Terms Of Service

OVERVIEW

This website is operated by ALCOTECH INTERNET PRIVATE LIMITED. Throughout the site, the terms “we”, “us” and “our” refer to ALCOTECH INTERNET PRIVATE LIMITED. ALCOTECH INTERNET PRIVATE LIMITED offers this website, including all information, tools, and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these.

Terms of Service.

These Terms and Conditions (as may be amended from time to time, the “Agreement” or “Terms” constitute a legal & mental capacity and a contract between You being, a User of at least 21 years of age (“You” or “User”), and Alcotech Private Limited, having its registered office(“ALCOTECH”, “We” or “Us”).It also represents that have not been previously suspended or prohibited from accessing the ALCOTECH’s DARUAPP website, App, and M-Site or otherwise availing the Services through our Application.

ALCOTECH owns and operates at No 259, 7th Cross, 4th Main, Vijaya Bank Layout, Bangalore 560076 s the a web & mobile application DARUAPP (the “DARUAPP Application”), which provides a platform for liquor/alcoholic beverage manufacturers, distributors & Retailers (“Sellers”) to showcase liquor and alcoholic beverages (“Products”) on the platform created by Alcotech Internet Pvt Ltd the DARUAPP website & Application enables You to search and order these Products and have them delivered to a designated location (applicable for Bengaluru only) through independent, licensed alcohol beverage retailers, and other licensees with retail privileges (hereinafter referred to as the “Merchant”). We act as an intermediary/ service provider, providing you with this platform enabling you to purchase the Products from the Merchant and we provide you with payment solutions, payment support services, and technology solutions (hereinafter referred to as the “Services”). All orders placed through the DARUAPP website & application are accepted, reviewed, and ultimately fulfilled by the Merchant. We do not warrant or take any responsibility or liability in respect of the services provided by the Merchant or its agents to you, nor does do we assert any rights or claims over the services offered by the Merchant

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.


We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.


ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of 21 years, you may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse service to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve

Transmissions over various networks; and

Changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without an expressed written permission by us.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Cancellation Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates so that we can complete your transactions and contact you as needed.

For more detail, please review our Cancellation Policy.

By completing an order on the DARUAPP website / Application, you agree that you are of the relevant legal age as per Applicable Law in the State in which you are domiciled, to reserve and thereafter consume such Products and you will be present to accept the delivery of Products.

In the event that there is no individual who is of the relevant legal age or other requirements as per Applicable Law in the State in which he is domiciled, to take delivery and consume such Products or such individual cannot provide valid identification showing the proof of his or her age or other excise prerequisites such as “permit”, the Merchant may deny service and/or delivery of the Products. The Merchant reserves the right to refuse to deliver Products for any reason whatsoever.

This reservation includes, but is not limited to the following:

  1. An insane Person

  2. A person knew or believed to be drunk

  3. A person knew or suspected to be about to take part in a riot or disturbance of public peace or any other crime

  4. If a Person is an Excise Official, Police Officer, Railway Servant and Motor Bus Chauffeur, on duty or in uniform

Acceptable Use and Restrictions.

You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by us. You agree that:

  1. You will not use the Services if you are not fully able and legally competent to agree to these Terms;

  2. You will not engage in any behavior which is in violation of any law in force;

  3. You will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons’ digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what we reasonably believe to be potentially fraudulent funds;

  4. You will not infringe or try to infringe our or any third party’s intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights;

  5. You will not host, display, upload, modify, publish, transmit, update or share any message/information which is libelous, defamatory or which discloses private or personal matters concerning any person;

  6. You will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, pedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;

  7. You will not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to Alcotech if required by any law enforcement, legal or government agencies or Merchant;

  8. You will not make or seek to make payment to the Merchants other than through the DARUAPP points;

  9. You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the DARUAPP Application or features that prohibit access to the DARUAPP website & Application or the services in any manner or enforce limitations on the use of the Services;

  10. You will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the DARUAPP website & Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;

  11. You will not attempt to obtain any information or content from the Services using any robot, spider, scraper or other automated means for any purpose;

  12. You will keep secure and confidential your details of the DARUAPP Account or any identification we provide you which allows access to the Services;

  13. You will only use an access point or data account which you are authorized to use;

The Products will be delivered only to places which are licensed premises as per Applicable Law.

You and any recipient of your orders will provide whatever proof of identity and age reasonably requested by the Merchant, its employee or agent, or the shipping or delivery company used by the Merchant or that shipping or delivery company’s employee or agent;

You will use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner;

You will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time;

Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Alcotech, a third party or You;

You shall not hold liable Alcotech for any Services provided by them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security-related issues.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

THIRD-PARTY LINKS

Certain content, products, and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.

We are and shall be under no obligation

  1. To maintain any comments in confidence;

  2. To pay compensation for any comments; or

  3. To respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content:

  1. For any unlawful purpose;

  2. To solicit others to perform or participate in any unlawful acts;

  3. To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;

  4. To infringe upon or violate our intellectual property rights or the intellectual property rights of others;

  5. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;

  6. To submit false or misleading information;

  7. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;

  8. To collect or track the personal information of others;

  9. to spam, phish, pharm, pretext, spider, crawl, or scrape;

  10. For any obscene or immoral purpose; or

  11. To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

DISCLAIMER NO WARRANTIES; LIABILITY & DAMAGES

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR DARUAPP ACCOUNT WITH US.

THE COMPANY’s APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE DARUAPP WEBSITE & APPLICATION, IS PROVIDED ‘AS IS.’ TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE COMPANY, AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT/SERVICES ON THE DARUAPP WEBSITE & APPLICATION, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH PLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH PLATFORM OR ANY LINKED SITE. FURTHER, THE COMPANY DISCLAIM’S ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON DARUAPP WEBSITE & APPLICATION, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE. THE COMPANY SHALL NOT BE LIABLE FOR THE USE OF DARUAPP WEBSITE & APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDS YOU FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, EXCEED INR [One Hundred Only].

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk.

In no case shall ALCOTECH INTERNET PVT LTD our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless ALCOTECH INTERNET PVT LTD and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference or your violation of any law or the rights of a third-party.

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of India and jurisdiction of Bangalore, Karnataka.

CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

CONTACT INFORMATION

Write us at support@DARUAPP.com and submit your queries.