY CLICKING ON THE “I AGREE” TAB OR BY USE OF THE PLATFORM AND/OR BY CREATING A REGISTERED ACCOUNT ON THE PLATFORM (HEREINAFTER REFERRED TO AS “ACCOUNT”) AND WILL GOVERN THE RELATIONSHIP BETWEEN YOU AND US FOR YOUR USE OF THE PLATFORM AND THE SERVICES RENDERED THEREIN.

THIS DOCUMENT IS AN ELECTRONIC RECORD IN TERMS OF INFORMATION TECHNOLOGY ACT, 2000 AND RULES FRAMED THEREUNDER, AS APPLICABLE AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000. THIS ELECTRONIC RECORD IS GENERATED BY A COMPUTER SYSTEM AND DOES NOT REQUIRE ANY PHYSICAL OR DIGITAL SIGNATURES.

PLEASE READ THIS DOCUMENT CAREFULLY. BY USING THE PLATFORM AND OUR SERVICES, YOU INDICATE THAT YOU UNDERSTAND, AGREE AND CONSENT TO THIS DOCUMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THIS DOCUMENT, PLEASE DO NOT USE THIS PLATFORM. YOU HEREBY PROVIDE YOUR UNCONDITIONAL CONSENT OR AGREEMENTS TO US AS PROVIDED UNDER SECTION 43A AND SECTION 72A OF THE INFORMATION TECHNOLOGY ACT, 2000 TO ACCESS AND USE YOUR PERSONAL INFORMATION THAT YOU HAVE VOLUNTARILY PROVIDED TO US IN CONNECTION WITH THE USE OF THE PLATOFRM AND THE SERVICES.

By providing Us Your information or by making use of the Platform and Services provided therein, You hereby consent to the collection, storage, processing, and transfer of any or all Personal Information (defined in Our privacy policy) and Non-Personal Information by Us as specified under this document and further agree that such collection, use, storage, and transfer of information shall not cause any loss or wrongful gain to You or any other person.

You must be at least eighteen (18) years or older to access and use the Services provided in the Platform. 

Your access to the Platform and use of Our Services is subject to Our Privacy Policy and Shipping Policy the terms of the privacy policy and Shipping Policy can be found directly on the Platform and are incorporated herein by reference. You agree that all agreements, notices, disclosures, and other communications We provide to You electronically satisfy any legal requirement that such communications be in writing.

Before You use or subscribe to, and/or begin participating in or using the Platform, it is represented and warranted that You as the User of the Platform has or have fully read, understood, and accept the terms of use as updated from time to time without any notice to You. You are advised to review this terms of use periodically for any updates. We shall take reasonable efforts to notify You regarding the amendments to the terms of use through a notice on the Platform. Your continued access to the Platform and/or use of the Services from the date of updated terms of use shall be deemed to Your acceptance of the updated Terms of Use. If the You do not agree to or wish to be bound by the updated terms of use, You may not access to or otherwise access the Platform or use the Services.

We may, from to time, release new versions of the Platform, or release/introduce new and additional scope of Services which will be subject to this terms of use, and any additional terms of service as may apply to such additional new version of services. However, the information with regards to the same shall be intimated to You through the Platform or any other mode communications.

2. DELIBO SERVICES

We, Our affiliates, successors, or assignees own and operate the Platform and offer storing and safekeeping services of goods/commodities/packages delivered, returned or exchanged to You (“Packages”) with the aid of the Platform, through the following:

  1. Private Delibo: A Smart Locker located in a private premises, which is solely used by pre-registered Users of the Platform.
  1. Public Delibo: A Smart Locker located in a public premises, which is used by any Users of the Platform.

For the purpose of this terms of use, (i) the services rendered through a Private Delibo and Public Delibo shall be collectively referred as “Delibo Services” and (ii) “Smart Locker shall mean a secured electronic locker system with individual compartments and intuitive touch screen interface owned and established by Us in Your residential / office premises or any public places (“Premises”), as the case may be. 

Booking & Cancellation Policy:

You can book a locker using our website or app. Payment is required at the time of booking, Delibo Services can be availed by You in the following ways:

  1. Instant Delibo: You or the delivery agent can book the Delibo Services to store Package through the Platform or the interface of the Smart Locker, as the case maybe, for a maximum period of 3 months.
  1. Rental Delibo: You can book the Delibo Services to store Package through the Platform for a period of more than three months on rental basis.   

Cancellations: Our cancellation policy also varies depending on the booking type:

Instant Bookings: Cancellations are not possible for instant bookings. This is because instant bookings allow immediate access to the locker upon payment.

Rental Bookings: You can cancel your rental booking and receive a full refund if you do so at least 8 hours before your booking time. After 8 hours of your booking time, cancellations are not possible.
(Please note: Once you have unlocked the locker at least once during your rental booking, cancellations are no longer possible.)

Access Policy 

Access Duration: Lockers can be only accessed for the booked duration. 

Extension Policy: Extensions may be available based on locker availability, but additional fees may apply. 

Refunds

Locker Booking Refunds: We strive to provide a reliable service. However, we understand that situations may arise where a refund is necessary. Here’s how our refund policy applies to locker bookings:

Full Refunds: You will receive a full refund within 5-7 working days if:

The locker malfunctions and you cannot access your belongings.

We cancel your booking due to unforeseen circumstances (e.g system outage).

Rental Bookings:

Cancellations made at least 8 hours before your booking time will receive a full refund within 5-7 working days

Cancellations made within 8 hours of your booking time (considered late cancellations) will not be refunded. 

No-shows: Failing to access the locker during your booked rental time will also not be refunded.

Instant Bookings:

Due to immediate access upon payment, cancellations and refunds are not available for instant bookings.

Further, We agree and acknowledge that We shall be responsible for setting up and configuration of the Smart Locker at Your Premises, subject to payment of relevant fee for such setting up and configuration of the Smart Locker by the management or association of Your Premises. 

We reserve the right to remove the Smart Locker from the Premises in case of termination of the engagement with the management/association of the Premises for any reason whatsoever and/or can limit or discontinue access of the Delibo Services at any time. Further, We shall not be liable for any loss, damage, claims that You may incur pursuant to such limit or discontinuance of access to the Delibo Services.

We acknowledge that We shall maintain a separate reports and records in relation to the number of Packages received, dispatched, exchanged and returned pursuant to the Delibo Services availed by You. 

You hereby agree and acknowledge that you will read and understand the “List of Prohibited Items” displayed on the Smart Locker before the usage of it. Specifically, You agree and acknowledge that You shall not store any prohibited items in the Smart Locker, such as explosives, fire causing agents, drugs, animal or human corpus etc. 

3. DEMO

You shall be provided with a product demo for You at Our site or Your Premises, to determine whether to avail Delibo Services. We shall reserve the right to provide another set of demos to You for better understanding of Delibo Services. After such demo(s) and if You wish to sign up for Delibo Our Services, You are required to create an Account to avail the Our Delibo Services.

4. PROCEDURE FOR SIGNING UP, ACCOUNT REGISTRATION AND MAINTENANCE OF ACCOUNT:

As a pre-condition to use the Delibo Services, You are required to register and log in to the Platform by submitting Your phone number for verification purposes and upon such registration , We shall send a one-time password (“OTP”) to Your registered phone number. Further, by entering the OTP on the Platform sign-up page, an Account on the Platform shall be created and You shall become a registered Account holder of the Platform by registering in the manner prompted on the Platform with such other information that may be sought from You such as name, email id, address, Master Pin (“Registration Data”). For the purpose of this terms of use, “Master Pin” is a 6-digit code created by You during the registration process, to remove the Packages from the Smart Locker.

Upon, completion of the registration process and approval of Our designated facility manager, You can use Your mobile number, the OTP sent to You and/or the Master PIN (Login Credentials) for the purpose of availing the Delibo Services and accessing Smart Locker. 

This terms of use shall be effective on the date at which time the Account is created and verified. You shall inform us promptly of any changes to the information provided by You, by updating the details, for effective communication. You acknowledge that if any Registration Data provided by You is untrue, inaccurate, not current, or incomplete, We reserve the right to indefinitely suspend or terminate or block access of Your Account on the Platform.

While creating the Account, You agree:

  1. to restrict access by any other person or entity other than the authorised representatives to Your Login Credentials,
  2. to not knowingly use the name or email of any other person without authorization,
  3. to not use an email or profile name that is profane, offensive, or otherwise inappropriate,
  4. to not allow any third party to use Your Login Credentials, except the registered phone number and the OTP generated, which are provided by you to the agent handling the Smart Locker who shall deliver, return or exchange the Packages.
  5. to not allow any third party to use Your Registration Data or Account, 
  6. to notify Us of any activities in your Account even if such activities are not committed by You.

We may modify or add to the Registration Data information fields required to create an Account from time to time. You agree to promptly complete any such additional or modified information fields when and as requested by Us. Your registration with Us is subject to Our confirmation and will become valid when We either confirm Your registration or activate Your Account.

We will have the right to use Your Registration Data in connection with servicing and operating the Platform and in other manners as set forth in more detail in this terms of use and Our privacy policy.

Password & Security

You must keep Your Login Credentials confidential and must not disclose it or share it with anyone. You are responsible for preventing unauthorised use of Your Login Credentials. If in any circumstance, You believe that there has been a breach of security such as disclosure, theft, or unauthorised use of Your Login Credentials, You must notify Us immediately. If We reasonably believe that Your Login Credentials is being used in any way which is not permitted by this terms of use, We reserve the right to suspend access rights immediately on giving notice to You and to block access from Your Login Credentials until the issues has been resolved.

Third Party Communications

While registering the Account on Our Platform, You provide Us with Your contact details including Your email address. You hereby affirmatively consent to the use of Your email address for notifications from Us regarding important service announcements and other administrative communications related to Your use of the Platform, as well as certain marketing and other advertising communications from Us and from Our third-party advertising partners. You may opt out of receipt of certain notifications; however, there are certain services and administrative notification which You cannot opt out the receipt of it. You do not wish to receive such notifications related to the Platform, Your only way to opt out of such messages is to stop using and delete the Platform. We disclaim liability for any communications directed to You from any third party directly or indirectly in connection with the Platform that You may receive and any actions You may take or refrain from taking as a result of any such third-party communications and assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or content of any such third-party communications.

Termination to Platform Access & Deletion of Account

We reserve the right to disable Your Account at any time a) if You have failed to comply with any of the provisions of these terms of use; b) if activities occur on Your Account which, in Our sole discretion, would or might cause damage to Us and/or the Platform; c) impair the Services or infringe or violate any third-party rights, or violate any applicable laws or regulations; d) if You have engaged in conduct that We determine to be inappropriate or unacceptable in Our sole discretion; e) or for any other reason whatsoever.

We may also disable Your Account or suspend or terminate Your access to the Platform if You file any claim against Us or file any claim that involves the Platform. We also reserve the right, in Our sole discretion, to seek and obtain any other remedies available to Us pursuant to any applicable laws and regulations or at equity as a result of Your breach of this terms of use or any other act or omission by You that gives rise to a claim by Us, and Our disabling of Your Account or suspension or termination of Your use of, or access to, the Platform shall be without prejudice to, and shall not be deemed a waiver of, the foregoing.

If We terminate, limit, or suspend Your right to use the Platform, You are prohibited, without Our prior written consent, from registering and creating a new Account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. 

In the event Your right to use the Platform terminated, limited, or suspended, this terms of use will remain in effect and enforceable against You.

You may terminate Your Account at any time, for any reason, by sending an email request to hello@newdelibo.delibo.in. Upon receiving such request for termination, We shall review the respective Account in relation to the pending Fee. Only after the completion of such review, We shall terminate the Account from the Platform. However, You must note that We reserve the right to retain Your Registration Data in an anonymous form, and any other information provided on an “as-is” basis as part of statutory requirement.

Notwithstanding anything contained in this terms of use, all clauses of this terms of use which by their nature should survive the expiration or termination shall continue in full force and effect subsequent to, and notwithstanding the expiration or termination of this terms of use.

Your Consent

You acknowledge and give Your full and unconditional consent to:

  1. Your Account Information being permanently retained on a computer database that shall be maintained, owned, and controlled by Us.
  1. Your Account Information being shared with any other third-party entity that enters into a commercial relationship with Us. 
  1. Your Account Information being shared in its original form, or as part of or aggregated form, with other third-party entities. 
  1. Your Account Information being shared with Our partners, licensors and affiliates.
  1. Receive from Us Telephone calls, text messages regarding Our Services, including promotional calls and messages regarding Our Services, and updates to Our products, provided You provide Your mobile number or any other contact information (“Mobile Contact Number”) while creating an Account or interacting with Us.

5. PAYMENT TERMS

Access to the Platform: You agree and acknowledge that the access to the Platform shall be free of charge. 

Storage Fee: The pricing model for the Storage Fee of a Private Delibo and the complimentary hours for storage of Packages in Private Delibo shall be as per the agreement between Us and the owner or management of the Premises.It is further agreed and understood that You shall be able to unlock the Smart Locker only after payment of such Storage Fee as maybe agreed. Further, You agree and acknowledge that in the event You fail to retrieve the Packages from the Smart Locker within the agreed timelines , We reserve the right to retrieve the Packages from the Smart Locker and hand it over to the concerned representative of Your Premises. 

The Storage Fee shall be paid based on the number of hours for the use and storage of a Package in a Public Delibo and the same shall be intimated to You at the time of booking a Public Delibo. 

For the purpose of this terms of use, “ Storage Fee” shall mean the fee payable by You for the use of the Smart Locker for the storage of Packages as agreed between You and Us. 

Rental Fee: In the event You are booking a Rental Delibo, You shall be liable to pay a rental fee in advance through the Platform for such period for which the Rental Delibo is booked. Further, You agree and acknowledge that in the event of the expiry of the rental period and You fail to retrieve the Packages from the Smart Locker, We reserve the right to retrieve the Packages from the Smart Locker and hand it over to the concerned representative of Your Premises.

We allow authorisation of payment on Our Platform through the following payment services: 

  1. Billdesk

We accept following payment methods through the above-mentioned payment services: 

  1. Credit Cards: Domestic and International Visa, MasterCard, and American Express credit cards.
  2. Debit Cards
  3. Net banking
  4. UPI

Further, any fee paid hereinunder are non-refundable and such fee do not include any applicable taxes. You agree to pay applicable direct or indirect taxes associated with the Delibo Services, which, to the extent We are legally required to collect the same, will be intimated to You.

6. PLATFORM ACCESS AND USE OF SERVICES

You shall not use the Platform or the Services therein to host, display, upload, modify, publish, transmit, store, update or share any information that: 

  1. belongs to another person and to which You do not have any right.
  1. is defamatory, obscene, pornographic, pedophilic, invasive of any third-party’s privacy, including bodily privacy, insulting, or harassing on the basis of gender, libelous, racially, or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force.
  1. is harmful to child.
  1. infringes any patent, trademark, copyright, or other proprietary rights.
  1. violates any law for the time being in force.
  1. deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact.
  1. impersonates another person.
  1. 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.
  1. contains software virus or any other computer code, file or program designed to interrupt, destroy, or limit the functionality of any computer resource.
  1. 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.
  1. any unlawful information, which is prohibited under any law for the time being in force in relation to the interest of the sovereignty and integrity of India; security of the State; friendly relations with foreign States; public order; decency or morality; in relation to contempt of court; defamation; incitement to an offence relating to the above, or any information which is prohibited under any law for the time being in force.
  1. any private information of any third party, including addresses, phone numbers, email addresses or any personal identifiable information.

You agree to not use the Platform to:

  1. upload, post, email or otherwise make available or transmit any material that contains software viruses, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  1. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Service are able to type, or otherwise act in a manner that negatively affects other Users’ ability to engage in real time exchanges or to utilize the service on an as is basis as provided by Us;
  1. interfere with or disrupt the Platform or servers or networks connected to the Platform, or disobey any requirements, procedures, policies or regulations of networks connected to the Platform;
  1. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the Indian securities, exchange control and other regulatory authorities, any rules of any Indian securities exchange and any regulations having the force of law;
  1. commit any fraudulent or unlawful act, whether in relation to any third-party provider of products and services on the Service or otherwise;
  1. make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works of the Services or any content included therein, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied by the Services or any derivative works thereof
  1. distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof
  1. market, rent or lease the Services for a fee or charge, or use the Services to advertise, or perform any commercial solicitation. 
  1. use the Services, without our express written consent, for any commercial or unauthorized purpose, including communicating or facilitating any commercial advertisement or solicitation or spamming.
  1. incorporate the Services or any portion thereof into any other program or product. In such case, we shall have the right to terminate the Service and Your accounts or limit access to the Services, as the case may be, in our sole discretion.
  1. impersonate, or falsely state or otherwise misrepresent Your affiliation with any person, 
  1. infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
  1. use or attempt to another user’s/patient’s/practitioner’s account, service, or system, or create a false identity on the Services.
  1. use the Service to (a) sell any advertising, sponsorships, or promotions placed on, around, or within the Service or Content, other than those allowed by Us; or (b) sell advertising, sponsorships, or promotions on any page of any website or application that only contains Content from the Service or where Content from the Service is the primary basis for such sales.  

In addition to the above, You shall also be compliant to Our Privacy Policy as updated from time to time, a copy of which is available on our Platform.

In the event of non-compliance of this terms of use, We may (without notice to You), immediately terminate Your registration with Us and/or prevent Your access of the Platform and Services thereunder.

7. REPORTING

You agree that in the event of any glitch or technical error in the Smart Locker or the Platform and/or the User is not able remove the Package stored inside the Smart Locker (“Issues”), You shall immediately notify the same to Us at hello@newdelibo.delibo.in. Further, We acknowledge that We may resolve the Issues within 24 hours of reporting of the Issues (“Cure Period”). However, We do not warrant or guarantee or assume responsibility for the Issues continuing (if any) beyond the Cure Period.

8. INTELLECTUAL PROPERTY RIGHTS AND PLATFORM LICENSE

The copyright, database right and other intellectual property rights in the Platform, products and Services including without limitation all content included on the Platform, Registration Data, texts, graphics, logos, button icons, images, audios, clips, digital downloads, software, data compilations and technology used or appearing or transmitted through it (“Intellectual Property”), belongs to Us or Our affiliates or licensors and are protected by the laws of India and/or foreign countries. We and Our licensors reserve all rights not expressly granted in this terms of use. 

All software used on the Platform is Our Intellectual Property and is protected by Indian and international copyright laws.  

Subject to this terms of use and solely within the limits permitted by the Us herein, We grant You a limited, non-exclusive, revocable, royalty-free, non-transferable, non-assignable, non-sublicensable, right and license to access and make personal use of the Platform, the Services provided in the Platform. This license does not include any redistribution of resale or commercial use of the Platform.

You shall not re-utilise the Services of Our Platform or systematically extract any part of the content, use any robots, data mining or extraction tools for reutilization of Our Platform. Further, You shall not create publish anything that features parts of Our Platform (for example Our Services and its prices) without our prior written permission.

“Delibo”, Our logos, and local language variants of the foregoing trademarks, and certain product names that appear on this Platform (collectively, the “Delibo Marks”), are trademarks or registered trademarks of Delibo Marks. Except as expressly provided in this terms of use or as expressly authorized in writing by the Us, You shall not use any Delibo Marks or Delibo’s Intellectual Property either alone or in combination with other words or design elements, including, in any press release, advertisement, or other promotional or marketing material or media, whether in written, oral, electronic, visual, or any other form.

References to other parties trademarks on this Platform including but not limited to Our payment service providers and other service providers are for identification purposes only and do not indicate that such parties have approved this Platform or any of its Services. This terms of use do not grant You any right to use the trademarks of such other third parties.

9. REPRESENTATIONS AND WARRANTIES

You represent and warrant that:

  1. You are fully capable and competent to enter into this terms of use and that You have the right, authority, and capacity to enter into, and to be bound by, this terms of use and to abide by the terms and conditions contained herein, and that You will so abide.
  1. You shall not avail any of the Services beyond the contemplated functionality of the Services.
  1. You shall not attempt to gain unauthorized access to any of the Services or any networks, servers or computer systems connected to the Services. 
  1. You shall not avail any of the Services in a way that may damage or impair (i) the Services, or (ii) Our underlying systems and security.
  1. You shall not avail any of the Services in any unlawful manner, or in a manner which promotes or encourages illegal activity, including (without limitation) copyright infringement or data theft.
  1. You shall not use any intellectual property whether owned by Us or other third parties, including the copyrighted content displayed on the Platform for any personal or third-party gain, without Our express consent.
  1. You shall not modify, adapt, translate, or reverse engineer any part of the Services (e.g., by creating a shadow site or Platform that mirrors the said Services, or substantially mirrors said Services).
  1. You will not carry out any action or omit to do any action which will create liability for Us or cause Us to lose (in whole or in part) the Services of Our Internet service providers (ISPs) or other partners, suppliers, contractors, vendors.

10. CONFIDENTIALITY

Each Party acknowledges and agrees that in the performance of this terms of use it may have access to or may be exposed to, directly or indirectly, Confidential Information of the other Party.

Each Party acknowledges and agrees that: (a) all Confidential Information shall remain the exclusive property of the Disclosing Party; (b) it shall not use Confidential Information of the other Party for any purpose except in furtherance of the Agreement; (c) it shall not disclose Confidential Information of the other Party to any third party, except to its employees, officers, contractors, agents and service providers  on a need to know basis in connection with the Agreement, provided such permitted persons are bound in writing to obligations of confidentiality and non-use of Confidential Information no less protective than the terms hereof; and (d) it shall return or destroy all Confidential Information of the Disclosing Party upon the termination of the Agreement or at the request of the Disclosing Party (subject to applicable law and, with respect to Us and Our internal record-keeping requirements). 

Notwithstanding the foregoing, Confidential Information shall not include any information to the extent it: (a) is or becomes part of the public domain through no act or omission on the part of the Receiving Party; (b) was possessed by the Receiving Party prior to the date of signing up on the Account without an obligation of confidentiality; (c) is disclosed to the Receiving Party by a third party having no obligation of confidentiality with respect thereto; or (d) is required to be disclosed pursuant to applicable law, court order, subpoena or governmental authority, provided the Receiving Party notifies the Disclosing Party thereof and provides the Disclosing Party a reasonable opportunity to contest or limit such required disclosure.

For the purpose of clarity, “Confidential Information” means any or all information including but not limited to information that is exchanged through this platform between the parties and other information which are considered to be confidential.

For the purpose of clarity, “Disclosing Party” means the Party disclosing its Confidential Information under this Agreement and “Receiving Party” means the Party receiving Confidential Information under this Agreement.

11. PERSONAL DATA PROTECTION

Our obligation for the use of Personal Data will be restricted within the scope of the purpose of collecting such Personal Data.

Personal Data. Subject to this terms of use and privacy policy, to the extent that We receive Your Registration  Data as a result of rendering Services, We  agree that it will (a) not disclose or use any of Your Registration  Data  except to the extent necessary to carry out Our obligations hereinunder and for no other purpose, (b) not disclose Your Personal Data to any third party, including Our third party service providers without the Your prior written consent and subject to the further requirements of this clause, (c) employ administrative, technical and physical safeguards to prevent unauthorized use or disclosure of Your Personal Data, (d) promptly provide such information regarding its privacy and information security systems, policies and procedures as You may request relating to its due diligence and oversight obligations under applicable laws and regulations, (e) in the event of any actual or apparent theft, unauthorized use or disclosure of any of Your Registration Data immediately commence all reasonable efforts to investigate and correct the causes and remediate the results thereof, and (f) as soon as practicable following discovery of any event described in sub-clause (e) hereof, provide You a notice thereof, and such further information and assistance as may be reasonably requested

For the purpose of clarity, “Personal Data” shall mean any information relating to an identified or identifiable natural person; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

12. DISCLAIMER OF WARRANTIES

YOUR USE OF THE PLATFORM AND THE SMART LOCKER IS ENTIRELY AT YOUR OWN RISK. TO THE EXTENT NOT OTHERWISE SET IN THIS TERMS OF USE AND TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE PLATFORM AND THE SMART LOCKER IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY DELIBO SERVICES AND SMART LOCKER AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF DELIBO SERVICES AND SMART LOCKER, (B) PERSONAL INJURY OR PROPERTY DAMAGE OR PACKAGE DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR AND YOUR DELIVERY AGENT’S ACCESS TO AND USE OF THE PLATFORM AND SMART LOCKER, AS THE CASE MAY BE (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SMART LOCKER AND ANY AND ALL PERSONAL INFORMATION STORED THEREIN (D) YOUR USE OF THE PLATFORM AND USE OF SMART LOCKER BY THE DELIVERY AGENT WILL MEET YOUR REQUIREMENTS (E) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE DELIBO SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE DELIBO SERVICES AND SMART LOCKER WILL BE CORRECTED

YOUR USE OF THE PLATFORM, THE SMART LOCKER AND STORAGE OF PACKAGE IN THE SMART LOCKER IS ENTIRELY AT YOUR OWN RISK. TO THE EXTENT NOT OTHERWISE SET IN THIS TERMS OF USE AND TO THE FULLEST EXTENT PERMITTED UNDER LAW, THE PLATFORM AND THE SMART LOCKER IS PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF (A) MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, CURRENTESS, COMPLETENESS OR RELIABILITY OF ANY DELIBO SERVICES AND SMART LOCKER AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF DELIBO SERVICES AND SMART LOCKER, (B) PERSONAL INJURY OR PROPERTY DAMAGE OR PACKAGE DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR AND YOUR DELIVERY AGENT’S ACCESS TO AND USE OF THE PLATFORM AND SMART LOCKER, AS THE CASE MAY BE (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE SMART LOCKER AND ANY AND ALL PERSONAL INFORMATION STORED THEREIN (D) YOUR USE OF THE PLATFORM AND USE OF SMART LOCKER BY THE DELIVERY AGENT WILL MEET YOUR REQUIREMENTS (E) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE DELIBO SERVICES WILL BE ACCURATE OR RELIABLE; AND DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE DELIBO SERVICES AND SMART LOCKER WILL BE CORRECTED.

WITHOUT LIMITING THE FOREGOING, NEITHER US NOR OUR AFFILIATES OR LICENSORS WARRANT THAT ACCESS TO THE PLATFORM AND SMART LOCKER WILL BE UNINTERRUPTED OR THAT THE PLATFORM AND SMART LOCKER WILL BE ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED OR THAT IT WILL ALWAYS BE ACCESSIBLE; NOR WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM AND SMART LOCKER, OR AS TO THE TIMELINESS, ACCURACY, RELIABILITY, COMPLETENESS OR, INFORMATION OR MATERIALS OR DELIBO SERVICES PROVIDED THROUGH OR IN CONNECTION WITH THE USE OF THE PLATFORM AND SMART LOCKER. NEITHER US NOR OUR AFFILIATES OR LICENSORS IS RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER. WE, OUR AFFILIATES AND LICENSORS DO NOT WARRANT THAT THE PLATFORM AND SMART LOCKER IS FREE FROM VIRUSES, WORMS, TROJAN HORSES, OR OTHER HARMFUL COMPONENTSAND DO NOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS. WE MAY CHANGE, SUSPEND, WITHDRAW OR RESTRICT THE AVAILABILITY OF ALL OR ANY PART OF OUR PLATFORM AND SMART LOCKER FOR BUSINESS, OPERATIONAL AND LEGAL REASONS AT ANY TIME WITHOUT NOTICE.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH DELIVERY AGENTS, YOUR ENGAGEMENT IN RELATION TO THE EXCHANGE OF PACKAGES WITH THE SENDER OR RECEIVER OF THE PACKAGE, INCLUDING BUT NOT LIMITED TO TRAINING TO USE THE SMART LOCKER, FOR THE ACCESS OF THE SMART LOCKER BY SUCH DELIVERY AGENT OR OTHER THIRD PARTIES. YOU ACKNOWLEDGE THAT WE SHALL NOT BE RESPONSIBLE FOR LOSS OR DAMAGE THAT YOU MAY INCUR PURSUANT TO ACTIONS OF THE DELIVERY AGENT/ SENDER/ RECEIVER IN RELATION TO THE PACKAGES DELIVERED,  STORED OR TO BE STORED IN THE SMART LOCKER.

13. LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL WE, OUR AFFILIATES, LICENSORS, OR ANY OF SUCH PARTIES’ AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, CORPORATE PARTNERS, OR PARTICIPANTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE PLATFORM, EVEN IF ADVISED OF THE POSSIBILITY OF THE SAME INCLUSING BUT NOT LIMITED TO ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL AND REPUTATION (C) ANY LOSS OF OPPORTUNITY, ANY LOSS OF DATA SUFFERED BY YOU.

WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF: (A) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICE, (B) ANY CHANGES WHICH WE MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES), (C) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE PLATFORM; YOUR FAILURE TO PROVIDE US WITH ACCURATE ACCOUNT INFORMATION; OR YOUR FAILURE TO KEEP YOUR LOGIN CREDENTIALS OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

WE WILL NOT BE LIABLE FOR DAMAGE THAT YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY AN UPDATE OFFERED TO YOU FREE OF CHARGE OR FOR DAMAGE THAT WAS CAUSED BY YOU FAILING TO CORRECTLY FOLLOW INSTALLATION INSTRUCTIONS OR TO HAVE IN PLACE THE MINIMUM SYSTEM REQUIREMENTS ADVISED BY US.

YOU ARE RESPONSIBLE FOR ANY MOBILE CHARGES THAT MAY APPLY TO YOUR USE OF OUR SERVICE, INCLUDING TEXT-MESSAGING AND DATA CHARGES.

TO THE FULLEST EXTENT PERMITTED BY LAW, ANY DISPUTE YOU HAVE WITH ANY THIRD PARTY ARISING OUT OF YOUR USE OF THE SERVICES, INCLUDING, BY WAY OF EXAMPLE AND NOT LIMITATION, ANY CARRIER, DELIVERY AGENT, LOGISTICS SERVICE PROVIDERS, E-COMMERCE PLATFORMS, SELLER, , IS DIRECTLY BETWEEN YOU AND SUCH THIRD PARTY, AND YOU IRREVOCABLY RELEASE US AND OUR AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.

WITH RESPECT TO THE USERS ACCESSING THE PLATFORM, OUR TOTAL AGGREGATE LIABILITY UNDER THIS TERMS OF USE SHALL NOT EXCEED THE FEES PAID BY YOU IN ONE MONTH IMMEDIATELY PRECEDING THE DATE ON WHICH THE LIABILITY AROSE.

14. INDEMNITY

You hereby indemnify, defend, and hold Us, Our affiliates, licensors, distributors, agents, representatives and other authorized users, harmless from and against any and all losses, damages, liabilities and costs arising from or in connection with a) use or access of the Platform; b) the Your breach of any terms, obligations, representations and warranties under this terms of use; c) any claim that the provision or use of the Services infringes any third party rights; and d) breach of applicable laws.

Nothing in these terms of use shall exclude or limit Our liability for any liability which cannot be excluded or limited under applicable laws in force in India. Your statutory rights as a User are not affected by this terms of use.

15. FREQUENT ASKED QUESTIONS (“FAQ”)

We also provide You Frequently Asked Question (FAQ) on the Platform where We shall address certain common questions that You as a User shall have while accessing the Platform and using Our Services. Our FAQ can be found at.

16. GRIEVANCE REDRESSAL MECHANISM

Any complaints, abuse or concerns with regards to the use, processing and disclosure of Information provided by You or breach of these terms of use or any applicable law should immediately be informed to the designated Grievance Officer mentioned below:

Name: _______________

Email ID: hello@newdelibo.delibo.in

Contact Number: +9178455 15005

17. FORCE MAJEURE

We shall be relieved of all Our responsibilities, if any, in the event of failure of performance resulting directly or indirectly from an act of force majeure or causes beyond our reasonable control including, without limitation, acts of god, war, equipment and technical failures, electrical power failures or fluctuations, strikes, labour disputes, riots, civil disturbances, shortages of labour or materials, epidemics, pandemics, lockdown (state-wise or nation-wide), natural disasters, orders of domestic or foreign courts or tribunals, non-performance of third parties, or any reasons beyond Our reasonable control. You further acknowledge and agree that We are not responsible or liable for (a) any incompatibility between the Platform and any other website, service, software, or hardware or (b) any delays or failures You may experience with any transmissions or transactions relating to the Platform in an accurate or timely manner.

18. GENERAL

All notices shall be given to Us via email, or to You at either the email address You provide. 

Any waiver of Our rights or remedy under this terms of use shall only be effective if it is in writing, executed by Our duly authorized representative, and shall be applicable only to the circumstances for which it is given. Our failure to exercise or enforce any right or remedy under this terms of use shall not operate as a waiver of such right or remedy, nor shall it prevent any future exercise or enforcement of such right or remedy. No single or partial exercise of any right or remedy shall preclude or restrict the further exercise of any such right, or remedy, or other rights or remedies.

This terms of use, together with the privacy policy incorporated herein by reference, constitute the entire agreement between the parties with respect to the subject matter.

The section titles in this terms of use are for convenience only and have no legal or contractual effect. The words “including” and “includes” means “including without limitation”.

The provision(s) of this terms of use shall be sought to be harmoniously interpreted with each other, as well as applicable Laws (including the applicable laws based on the jurisdiction of You) and upheld to the fullest extent permissible under applicable Laws. Further, the provisions contained in this terms of use shall be enforceable independent of each other, and their validity shall not be affected, if any other provision(s) are held to be invalid. If any provision(s) of this terms of use are, for any reason, held to be or invalid unenforceable, the other provisions of this terms of use will be unimpaired (to the maximum extent permissible), and the invalid or unenforceable provision(s) will be deemed modified so that they are valid and enforceable to the maximum extent permitted by applicable Laws. Further, if any of those provision(s) are void, but would be valid if some part of the provision(s) were deleted, the provision(s) in question shall apply with such modification as may be necessary to make them valid. 

You confirm that You do not have an employment, contractor, agency, or partnership relationship with Us. We are merely providing You the Services on your request. Further, You are acting on either on Your own or behalf of another person, in the manner stated in the terms of use.

All conflicts/controversies/disputes/differences/claims that shall arise out of or in connection with or in relation to the provisions of this terms of use including its existence, validity or termination during its existence or thereafter shall be referred to a sole arbitrator appointed by the mutual consent of the parties and be governed in accordance with the Arbitration and Conciliation Act, 1996 including any amendments thereon. The decision of the panel of arbitrators shall be final and binding on the Parties. The arbitration proceedings shall be in English, and the venue of the proceeding shall be in Chennai, Tamilnadu. Notwithstanding the foregoing, the We may seek appropriate interim or provisional reliefs including any injunctive reliefs in any court having jurisdiction over the subject matter thereof to enforce and/or prevent breach of its rights and remedies in and arising out of this terms of use.

This terms of use and any dispute or claim arising out of or in connection with their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws prevalent in India. You agree that the courts of Chennai, Tamilnadu shall have exclusive jurisdiction to settle any dispute, or claim, arising out of, or in relation to, this terms of use.

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