These terms and conditions ("Agreement") outline the general terms of use for the "Pikvita" mobile application ("Mobile Application" or "Service") and its related products and services (collectively, "Services"). This Agreement is legally binding between you ("User", "you," or "your") and Pikvita Technologies Private Limited ("Pikvita," "we," "us," or "our"). By accessing and using the Mobile Application and Services, you confirm that you have read, understood, and agree to the terms of this Agreement. If you are entering into this Agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this Agreement, and the terms "User", "you," or "your" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this Agreement, you must not accept this Agreement and may not use the Mobile Application and Services. You acknowledge that this Agreement is a contract between you and Pikvita, even though it is electronic and not physically signed by you, and it governs your use of the Mobile Application and Services.
1. User Eligibility & Registration
By accessing Pikvita, you represent that you are 18 years of age or older, capable of entering into a legally binding agreement, and have the right, authority, and capability to abide by all provisions of Pikvita Technologies Private Limited Services. You are not barred from accessing or using Pikvita's services under Indian law, nor are you impersonating any person or entity or falsely stating your age or affiliation.'
Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration
2. Accuracy of Information
Occasionally there may be information in the Mobile Application that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, availability, promotions and offers. 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 Mobile Application or Services 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 Mobile Application including, without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Mobile Application should be taken to indicate that all information in the Mobile Application or Services has been modified or updated.
3. Billing and Payments
We accept various forms of payment, including, but not limited to, credit/debit cards, net banking, and digital wallets. We reserve the right to verify and authorize all provided payment methods before accepting an order.
You shall pay all fees or charges to your account in accordance with the fees, charges. We reserve the right to change products and product pricing at any time. We also 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.
4. Returns, Refunds & Cancellation
Pikvita will endeavor to assist Buyers who have bonafide disputes on the Products provided to them by the Sellers. The return policy and return policy period depends on the product category, the Seller's refund policy and the Seller.
Replacement: If at the time of delivery and/or within the applicable return policy period, if any defect is found, then the buyer of the product/s or service/s can ask for replacement of the product/s or service/s from the Seller subject to the following terms and conditions:1. Notify Seller of any defects in the product/s or service/s at the time of delivery of the product/s and/or within the applicable return policy period and the same product/s will be replaced in return of the defective product/s.2. Replacement can be for the entire product/s or part/s of the product subject to availability of the same with the Seller.
You may also return the Product in an order if:1. wrong item being delivered other than what You had ordered in an order or2. Items substantially damaged 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.
Following products shall not be eligible for return or replacement:1. Damages due to misuse of product;2. Products with tampered or missing serial/UPC numbers;3 .Any damage/defect which are not covered under the manufacturer's warranty.4. Any product that is returned without all original packaging and accessories, including the box, manufacturer's packaging if any, and all other items originally included with the product/s delivered;
Cancellation by Customer: Orders may be canceled only before they have been accepted by our partners. Once preparation has begun, orders cannot typically be canceled; however, exceptions may occur at our sole discretion.
Cancellation by Pikvita: In the event we must cancel an order due to circumstances such as unavailability of items or other unforeseeable operational challenges, we will provide a full refund.
Return Policy: We accept returns for defective items from our store section only. Items must be unused and in original packaging. Contact us within 7 days of receiving the item.
Refund Process: Eligible refunds are processed to the original method of payment and may take up to 24-48 hours to reflect in your account, depending on the payment service provider's policies.
5. THIRD-PARTY LOGISTICS AND DELIVERY POLICY
Delivery Partners: Pikvita employs third-party logistics partners ("Delivery Partners") for order delivery. While we select reputable Delivery Partners, we do not have direct control over their operations and thus cannot be held liable for any issues that arise during the delivery process, including but not limited to delays or damage.
Delivery Areas and Times: Our Service provides delivery in designated areas, which are subject to change. We strive to meet delivery times but cannot guarantee them due to potential unforeseen circumstances such as weather, traffic, or other logistical challenges.
Customer Responsibilities: You are responsible for providing accurate delivery information and ensuring availability at the time of delivery. In cases where the delivery is unsuccessful due to customer unavailability or incorrect information, and the food is perishable, we may be unable to offer a refund or redelivery, per the policies of our Delivery Partners.
6. Intellectual property rights
This Agreement does not transfer to you any intellectual property owned by Pikvita Technologies Private Limited or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with Pikvita Technologies Private Limited. All trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services, are trademarks or registered trademarks of Pikvita Technologies Private Limited or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Mobile Application and Services may be the trademarks of other third parties. Your use of the Mobile Application and Services grants you no right or license to reproduce or otherwise use any of Pikvita Technologies Private Limited or third party trademarks.
7. Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Mobile Application and Services or Content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) 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 Mobile Application and Services, third party products and services, or the Internet; (h) to spam, phish, pharm, pretext, spider, crawl, or scrape; (i) for any obscene or immoral purpose; or (j) to interfere with or circumvent the security features of the Mobile Application and Services, third party products and services, or the Internet. We reserve the right to terminate your use of the Mobile Application and Services for violating any of the prohibited uses.
8. Limitation of liability.
To the fullest extent permitted by applicable law, in no event will Pikvita Technologies Private Limited, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages. To the maximum extent permitted by applicable law, the aggregate liability of Pikvita Technologies Private Limited and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to Pikvita Technologies Private Limited for the prior one month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose
9. Indemnification
You agree to indemnify and hold Pikvita Technologies Private Limited and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Mobile Application and Services or any willful misconduct on your part.
10. Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
11. Changes and amendments
We reserve the right to modify this Agreement or its terms relating to the Mobile Application and Services at any time, effective upon posting of an updated version of this Agreement in the Mobile Application. When we do, we will revise the updated date at the bottom of this page. Continued use of the Mobile Application and Services after any such changes shall constitute your consent to such changes.
12. Acceptance of these terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Mobile Application and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to access or use the Mobile Application and Services.
13. Contacting us
If you would like to contact us to understand more about this Agreement or wish to contact us concerning any matter relating to it, you may send an email to support@pikvita.com
This document was last updated on June 13, 2024.