THESE ORDERR TERMS OF USE (“TERMS OF USE”) IS AN ELECTRONIC RECORD IN THE FORM OF AN ELECTRONIC CONTRACT FORMED UNDER INFORMATION TECHNOLOGY ACT, 2000 AND RULES MADE THEREUNDER AND THE AMENDED PROVISIONS PERTAINING TO ELECTRONIC DOCUMENTS / RECORDS IN VARIOUS STATUTES AS AMENDED BY THE INFORMATION TECHNOLOGY ACT, 2000.
THESETERMS OF USE IS A LEGALLY BINDING DOCUMENT BETWEEN USER AND ORDERR (BOTH TERMS DEFINED BELOW) AND PROVIDE CERTAIN TERMS AS TO BETWEEN THE USERS. THESE TERMS OF USE WILL BE EFFECTIVE UPON YOUR ACCEPTANCE OF THE SAME (DIRECTLY OR INDIRECTLY) IN ELECTRONIC FORM OR BY MEANS OF AN ELECTRONIC RECORD AND WILL GOVERN THE RELATIONSHIP BETWEEN USER AND ORDERR AND DEALINGS BETWEEN THE USERSFOR THE USE OF THE WEBSITE/MOBILE APPLICATION (DEFINED BELOW).
THIS DOCUMENT IS PUBLISHED AND SHALL BE CONSTRUED IN ACCORDANCE WITH THE PROVISIONS OF RULE 3 (1) OF THE INFORMATION TECHNOLOGY (INTERMEDIARIES GUIDELINES) RULES, 2011 UNDER INFORMATION TECHNOLOGY ACT, 2000 THAT REQUIRE PUBLISHING THE RULES AND REGULATIONS, PRIVACY POLICY AND USER AGREEMENT FOR ACCESS OR USAGE OF THEWEBSITE/MOBILE APPLICATION.
These Terms of Use of the website located at the URL www.Orderr.in and mobile application under the name and style “Orderr” (the “Website” or “App”, as the case may be) is between Macaroons Mobility Private Limited (“Macaroons Mobility” or “Orderr”) and the users ("you" or "your" or "yourself" or "user") describe the terms on which Orderr offers you access to the App and the services (as defined below). These Terms of Use contain certain terms that are applicable between a user who purchases any Product (as defined below) from the other user on the App. Additionally, these Terms of Use contains certain statements and disclaimers made by Macaroons Mobility which shall be binding on all the users in any capacity whatsoever.
These Terms of Use together with the Privacy Policy available at the Website and App and any other additional terms together with all other notices, disclaimers, guidelines appearing on from time to time shall constitute the entire agreement upon which you are allowed to access and use the App and avail the services.
If you are accessing the Website or the App, then while these Terms of Use will apply to such use, there may be additional terms (such as the terms imposed by mobile application stores like, only for the sake of example, Apple’s iTunes, Android’s play store, Microsoft’s store, from time to time) which will govern the use of the App. These additional terms to the extent applicable are hereby deemed to be incorporated in these Terms of Use by way of reference.
PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE/APP OR ACCESSING ANY MATERIAL, INFORMATION OR SERVICES THROUGH THE APP.YOUR USE OF THE, WEBSITE, APP OR THE SERVICES PROVIDED THROUGH THE WEBSITE OR APP SHALL SIGNIFY YOUR ACCEPTANCE OF THE TERMS OF USE AND YOUR AGREEMENT TO BE LEGALLY BOUND BY THE SAME.
1. General
1.1Macaroons Mobility is a company incorporated under the laws of India, with its registered office at Kh. No. 426-427 Ground Floor, MG Road, Ghitorni, New Delhi 110030, India and having CIN U72200DL2015PTC286097. Orderr is owned by Macaroons Mobility and is an open intermediary platform in the form of an online marketplace and is limited to managing the Website and the App to enable users to connect with each other by adding a store and place orders for listed products and further engage in initiation and conclusion of commercial transactions by accepting/ rejecting the orders and also chat within to buy with or without conditions and/or agreeing to sell various products (“Products”), and other incidental services thereto (“Services”) including use of the App by any user.
1.2These Terms of Use are subject to revision by Macaroons Mobility at any time and hence the users are requested to carefully read these Terms of Use from time to time before using the Website or App. The revised Terms of Use shall be made available on the Website and App.You are requested to regularly visit the Website and the App to view the most current Terms of Use. In the event such a facility is provided on the App, You can determine when Macaroons Mobility last modified any part of the Agreement by referring to the "Last Updated" legend provided in that document. It shall be your responsibility to check these Terms of Use periodically for changes. Orderr may require you to provide your direct or indirect consent to any update in a specified manner before further use of App and the Services. If no such separate consent is sought, your continued use of Website, App and/or Services, following such changes, will constitute your acceptance of those changes.
1.3If there is any conflict:
1.3.1between the Privacy Policy and any other agreement, the Privacy Policy shall take precedence but only to the extent of the conflict pertaining to the privacy of your data;
1.3.2between the additional terms and any other part of these Terms of Use, the additional terms shall take precedence in relation to that Service but only to the extent of the conflict;
1.3.3between these Terms of Use and any other notices, disclaimers or guidelines appearing on the,these Terms of Use shall take precedence but only to the extent of the conflict.
1.4During the course of your dealing with other user or through the App, you may receive or be provided certain personally identifiable information or sensitive personal information of the other user. You shall keep such information strictly confidential and shall not disclose or reveal such information to any third party. In addition to the above confidentiality and non-disclosure obligation, you shall ensure that your dealing with other user’s information shall not lead to Macaroons Mobility breach of the Privacy Policy with respect to such user’s information.
2. Services
Orderr, Website and the App is a technology platform that connects users, who may be interested in listing, advertising, exhibiting or offering their products / services through electronic means, with users who may be interested in viewing or buying them. Website / App serves as a communication platform and marketplace that facilitates interaction between potential buyers and sellers electronically within the Website / App. the Website and the App to enable users to connect with each other by adding a store and place orders for listed products and further engage in initiation and conclusion of commercial transactions by accepting/ rejecting the orders and also chat within to buy with or without conditions and/or agreeing to sell various products (“Products”), and other incidental services thereto (“Services”) including use of the App by any user. Orderr doesn’t undertake any verification of the data, information or content shared or originated by users on the Website / App – be it nature of business, quality of listing etc. and isn’t responsible for any data, information or content posted by any user. Users may agree to list, advertise, exhibit, offer for sale goods or provide services to other user for a consideration, and may decide to fulfill the transaction as per their mutual understanding and comfort. Orderr doesn’t mandate, own, manage any part of transactions between users – be it shipment, payment or any other – and hence isn’t liable for any products or service to the users concerning the App including but not limited to payment, delivery, warranty, quality, service or any other similar services or express or implied warranties.
3. Eligibility to Use
3.1The Services are not available to minors under the age of eighteen (18) and to any one suspended or removed from the Website / App by Orderr for any reason whatsoever. If you are disqualified as per the preceding sentence, you shall not be permitted to avail of the Services or use the App. You represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws as applicable in India.Notwithstanding the foregoing, if you are below the age of eighteen (18)years, please read through these Terms of Use with your parent or legal guardian, and in such a case these Terms of Use shall be deemed to be a contract with your legal guardian or parent and to the extent permissible under applicable laws, enforceable against you.
3.2Orderr reserves the right to refuse access to use the Services offered at the Website / App to any new user or to terminate access granted to existing users at any time without according any reasons for doing so.
4. User Account, Password, and Security
4.1As of now, Orderr makes the Services available to you through the App only if You have provided Orderr certain required user information and created an account ("Account") through Orderr ID and password or other log-in ID and password, which can include your mobile number, Facebook, Gmail, Yahoo ID or any other valid email ID (collectively, the "Account Information"). Orderr may, in future, provide the Services through Website.
4.2The App requires you to register as a user by creating an Account in order to avail of the Services provided by the App. You will be responsible for maintaining the confidentiality of the Account Information, and are fully responsible for all activities that occur under your Account.You agree to (a) immediately notify Orderr of any unauthorized use of Your Account Information or any other breach of security, and (b) ensure that you exit from your Account at the end of each session. Orderr cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 4.2. You may be held liable for losses incurred by Orderr or any other user of or visitor to the App due to authorized or unauthorized use of your Account as a result of your failure in keeping your Account Information secure and confidential.
4.3You shall ensure that the Account Information provided by you in the App registration is complete, accurate and up-to-date. Use of another user's Account Information for availing the Services is expressly prohibited.
4.4If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Orderr has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Orderr has the right to suspend or terminate your Account and refuse any and all current or future use of the App (or any portion thereof).
4.5Depending upon the nature of Services you wish to avail from the App, you may be required to provide certain personal information and Orderr may collect certain personal information.Your provision of, and Orderr’s collection, storage, use ,disclosure and otherwise dealing of such personal information shall be governed by Privacy Policy, which is available at website/App (“Privacy Policy”).
5. Charges for using Orderr and terms between users
5.1Orderr currently does not levy any fee for browsing the App or chat, buying or selling of the Products by the users on the App. If the seller wants to use some extra premium features of the app, he can subscribe to the paid annual subscription service and enjoy the extra features on top of the free features.
5.2All commercial / contractual terms such as price of the Product, quality, dispatch, delivery of the Product, warranties, applicable taxes, etc., are bipartite contracts between the users.Macaroons Mobility’s role is limited to provide technology platform to the users to interact with each other.
5.3The payment facility between the users may be provided by third party payment service provider. Orderr may provide, links to sites or online platforms operated by such third party payment service provider viz. payment gateways, merchant account providers, payment aggregators. Orderr makes no warranty or representation, whether express or implied, regarding, and do not endorse any linked site or online platform or the information appearing thereon or any of the products or services described thereon and all such warranties and representations are hereby specifically disclaimed. The use of the electronic payment facility is a transaction between the users of the App taking place on a third party payment service provider’s site or online platform and in no event Orderr shall be liable or responsible for any transaction related matters between the users or for any other reason whatsoever. Your usage of such third party payment service provider will be governed by the privacy policy of such third party. To the extent required Orderr would share your data or information with such third party payment service provider for your availing its payment facility.
6. User Obligations and Role of Orderr>
6.1Subject to your compliance with these Terms of Use, Orderr grants you a non-exclusive, non-sub-licensable, non-transferable, revocable, and limited right to access and use the App and the Services provided therein.
6.2You agree to use the Services, App and the Content (as defined herein) provided therein only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law.
6.3You agree to adhere to all limitations on dissemination, use and reproduction of any materials (such as the Product catalogues) that you access on the App in accordance with clause 7.
6.4You shall not access (or attempt to access) the App or Services by any means other than through the interfaces that are provided by Orderr. You shall not use any deep-link, 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 the App or Content, or in any way reproduce or circumvent the navigational structure or presentation of the App to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the App or is otherwise permitted by Orderr.
6.5If you believe that any Content or User Content (as defined herein) or other content available on the App does not comply with the Terms of Use or applicable law, you may report such content along with required information / data on support@Orderr.in.
6.6The App may allow you to post certain content, data or information of your own such as your electronic written communications with other users, allowing you to create a listing or advertise or exhibit the Product, rate Products, post your comments, and reviews in relation to Products on specific pages of the App, as well as submit any suggestions, comments,questions or other information to Orderr using the App / Services (collectively referred to “User Content”). You, being the originator of the User Content, are responsible for the User Content that you upload, post, publish, transmit or otherwise make available on the App. You represent that you have obtained all relevant consents and approvals in order to post any User Content. You further represent that all such User Content will be in accordance with applicable law. You acknowledge that Orderr does not endorse any User Content on the App and is not responsible or liable for any User Content. Orderr reserves the right to disable access to the User Content on the App.
6.7You hereby grant Orderr a perpetual, non-revocable, worldwide, royalty-free and sub-licensable right and license to use, copy, distribute, display, publish, transmit, make available,reproduce, modify, adapt the User Content and create derivate works of the User Content.You represent and warrant that you own or otherwise control all of the rights to the User Content that you post or that you otherwise provide on or through the App; and that, as at the date that the User Content is posted or submitted on the App: (i) the User Content is accurate; (ii) use of the User Content you supply does not breach these Terms of Use; and (iii) that such User Content is lawful. You agree that Orderr will be the exclusive owner of any permitted modifications that it may create. Orderr and its affiliates exercising of their license rights will not violate any proprietary rights of any third party.
6.8You agree, understand and acknowledge that the App is an electronic platform in the form of an electronic marketplace and an intermediary that provides an electronic venue where various users may electronically meet and interact with each other to engage in commerce and transact. You further agree and acknowledge that Orderr is only a facilitator and is not and cannot be a party to or control in any manner any electronic communications, advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the App. Orderr is neither the seller of the Products nor does Orderr advertise or exhibit the Products in any manner. Orderr neither recommends you to buy or sell any specific Products on the App nor does Orderr endorses any such Products and nor does Orderr provides any guarantee, warranties or assurance with respect to the advertisement, exhibition, making available, offer to sell or transactions of sale or purchase of Products on the App. Further, Orderr does not guarantee, warranty or provide any assurance on the behaviour of any user of the App including any guarantee, warranty or assurance that any user (whether buyer or seller) will complete any transaction or act in a prudent manner.
6.9When you use the App and/or the Services You specifically undertake not to host, display, upload, modify, publish, transmit, update or share any data, information or Content that: •belongs to another person and to which the user does not have any right to;
•is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnical objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever;
•harms minors in any way;
•impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
•threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting of any other nation;
•infringes any patent, trademark, copyright or other proprietary rights;
•contain software viruses or any other computer code, files or programs designed to interrupt destroy or limit the functionality of any computer resource;
•deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
•engage in any activity that interferes with or disrupts access to the App or the Services (or the servers and networks which are connected to the App);
•attempt to gain unauthorized access to any portion or feature of the App, any other systems or networks connected to the App , to any Orderr server, or to any of the Services offered on or through the App, by hacking, password mining or any other illegitimate means;
•probe, scan or test the vulnerability of the App or any network connected to the App, nor breach the security or authentication measures on the App or any network connected to the App. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the App, , including any Account not owned by you, to its source, or exploit the or Service or information made available or offered by or through the App , in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the App;
•disrupt or interfere with the security of, or otherwise cause harm to, the App , systems resources, accounts, passwords, servers or networks connected to or accessible through the App or any affiliated or linked sites;
•use the App or Content for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Orderr or other third parties;
•falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
•violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
•violate any applicable laws or regulations for the time being in force within or outside India.
6.10You agree that you are responsible to Orderr and to any third party for any breach of your obligations under these Terms of Use or other terms and for the consequences (including any loss or damage which Orderr may suffer) for any such breach.
6.11 Orderr does not pre-screen User Content. Orderr has no obligation to monitor any User Content. However, Orderr at its discretion and/or in accordance with applicable law may implement technologies and technical processes to monitor any User Content and may remove any User Content from the App if Orderr determines in its sole discretion that such User Content is in violation of these Terms of Use or any applicable law. Such actions do not in any manner negate or dilute Orderr’s position as an intermediary or impose any liability on Orderr with respect to User Content.
6.12You shall solely be responsible for maintaining the necessary equipments, internet connections and other software and technologies that may be required to access, use and transact on the App. You may incur access or data fees from third parties in connection with your purchase and/or use of the services. You are responsible for all such fees.
6.13You may need to install updates that we or any third party introduce from time to time to use the services, Products, App including downloads and required functionality, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, "Updates"). Your use of the Products or App you have installed requires that you have agreed to receive such automatically requested Updates.
6.14 You represent and warrant that (i) You are not located in a country that is subject to a U.S Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
7. Use of Materials/Content
7.1Except as expressly indicated to the contrary in any applicable additional terms, Orderr hereby grants you anon-exclusive, revocable and non-transferable right to view, download and print product catalogues available on the App, subject to the following conditions:
•You may access and use the product catalogues solely in accordance with these Terms of Use;
•You may not modify or alter product catalogues, if any, available on the App;
•You may not distribute or sell, rent, lease, license or otherwise make the product catalogues on the App available to others; and
•You may not remove any text, copyright or other proprietary notices contained in the product catalogues available on the App.
7.2The rights granted to you in the product catalogues or any other materials as specified above are not applicable to the design, layout or look and feel of the App. Such elements of the App are protected by intellectual property rights and may not be copied or imitated in whole or in part.
7.3Any software that is available on the App is the property of Orderr or its vendors or licensors. You may not use, download or install any software available at the App, unless otherwise expressly permitted by the Terms of Use or by the express written permission of Orderr.
8. Intellectual Property Rights
8.1The App and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the App is owned and controlled by Orderr or its licensors 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. Through Your use of the App, by no means are any rights impliedly or expressly granted to you in respect of such Content. Orderr reserves the right to change or modify the Content from time to time at its sole discretion.
8.2The trademarks, logos and service marks displayed on the App ("Marks") are the property of Orderr or their vendors/seller or respective third parties. You are not permitted to use the Marks without the prior consent of Orderr, the vendor/seller or the third party that may own the Marks.
8.3Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, Orderr owns all intellectual property rights to and into the trademark “Orderr”, and the App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.
8.4Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from Orderr.
8.5You hereby authorize Orderr to use and include your trademarks (as may be provided by you from time to time) and your corporate name on the App and in any directory or promotional material produced in connection with the promotion of the App or the Products offered by you on the App without any license fee or royalty and such usage shall be without any consideration.
9. Third Party Content
9.1General third party information such as, product catalogues, product description and specifications, reports on news, entertainment, technology and features, advertisements including videos, images and photographs of the products, links to third party websites and other data from external sources is made available on the App ("Third Party Content"). The provision of Third Party Content is for general informational purposes only. You acknowledge that the Third Party Content provided to you is obtained from sources believed to be reliable or provided by the sellers in the process of advertising, exhibiting and offering to sell the Products on the App. All Third Party Content is provided on an ‘As Is’ basis. Orderr may not own / have the rights and title to any such Third Party Content, or provide any guarantee with respect to the accuracy, title, merchantability, non-infringement or fitness for a particular purpose of any Third Party Content. Orderr shall not be held liable for any loss suffered by you based on your reliance on or use of such Third Party Content.
9.2In the event any Third Party Content contains links to third party websites, and you visit any such external link, you agree to do so at your own risk, responsibility and liability. Orderr makes no warranty or representation regarding, and does not endorse, any website linked to the App / Services or the information appearing thereon or any of the products or services described thereon.
10. Disclaimer Of Warranties & Liability
10.1THE APP, SERVICES,CONTENT, USER CONTENTAND ANY THIRD PARTY CONTENT ARE PROVIDED BY ORDERR ON AN "AS IS" BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE EXPRESS OR IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, ORDERR MAKES NO WARRANTY THAT (I) THE APP OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR YOUR USE OF THE APP OR THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (II) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE APP OR SERVICES WILL BE EFFECTIVE, ACCURATE OR RELIABLE; (III) THE QUALITY OF THE APP OR SERVICES WILL MEET YOUR EXPECTATIONS; OR THAT (IV) ANY ERRORS OR DEFECTS IN THE APP ORSERVICES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM ORDERR OR THROUGHTHE APP/CONTENTOR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
10.2TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ORDERR WILL HAVE NO LIABILITY RELATED TO USER CONTENTAND / OR THIRD PARTY CONTENTARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. ORDERR ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT AND / OR THIRD PARTY CONTENT.
10.3YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW,ORDERR SHALL 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 THE APP OR ANY SERVICES, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. ORDERR HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE APP IS CORRECT, BUT ORDERR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA, INFORMATION, PRODUCT OR SERVICE. ORDERR SHALL NOT BE RESPONSIBLE FOR THE DELAY OR INABILITY TO USE THE APP OR RELATED FUNCTIONALITIES, THE PROVISION OF OR FAILURE TO PROVIDE FUNCTIONALITIES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, FUNCTIONALITIES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE. FURTHER, ORDERR SHALL NOT BE HELD RESPONSIBLE FOR NON-AVAILABILITY OF THE APP DURING PERIODIC MAINTENANCE OPERATIONS OR ANY UNPLANNED SUSPENSION OF ACCESS TO THE APP THAT MAY OCCUR DUE TO TECHNICAL REASONS OR FOR ANY REASON BEYOND ORDERR’S REASONABLE CONTROL.
10.4THE USER UNDERSTANDS AND AGREES THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE APP IS DONE ENTIRELY AT ITS OWN DISCRETION AND RISK AND IT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO THEIR COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. ORDERR ACCEPTS NO LIABILITY FOR ANY ERRORS OR OMISSIONS, WITH RESPECT TO ANY INFORMATION PROVIDED TO YOU WHETHER ON BEHALF OF ITSELF OR THIRD PARTIES.
11. Indemnification and Limitation of Liability
11.1You agree to indemnify, defend and hold harmless Orderr, its subsidiaries, affiliates, vendors, agents and their respective directors, officers, employees, contractors and agents(herein after individually and collectively referred to as “indemnified parties”) from and against any and all losses, liabilities, claims, suits, proceedings, penalties, interests, damages, demands, costs and expenses (including legal and other statutory fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or in connection with (i)Your breach of the Terms of Use; or (ii) any claims made by any third party due to, or arising out of, or in connection with, your use of the App ; or (iii) any claim that any User Content / content, information or materials provided by you caused damage to a third party; or (iv)Your violation of any rights of another, including any intellectual property rights.
11.2Orderr may notify you of any claims that you shall be liable to indemnify Orderr against. You will then be required to consult with Orderr regarding the course of action to be undertaken in defending such a claim. Further, you shall not compromise or settle any claim or admit any liability or wrongdoing on the part of Orderr without the express prior written consent of Orderr which can be withheld or denied or conditioned by Orderr in its sole discretion.
11.3Notwithstanding anything to contrary in the Terms of Use, Orderr’s entire and aggregate liability to you under and in relation to these Terms of Use or otherwise shall not exceed the greater of Indian Rupees One Hundred (INR 100) or the amount of fees, if any, paid by you to Orderr under the relevant order to which the cause of action for the liability relates.
11.4 Notwithstanding anything to contrary in the Agreement(s), in no event shall Orderr, its subsidiaries or affiliates and their respective officers, directors, employees, partners or suppliers be liable to You for any special, incidental, indirect, consequential, exemplary or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not Orderr has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with Your use of or access to the App, Services or Content.
12. Termination
12.1You agree that Orderr may, in its sole discretion and without prior notice, terminate your access to the App and block your future access to the App if Orderr determines that you have violated the terms of these Terms of Use or any other terms. You also agree that any violation by you of the Terms of Use will cause irreparable harm to Orderr, for which monetary damages may be inadequate, and you consent to Orderr obtaining any injunctive or equitable relief that Orderr deems necessary or appropriate in such circumstances. in addition to any other remedies Orderr may have at law or in equity.
12.2In addition to above, Orderr may, at any time, with or without notice, terminate these Terms of Use (or portion thereof, such as any individual additional terms) with you if:
(i)Orderr is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful), or upon request by any law enforcement or other government agencies;
(ii)Orderr has elected to discontinue, with or without reason, access to the App, the Services (or any part thereof); or
(iii)In the event Orderr faces any unexpected technical issues or problems that prevent the App and / or Services from working.
12.3Orderr may also terminate or suspend all or a portion of your Account or access to the Services with or without reason.
12.4Except as may be set forth in any additional terms applicable to a particular Service, termination of your Account may include: (i) removal of access to all offerings within the App or with respect to the Services; (ii) disabling access to the Account Information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your Account (or any part thereof), and any User Content uploaded by you; and (iii) prohibiting further use of the Services.
12.5You agree that all terminations shall be made in Orderr’s sole discretion and that Orderr shall not be liable to you or any third party for any termination of your Account (and accompanying deletion of your Account Information), or your access to the App and Services.
12.6Termination of this Terms of Use shall not affect or terminate any rights or obligations of either party created or accrued prior to the date of such termination and shall survive the termination.
13. Governing Law and Jurisdiction
13.1 These Terms of Use and all transactions entered into on or through the App and the relationship between you and App shall be governed in accordance with the laws of India without reference to its conflict of laws principles.
13.2 You agree that all claims, differences and disputes arising under or in connection with or in relation hereto the App, these Terms of Use or the relationship between you and Orderr shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and you hereby accede to and accept the jurisdiction of such courts. Each party hereby irrevocably waives any objection which such party may now or hereafter have to the laying of improper venue or forum non convenient. Each party agrees that a judgment in any such action or proceeding may be enforced in other jurisdictions by suit on the judgment or in any manner provided by law. Any and all service of process and any other notice in any such suit, action or proceeding with respect to these Terms of Use shall be effective against a party if given as provided herein.
14. Report Abuse
In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the App, or if you believe your intellectual property rights have been violated in any manner through the App, please report to support@Orderr.in.
15. Communications
15.1When You use the App or send emails or other data, information or communication to Orderr, you agree and understand that you are communicating with Orderr through electronic records and you consent to receive communications via SMS, e-mails, Push Notifications, System Notifications and other electronic communication from Orderr periodically and as and when required.
15.2User may unsubscribe/opt-out from receiving communications from Orderr through SMS and e-mail anytime by clicking on the unsubscribe option if attached at the bottom of emails sent from Orderr.
16. General Provisions
16.1 Notice: All notices with respect to these Terms of Use from Orderr will be served to you by email or by general notification on the App. Any notice provided to Orderr pursuant to these Terms of Use should be sent to support@Orderr.in.
16.2 Assignment: You cannot assign or otherwise transfer, or any rights granted hereunder or any obligations, to any third party and any such assignment or transfer or purported assignment or transfer shall be void ab initio. Orderr's rights and/or obligations under the Terms of Use are freely assignable or otherwise transferable by Orderr to any third parties without the requirement of seeking your prior consent. Orderr may inform you of such assignment or transfer in accordance with the notice requirements under the Terms of Use. Orderr shall have right to transfer your Account and Account Information to a third party who purchases Orderr’s business as conducted under the App.
16.3 Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or 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 Terms of Use shall continue in full force and effect. Orderr may amend in a reasonable manner such provision to make it enforceable and such amendment will be given effect in accordance with the amendment terms of these Terms of Use.
16.4 Waiver: Any failure or delay by a party to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by such party of that provision or right. The exercise of one or more of a party’s rights hereunder shall not be a waiver of, or preclude the exercise of, any rights or remedies available to such party under these Terms of Use or in law or at equity. Any waiver by a party shall only be made in writing and executed by a duly authorized officer of such party.
16.5 Principal to Principal Relationship: You and Orderr are independent contractors, and nothing in these Terms of Use will be construed to create a partnership, joint venture, association of persons, agency (disclosed or undisclosed), franchise, sales representative, or employment relationship between you and Orderr. As an abundant caution, it is clarified that Orderr shall not have any right to conclude any contract for sale or purchase of Products for and / or on your behalf and both you and Orderr have entered these Terms of Use on principal to principal basis.
16.6 Force Majeure: If performance of any service or obligation under these Terms of Use or other terms by Orderr is prevented, restricted, delayed or interfered with by reason of labor disputes, strikes, acts of God, floods, lightning, severe weather, rationing, utility or communication failures, earthquakes, war, revolution, acts of terrorism, civil commotion, acts of public enemies, blockade, embargo or any law, order, proclamation, regulation, ordinance, demand or requirement having legal effect of any government or any judicial authority or representative of any such government, or any other act whatsoever, whether similar or dissimilar to those referred to in this clause, which are beyond the reasonable control of Orderr or its third parties performing such services as sub-contractor to Orderr and could not have been prevented by reasonable precautions (each, a "Force Majeure Event"), then Orderr shall be excused from such performance to the extent of and during the period of such Force Majeure Event. Orderr shall exercise all reasonable commercial efforts to continue to perform its obligations hereunder.
16.7 Grievance Officer: In compliance with Information Technology Act, 2000 and the rules made thereunder, the Technology Lead of Macaroons Mobility for the purpose of these Terms of Use shall be Mr. Sangeet Jaiswal with email address: sangeet@orderr.in Macaroons Mobility may change the aforesaid details from time to time under intimation to You.
17. Feedback and Information
17.1 Any feedback you provide to this App shall be deemed to be non-confidential. Orderr shall be free to use such information on an unrestricted basis. Further, by submitting the feedback, you represent and warrant that (i) Your feedback does not contain confidential or proprietary information of you or of third parties; (ii) Orderr is not under any obligation of confidentiality, express or implied, with respect to the feedback; (iii) Orderr may have something similar to the feedback already under consideration or in development; and (iv) You are not entitled to any compensation or reimbursement of any kind from Orderr for the feedback under any circumstances.
17.2 To clarify, Orderr may at its discretion, make any modifications or changes to the App, Content and / or Services on the basis of such feedback, however Orderr shall not be obliged to do so. Further, in the event that Orderr makes any changes or modifications to the App, Content and / or Services on the basis of any such feedback, you shall not have any rights or title (including any intellectual property rights) in such changes or modifications to the App, Content and / or Services. You expressly waive any and all rights in such changes or modifications to the App, Content and / or Services, and assign to Orderr, all worldwide rights and title (including any intellectual property rights) to such changes or modifications to the App, Content and / or Services, in perpetuity. You hereby waive all rights under Section 19(4) of the Indian Copyright Act, 1956, or other similar provisions in laws of any jurisdiction, in relation to any such changes or modifications to the App, Content and / or Services.
18. User additional obligations when it lists any product for sale
18.1 With respect to the sale of Product by any user as seller to the other user of the App as buyer, the seller hereby represents and warrants that, unless agreed between the users (i.e. seller and the buyer) either through electronic communications on Orderr or otherwise:
(i)Seller has the right to sell the Products to the buyer on or through the App;
(ii)Buyer shall have and enjoy quiet possession of the Products;
(iii)Products shall be free from any charge or encumbrance in favor of third party;
(iv)Seller shall deal honestly, fairly, and in good faith with the buyer;
(v)Seller shall not exhibit, advertise, make available, offer for sale, sell or deliver any banned products as given in Schedule below or counterfeit or fake products on the App;
(vi)Seller shall not exhibit, advertise, make available, offer for sale, sell or deliver anything which is illegal, infringing, fake, duplicate, spurious, counterfeit, refurbished, products whose useable or consumable life has expired, or Products meant “not for sale”;
(vii)Seller shall not to claim or represent any refurbished products or second hand products as ‘new’ or‘un-used’, as the case may be; (viii)Seller shall comply with all applicable laws including tax laws;
(ix)Seller represents and warrants that the Product description shall not be misleading and shall describe the actual condition of the Product. If a Product is subject to expiry date or expiry duration, seller shall not offer to sell and sell any such Product which has passed 75% (seventy five percent) of its expiry duration.
19.Disclaimer by Macaroons Mobility / Orderr
19.1 You agree that Orderr takes no responsibility and assumes no liability for any content posted, stored or uploaded by you or any user any third party, or for any loss or damage thereto, nor is Orderr liable for any mistakes, defamation, slander, feedback, libel, omissions, falsehoods, obscenity, you may encounter. Orderr is not liable for any statements, representations or content provided by its users in any public forum, personal home page or other interactive area.
19.2 ORDERR SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO ANY ILLEGAL, INFRINGING, FAKE, DUPLICATE, SPURIOUS, DEFECTIVE OR COUNTERFEIT, REFURBISHED, EXPIRED PRODUCTS PURCHASED BY BUYER FROM THE SELLER AND ORDERR SHALL NOT ASSUME ANY LIABILITY IF THE PRODUCT PURCHASED OR AVAILED BY BUYER FROM THE SELLER IS NOT EXACTLY AS PER SPECIFICATIONS.
19.3 ORDERR’S ROLE IS THAT OF AN INTERMEDIARY IN THE FORM OF AN ONLINE MARKETPLACE AND IS LIMITED TO MANAGING THE APP TO ENABLE SELLER TO EXHIBIT, ADVERTISE, DISPLAY, MAKE AVAILABLE AND OFFER TO SELL THE PRODUCTS AND TO ENABLE BUYER TO PURCHASE THE PRODUCTS SO OFFERED, AND AN ELECTRONIC COMMUNICATION PLAFORM TO SELLER AND BUYER TO ENGAGE IN COMMERCE, AND OTHER INCIDENTAL SERVICES TO FACILITATE THE TRANSACTIONS BETWEEN SELLERS AND THE BUYERS (USERS). ACCORDINGLY, THE CONTRACT FOR SALE OF ANY OF THE PRODUCTS SHALL BE A BIPARTITE CONTRACT BETWEEN SELLER AND THE BUYER. AT NO TIME SHALL ORDERR HAVE ANY OBLIGATIONS OR LIABILITIES IN RESPECT OF SUCH CONTRACT NOR SHALL ORDERR HOLD ANY TITLE IN THE PRODUCTS.

List of Banned Products (Indicative List not exhaustive)
1.Adult Products and Pornographic/Obscene Materials (including child pornography) in any form (Print, audio/video, MMS, images, photographs, etc.)
2.Alcohol
3.Animals, whether live or dead including its parts and products
4.Any article/material/service which cannot be exhibited, advertised, made available, offered for sale at e-commerce platforms/ technology due to restrictions/conditions for sale of those articles / material/ service unless all those conditions are met pursuant to the Applicable Laws
5.Any article/material/service which are prohibited by any law at any given time.
6.Any item/material which may assist in performance of any illegal or unlawful activity
7.Counterfeit Goods and goods/materials infringing any intellectual property rights
8.Currency, Negotiable Instruments, etc.;
9.Endangered species of animals and plants, whether alive or dead
10.Fire Arms, parts thereof and ammunitions, weapons, knives, sharpedged and other deadly weapons, and parts of, and machinery for manufacturing, arms, but does not include articles designed solely for domestic or agricultural uses such as a lathi or an ordinary walking stick and weapons incapable of being used otherwise than as toys or of being converted into serviceable weapons;
11.Financial Services
12.Grey market product
13.Hazardous materials including but not limited to acid, fireworks, explosives, flammable adhesives, poison, hazardous chemical, oil-based paint and thinners (flammable liquids), industrial solvents, insecticides & pesticides, machinery (containing fuel),Fuel for camp stoves/lanterns/heating elements, infectious substances etc.
14.Human remains or skeleton
15.Invoices (including blank, pre-filled, or value added invoices or receipts), is strictly prohibited on the Site)
16.Liquefied Petroleum Gas cylinder
17.Maps and literature where Indian external boundaries have been shown incorrectly
18.Narcotic Drugs and Psychotropic Substances
19.Government related items/ equipment’s (like wireless with frequency used by Police, uniforms of Government officials including but not limited to Police/ Army, etc.)
20.Medicines, drugs, cosmetics prohibited under Drugs and Cosmetics Act, 1940 and any advertisement and claims as prohibited under Drugs and Magic Remedies (Objectionable Advertisements) Act, 1954
21.Racially/ethnically/religiously offensive materials
22.Radioactive Materials
23.Reptile skins
24.Sex Determination Kit
25.Stocks and Securities
26.Stolen Properties
27.Unauthorized Copies of Intellectual Property
28.Veterinary Drugs for animals
29.Wildlife and Animal Products
30.Any other sanctioned or prohibited items as per law
31.Passports, other government issued personal documents