Version 1.0

Last Updated: 22th Nov 2022
 
 
This document is an electronic record published following the provisions of the Information Technology Act 2000  and the rules thereunder and generated by a computer system and does not require any physical or digital signatures.

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These terms of use ("Terms of Use") mandate the terms on which users or visitors (the “Users”) access the platform www.pantryhub.in and any corresponding websites or mobile applications (the “Platform”), owned and operated by Pantry Hub.

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Users are requested to carefully read the Terms of Use before using the Platform or registering on the Platform or accessing any material or information through the Platform. Through the continued use of the Platform, or accepting these Terms of Use at the time of creating an Account, Users accept these Terms of Use and agree to be legally bound by the same.

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Pantry Hub retains an unconditional right to modify or amend these Terms. You can determine when these Terms were last modified by referring to the “Last Updated” legend above. You can access the latest version of these Terms at any given time on the Platform. You should regularly review the Terms on the Platform. Your continued use of and access to the Platform shall be Your consent to such changes. In the event the modified Terms are not acceptable to You, You should discontinue accessing the Platform.

 

Services

1. The Platform provides Users with the following services (collectively, the “Pantry Hub Services”): a personal, limited, non-exclusive, non-transferable, and revocable privilege to access and use the Platform to purchase select products including consumer goods such as grocery, pharmaceutical products, alcohol beverages, tobacco products (collectively, “Product(s)”) from the Pantry Hub, sold on a business to consumer (B2C) basis for personal consumption and not for resale and accessing services provided by the Pantry Hub, through the Platform, including but not limited to last-mile delivery of Products; and promptly and efficiently responding to Your queries or issues relating to Your Account and the services availed by You, using the Platform.
2. Pantry Hub may, at its absolute sole discretion, add, modify, upgrade, extend or withdraw any of the Pantry Hub Services listed above from time to time, and at its sole discretion. Pantry Hub does not provide any guarantee that the Pantry Hub Services will be made available to Users at all times. The Pantry Hub may also make applicable, at its discretion, additional terms and conditions specific to any category or section of Products in addition to these Terms and Your purchase of any of such category or section of Products shall also be governed by such additional terms and conditions. Before applying or registering for availing any of the Services, we request You to please check if the Services are available in Your area or city.
3. Users hereby acknowledge that Pantry Hub shall not be liable for any damages of any kind arising from their use of the Pantry Hub Services, including, but not limited to direct, indirect, incidental, punitive, special, exemplary, or consequential damages.
4. Transactions through the Marketplace may be subject to a delivery charge where the minimum order value is not met. You will be informed of such delivery charges at the stage of check-out for a transaction through the Marketplace. Transactions through the Marketplace may be subject to a convenience & safety fee. You will be informed of such convenience & safety fees at the stage of check-out for a transaction through the Marketplace.
5. Pantry Hub Services cannot be initiated for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items that are prohibited by any statute or law or regulation. Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier's cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages (except as specifically provided) or any intoxicant or narcotics and psychotropic substances.
6. The Pantry Hub does not: (i) adopt any ‘unfair trade practices’ either on the Platform or otherwise concerning the Products and Services; and (ii) discriminate between Users of the same class or make any arbitrary classification of the Users.

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Eligibility

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The Services are not available to minors i.e., persons under the age of 18 (eighteen) years, undischarged insolvent, or to any Users who are not competent to enter into a contract under the Indian Contract Act,1872, unless otherwise provided hereunder. You hereby represent that You are:(i) of legal age to form a binding contract, (ii), not a person barred from receiving the Services from the Platform under the applicable laws; and (iii)competent to enter into a binding contract. If You are under the age of 18, You shall use and access the Services only with the express consent of a parent or guardian and under their supervision.

Pantry Hub reserves the right to refuse access to the Platform at any time to new Users or to terminate or suspend access granted to existing Users without any reason for doing so. Users shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, Users are prohibited from selling, trading, or otherwise transferring their Account to another party or impersonating any other person to create an Account with the Platform.

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Registration

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 To access the Services on the Platform, You will have to register and create an account on the Platform by providing details as may be required in the Privacy Policy (“Account”).

 

You are solely responsible for the information You provide to Us. You shall ensure and confirm that the Account information and all information provided by you is complete, accurate and up-to-date. If there is any change in the Account information, or if any information is found to be incomplete or incorrect, You shall promptly update Your Account information on the Platform or request Pantry Hub for information revision or update. If the information provided by You is untrue, inaccurate, unauthorised, not current, or incomplete (or becomes untrue, inaccurate, not current, or incomplete), or Pantry Hub reserves the right to refuse any of the Services if Pantry Hub has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete. Pantry Hub reserves the express right to refuse access to the Services at any time without notice for Your failure to abide by the Terms as set forth herein or to comply with applicable laws including concerning accessing alcoholic beverages and/or tobacco products through the Platform.

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You will be responsible for the confidentiality of the Account information provided and fully responsible for all activities on Your Account. You agree to immediately notify Pantry Hub of any unauthorised access to Your Account. You may be held liable to pay damages for losses caused due to the unauthorised use of Your Account due to Your failure to keep your Account information secure and confidential.

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Pantry Hub shall use User location-based information that is captured by Pantry Hub through the global positioning system when they use their mobile device or computer to request a Pantry Hub Service on the Platform. Such location-based information shall be used by Pantry Hub only to facilitate and improve the Pantry Hub Services being offered to Users.

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In the case where the Platform is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Pantry Hub reserves the full discretion to suspend a User's Account in the above event and does not have the obligation/liability to share any Account information whatsoever.

 

Prices of Products

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The prices of each of the Products may vary due to various factors and You may check the price on the Platform before placing an order. By placing an order You agree to pay the prices mentioned therein. All the Products listed on the Platform will be sold at Indian Rupees either the Maximum Retail Price (MRP)(inclusive of all taxes) or a discounted price unless otherwise specified. The prices of the Products may be modified from time to time. The Pantry Hub endeavours to make available the Products at the best prices possible on the Platform. There can be an unintended error concerning the Prices and other information about the Products. You may bring it to Our notice of such errors and we shall effect necessary corrections.

The Users will be informed about all the charges, fees, and costs (including, delivery fees) that may be levied on the purchase of the Products on the Platform at the checkout page during a transaction. The Pantry Hub does not manipulate the price of any Products and/or Services offered on the Platform.

 

Payments

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 The information relating to the accepted payment methods on the Platform shall be displayed during the purchasing process. To the extent permitted by applicable law and subject to the Privacy Policy, You acknowledge and agree that the Company may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information. The Company can ensure such third-party vendors and service providers possess necessary licenses from the appropriate authority.

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 To avail of the Services, You undertake to use and provide valid bank details or other details required for facilitating payment towards the Services (“Payment Details”). By providing the Payment Details, You represent, warrant, and covenant that: (a) You are legally authorized to provide such Payment Details; (b) You are legally authorized to perform payments using such Payment Details, and (c) such action does not violate the terms and conditions applicable to Your use of such Payment Details or applicable law. You may add, delete, and edit the Payment Details You have provided from time to time through the Platform.

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The Company shall not be responsible for any unauthorised transactions conducted on the Platform using Your Payment Details. The Company shall not be obligated to refund any money to You in such instances. The payment facility provided by Company is neither a banking nor a financial service but is merely a facility providing an electronic, automated online electronic payment system, and receiving payment on delivery for the transactions on the Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable. For some payment methods, Your issuer may charge You certain fees, such as transaction fees or other fees, relating to the processing of Your transaction.

 

Delivery

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The Company shall provide delivery of the Products within 30 Minutes as per our delivery policy. The Company endeavours to deliver the order in the estimated time, however, the Company does not guarantee the delivery within the said time, since the exact delivery time of each order may vary due to various factors such as availability of third-party delivery service providers, demand, traffic and weather conditions, a force majeure event, etc. You agree that the Company reserves the right to charge You, a fee for rain, peak hours and/or very high demand in addition to the delivery fee towards the delivery of the orders, which you can see on the view bill section before checkout page on the App.

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The delivery of the Products will be made to the delivery address specified by You while placing the order for the Products on the Platform. You are solely responsible for providing a complete and correct delivery address and, if applicable, further instructions for delivery. The Company shall not be responsible for any delay in delivering the order placed by You on the Platform caused due to the incorrect or incomplete address provided by You.

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The delivery service is provided through third-party delivery service providers. The third-party delivery service providers will ordinarily make deliveries when an appropriate person can receive the order at the address provided by You. If You request to leave a delivery unattended at Your address, You expressly disclaim the Company from all the liabilities which may arise by the Products being left unattended for some time. This includes but is not limited to theft, tampering, contamination, and the result of any change in temperature of the items which need to be kept chilled or frozen.

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  In the event You opt to make payment for the Products by ‘Cash on Delivery (CoD)’ mode, the third-party delivery service providers shall have the right to refuse delivery of the ordered Products to You if You fail to make the complete payment and the Company shall treat such order as cancelled order and shall not be liable for any losses or damage that may arise on account of such non – delivery to You. The Company shall reserve the right to charge You, the delivery fee for such cancelled order and recover the same, at its sole discretion towards the cost incurred on the such delivery attempt.

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Returns, Cancellations, and Refunds

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Returns 
You may return the Product in order If the wrong item is delivered other than what You had ordered in order or if Items are substantially damaged, expired or deteriorated in quality at the time of delivery. You agree that You shall give Us all the requisite proofs including but not limited to images of Products having issues. You shall check the Products upon delivery and initiate an exchange or return with the requisite proofs on the Platform. You may exchange or return the product by contacting Our customer care also. IT IS HEREBY CLARIFIED THAT NO EXCHANGE OR RETURNS SHALL BE ACCEPTED IF THE PRODUCT PACKAGING IS OPENED OR THE PRODUCT IS USED/CONSUMED EITHER IN PART OR OTHERWISE.
You may request an exchange or return the Products, purchased from Us provided the Products are sealed/unopened/unused and in original condition and on the same day of delivery. Please note, that requests for exchange or returns will not be accepted from the day following the day when We had delivered the Product/s to You. We may request You dispose of the Products for which We have processed a refund.

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Cancellations

You may cancel an order without charge at any time before the Company accepts the order. You cannot cancel the order post acceptance of the order by the Company. The Company may cancel an order (in full or partially) for reasons including shortage or unavailability of certain Products or force majeure events. In case the Company cancels any order, You will not be charged for such cancellations, and the Company will refund You for any payment already made.

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Refunds

Please be informed that when You opt to cancel or return the Products, upon our verification of the Products and the documents relating thereto, the refund amount for such Products which are eligible for return as per these Terms, will be processed within a period of seven (7) business days from the date of us verifying and confirming the refund request. Your refund will be processed only when the conditions as may be stipulated by Us are fulfilled. The refund amount will be credited to the source account or as may be chosen by You. You acknowledge that after initiation of refund, it may take additional time for Your refund to reflect in Your account which is subject to Your financial institution or payment gateway service provider's terms and conditions

 

The terms for the acceptance of returns, cancellation and refunds shall be subject to reasonable additional conditions and shall be communicated to the User, from time to time, through the push notifications on the Platform, or any other mode of communication as specified in these Terms or as determined by the Company.

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User care

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The warranty and guarantee, if any, applicable to the Products shall be that of the manufacturer and You may directly reach out to the manufacturer through the customer care details made available on the Product packaging. The Company is merely a reseller and disclaims any liability concerning the manufacturing defects, quality, taste, or performance of the Products sold.

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You agree and understand that the Product images are a representation of the Product and not an actual image of the Product sold to You and You shall read the physical product label for the calorific and nutrition value, using instructions, batch, manufacture date, content, weight, manufacturer and the customer care details, as may be relevant, before consumption of the Products. WHILE EVERY REASONABLE EFFORT IS MADE TO MAINTAIN THE ACCURACY OF INFORMATION ON THE PLATFORM, ACTUAL PRODUCT PACKAGING MAY CONTAIN MORE AND/OR DIFFERENT INFORMATION THAN WHAT IS SHOWN ON THE PLATFORM. IT IS RECOMMENDED TO REFER TO THE INFORMATION PRESENTED ON THE ACTUAL PRODUCT PACKAGING

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Company reserves its right to refuse to process transactions by Users with a prior history of questionable transactions including without limitation breach of any agreements by User with Company or breach/violation of any law or any charges imposed by bank or breach of any policy without giving any reasons. The company may do such checks as it deems fit before approving the User's order for security or other reasons at the discretion of the Company. As a result of such checks, if the Company is not satisfied with the credibility of the User or the genuineness of the transaction, it will have the right to reject such an order. The company may delay the dispatch or cancel any transaction at its sole discretion, if it is suspicious of any User's authenticity or activity or if the User is conducting high transaction volumes, to ensure the safety of the transaction.

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Beware of fraud

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Please do not share Your debit/credit card number, CVV number, OTP, UPI/ATM pin and other sensitive information with anyone claiming to be a company representative. The company or its authorised representatives will NEVER ask You to share the aforesaid details. Beware of fraudsters and please report incidents immediately to Your bank, the nearest police station and at https://cybercrime.gov.in/.

For assistance on a Pantry Hub order or refund-related issues, contact Customer Care
Please exercise caution to verify the portals/website links claiming to be Pantry Hub or a lookalike or a payment link shared over social media or social messaging app claiming to be Pantry Hub discounts or offers and proactive calls from unauthorised numbers requesting personal/financial information.

 

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Intellectual Property Rights

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The Platform and the processes, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (and any combinations thereof) (collectively, the “Content”) on the Platform is licensed to the Company 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.

The trademarks, logos and service marks displayed on the Platform(“Marks”) are the licensed property of the Company or owned by third parties. You are not permitted to use the Marks without the prior consent of the Company or the relevant third party (which is the owner of the Marks) respectively. Access or use of the Platform does not authorize any party to use trademarks, logos, or any other mark in any manner.

The Company disclaims to hold any right, title, or interest in and to the intellectual property rights arising out of or associated with the Products. References on the Platform of any name, mark, services or products of third parties have been provided after the express consent of such third party for Your convenience, and in no way constitutes an endorsement, sponsorship or recommendation, whether express or implied.

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Use of Platform

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Subject to compliance with the Terms, the Company hereby grants You a personal, non-exclusive, non-transferable, limited, revocable privilege to access and use the Platform. You agree to use the Platform only: (a) for purposes that are permitted by the terms; (b) by any applicable law, regulation or generally accepted practices or guidelines; and (c) for availing the Services through the Platform. You agree not to engage in activities that may adversely affect the use of the Platform by the Company and/or other Users.

You agree that the Platform or any portion of the Platform shall not be reproduced, duplicated, copied, sold, resold or otherwise exploited for commercial purposes.

You agree to not frame or utilise the framing techniques to enclose any trademark, logo or any other proprietorship information of the Platform.

You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by the Company. You shall not use any deep link, robot, spider or another automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.

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Disclaimer of Warranties & Liabilities

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The Platform and Pantry Hub Services are provided by Pantry Hub on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Pantry Hub makes no warranty that (i) the Platform, Pantry Hub Services will meet User requirements or use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet User expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by Users from Pantry Hub shall create any warranty not expressly stated in the Terms of Use.

Pantry Hub will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Pantry Hub also disclaims all liability concerning the misuse, loss, modification or unavailability of any User content.
Pantry Hub will not be liable for any loss that Users may incur as a consequence of unauthorized use of their Account or Account information in connection with the Platform either with or without their knowledge.

Pantry Hub shall not be responsible for the delay or inability to use the Platform, Pantry Hub Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Pantry Hub shall not be held responsible for the non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Pantry Hub's control. Users understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at their discretion and risk and that they 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.

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Indemnification and Limitation of Liability

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You agree to indemnify, defend and hold harmless Pantry Hub and its affiliates including but not limited to its (and its affiliates) officers, directors, consultants, agents, representatives and employees; and its third-party partners (“Indemnitees”) from and against any losses, liabilities, claims, damages, demands, costs and expenses (including reasonable legal fees) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by You under these Terms and/or the Privacy Policy. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of thePlatform, any misrepresentation concerning the data or information provided by You, Your violation of the Terms and/or the Privacy Policy, Your violation of applicable laws, or Your violation of any rights of another, including any intellectual property rights.

In no event shall the Company and its directors, officers, partners, consultants, agents, and employees and its third-party partners, be liable to You or any third party for any special, incidental, indirect, consequential, or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or content on the Platform.
The limitations and exclusions in this Section apply to the maximum extent permitted by applicable laws.

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Violation of the Terms of Use

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You agree that any violation by You of these Terms will likely cause irreparable harm to the Company, for which monetary damages would be inadequate, and You consent to the Company obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Company may have at law or in equity.

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Suspension and Termination

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The Terms will continue to apply until terminated by either You or the Company as set forth below. If You object to the Terms or are dissatisfied with the Platform, You may (i) close Your Account on the Platform; and/or (ii) stop accessing the Platform.  
The Company may disable Your access or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion, that You have violated any term of these Terms or the Privacy Policy or in any way otherwise acted unethically. Notwithstanding anything in this Clause, all terms which by their nature are intended to survive such termination will survive indefinitely unless and until the Company chooses to terminate them. Any such termination under the clauses mentioned above shall not cancel Your obligation to pay for a Product purchased on the Platform, or any other obligation which has accrued, or is unfulfilled and relates to the period, before termination. You shall be liable to pay any fees or charges, if applicable in respect of the Services until the date of termination by either party whatsoever.

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Governing Law and Jurisdiction

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These Terms shall be governed by and constructed by the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts at Haryana, India.

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Grievance Redressal Mechanism

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For any order-related issue, You may first reach out to Us via Whatsapp (73010 01073) chat support on the App for real-time basis resolution.
You may also write to Us at customercare@pantryhub.in and We will strive to resolve Your order-related grievance within the timelines prescribed under applicable laws.

If You still have any grievances, complaints or concerns concerning the Platform or order or are not satisfied with the resolution, the Content, or the Services, You can contact the designated Grievance cum Nodal Officer of the Company, which can be accessed from suryakant@pantryhub.in. Details of the Grievance cum Nodal Officer are provided in compliance with (1) Information Technology Act, 2000 and rules made there under,  and (2) Consumer Protection (E-Commerce) Rules 2020, as amended from time to time.

 

 

Communications

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 You hereby expressly agree to receive communications by way of SMS, telephone or VOIP calls, messaging apps like WhatsApp on the registered mobile phone number /or electronic communications like e-mails from the Company and other third parties duly authorised by the Company. You hereby expressly consent to the monitoring and recording, by the Company of any communications between You and the Company or its agents, employees, consultants, contractors, or representatives of the Company or their authorised partners, and such monitoring or recording waives any further notice or consent requirement under the applicable laws.
You can unsubscribe or opt-out from receiving communications from the Company. In which case, the Company will only send communications solely required for availing the Services by You.

 

 

General Provisions

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Amendments: Pantry Hub reserves the unconditional right to modify or amend this Terms of Use, Privacy Policy, and Policies without any requirement to notify Users of the same. Users can determine when these Terms of Use were last modified by referring to the “Last Updated” legend above. It shall be the User’s responsibility to check these Terms of Use, Privacy Policy, and Policies periodically for changes. The User’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same.
Notice: All notices from the Company will be served by email to Your registered email address or by messaging app on the registered mobile phone number or by general notification on the Platform.
Assignment: You cannot assign or otherwise transfer any rights granted hereunder to any third party. The Company’s rights under the Terms are freely transferable by the Company to its successor or any third party without the requirement of seeking Your consent.
Severability: If for any reason any provision of the Terms, or any portion thereof, is unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms shall continue in full force and effect.
Force Majeure: The Company and/or the Platform shall not be liable to You for its failure to perform or for the delay in providing You access to Your Account or the Platform or any Services thereof, to the extent such failure or delay results from causes beyond its reasonable control, including, without limitation, acts of God, fires, explosions, wars or other hostilities, insurrections, revolutions, strikes, labour unrest, earthquakes, floods, pandemic, epidemics or regulatory or quarantine restrictions, unforeseeable governmental restrictions or controls or a failure by a third party hosting provider or internet service provider or on account of any change or defect in the software and/or hardware of Your computer system.

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