This GOLDEN APP Customer Agreement (GACA) is a legal agreement between you (either an individual person or a single legal entity, who will be referred to in this GACA as “YOU”) and GOLDEN APP (referred herein as GOLDEN APP). By registering on GOLDEN APP, accessing or otherwise using the site www.GOLDEN APP, YOU agree to be bound by the terms of this GACA.
GOLDEN APP CUSTOMER AGREEMENT (GACA)
GOLDEN APP is an online marketplace developed and maintained by GOLDEN APP for Senior citizens. The proprietary manuals, printed or on-line material and other text or pictures are protected by copyright laws defines GOLDEN APP or its associates as having full intellectual & proprietary rights on the concept and services offered along with all contents in various forms.
INTERPRETATION
In this Agreement, except where the context otherwise requires, capitalised words and expressions set out in the background section above shall have the meanings set out in that section and the following words and expressions shall have the following meanings:
i) “GACA” means this Agreement entered into by and between the GOLDEN APP and customer using GOLDEN APP;
ii) “GOLDEN APP” shall mean the on-line App, fully owned by the GOLDEN APP to manage the online Health & Community service & Delivery platform or other items as offered from time to time;
iii) “Customer/User/Member” shall mean the person(s) registered at GOLDEN APP for the purpose of buying items offered at GOLDEN APP ; the same applies to people who are using the App without registering with it.
GRANT OF LICENSE.
This GACA takes into account not just the act of purchasing goods and/or availing services through GOLDEN APP platform but also all other activities which are associated with each transaction such as:
- Delivery,
- Payment facilitation,
- Supply chain and service management.
By using the GOLDEN APP App or registering with GOLDEN APP App or by checking on an “I accept” tab confirms your affirmative acceptance and your binding to this agreement. By all means, it is presumed and accepted that you are above the age of majority which is 18 years in India.
Authentication and Identification
As there is no physical contact of customer while registering with GOLDEN APP, it is presumed that the information provided by the customer registering/ordering is correct and notifies the free will to accept the terms of this agreement.
You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment
Privacy
To complete the online transaction, collecting some form of personal information of the customer such as details about your identity and billing/shipping address is mandatory and GOLDEN APP will collect, retain and use your personal information, including your name, address, email address and payment details. Apart from the collection of primary data from the customer, GOLDEN APP may also collect a variety of other indirect information such as customers’ personal choices and preferences and patterns of search. Your personal information will be used primarily to provide services and product functionality to YOU either by GOLDEN APP or its contractors or business partners. GOLDEN APP may also use your personal information for additional communication with YOU, subject to applicable laws. We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
Consumer Protection
GOLDEN APP limits its liability when there is “deficiency in service” or “defect in goods” or occurrence of “unfair trade practice” limited to refund of payments made to GOLDEN APP for that particular transaction only and YOU shall not be liable for any claims or compensations for any losses or damages occurred due to failure on GOLDEN APP part.
Under any such circumstances, YOU will have the following provisions, only during the time of service &/or delivery, as below:
- Replacement of goods / service (subject to different time delivery),
- Return of defective goods
Replacement of goods /services is subjected to breakage/leakage or quality or freshness or expiry of the products only and will be replaced without any extra charges. But in case of change of product is solicited, GOLDEN APP may levy a shipping fee on the repeat delivery and may also charge additional in case the order amount is reduced below the minimum order required under any offer or any other scheme.
Pricing
All pricing mentioned in YOUR order email will be binding and YOU will have to pay as per the Gross Total mentioned in you purchase order. No cancellation of order or discounting shall be entertained at the time of delivery. All pricing mentioned at GOLDEN APP is inclusive of all taxes, as applicable excluding the shipping and handling charges which will be mentioned separately on your purchase order.
The Prices may change without any notice and the price reflected on your purchase order will be treated as final agreed pricing for that particular transaction. Offers are subject to GOLDEN APP discretion and may be withdrawn at any time and without notice
All prices are in India Rupee. VAT is included wherever not indicated
Shipping & Delivery
GOLDEN APP will be using various means for delivering goods to customer’s place and it may have variation in delivery time considering the traffic, breakage/fault in vehicle or any incident happened during travelling which is beyond the control of GOLDEN APP. In all such cases, GOLDEN APP will update you and will deliver the goods on next available time slot or as per mutually agreed time.
Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
In the case delivery is done by GOLDEN APP or a third party delivery partner assigned by GOLDEN APP, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by GOLDEN APP in either case.
Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
If the ordered service and product delivery capacity is available, we will accept the contract and confirm it.
Feedback
You agree to provide reasonable feedback to GOLDEN APP, including but not limited to usability, bug reports and test results. All bug reports, test results and other feedback provided to GOLDEN APP by YOU shall be the property of GOLDEN APP and may be used by GOLDEN APP for any purposes. Due to the nature of the business model, GOLDEN APP provides no assurance that any specific errors or discrepancies in the platform will be corrected.
Termination
If by any means, GOLDEN APP believes that the UserID is being shared by more than one person or used for masses for commercial purposes, GOLDEN APP is fully authorized to cancel the access of Your UserID without serving any notice to YOU. Communication and correspondence shall not be entertained in this regard. GOLDEN APP decision shall be final and binding in all the circumstances, whatsoever it may. The termination is also certain in case of any default in payments against delivery.
Limited Warranty
a) No Liability for Damages.
In no event shall GOLDEN APP or its heirs and its associates, be liable for any damages whatsoever (including, without limitation, damages for loss of time, limitation of use because of Internet traffic, inability of use because of server problems or any other pecuniary loss) arising out of the use of or inability to use GOLDEN APP system, even if GOLDEN APP has been advised of the possibility of such damages.
In all such cases, GOLDEN APP limits its liability when there is “deficiency in service” or “defect in goods” or occurrence of “unfair trade practice” limited to refund of payments made to GOLDEN APP for that particular transaction only
Venue and Jurisdiction
Any action taken or proceedings initiated on any of the terms of this Agreement shall only be in the Hon’ble courts of competent jurisdiction in Haryana exclusively.
Disclaimer
- GOLDEN APP is an online food selling App owned by GOLDEN APP (referred together herein as GOLDEN APP).
- GOLDEN APP will be using various means for delivering goods to customer’s place and it may have variation in delivery time considering the traffic, breakage/fault in vehicle or any incident happened during travelling which is beyond the control of GOLDEN APP.
Privacy Policy
To complete the online transaction, collecting some form of personal information of the customer such as details about your identity and billing/shipping address is mandatory and GOLDEN APP will collect, retain and use your personal information, including your name, address, email address and payment details.
