DuckHawk Services Pvt. Ltd. ("DSPL") is the licensed owner of the brand “MilkCart”, Websites “www.MilkCart.co.in”, "www.MilkCart.xyz" and the Mobile Application “MilkCart” (“Website/Application”). By accessing the services provided by the Application/Website you agree to the following Terms of Service
As part of the registration process on the Website/Application, DSPL may collect the following personally identifiable information about you; Name, email address, mobile phone number, contact details, Address, Postal code, Lifestyle preferences, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the Website/Application you visit/access, the links you click on the Website/Application, the number of times you access the page and any such browsing information
DSPL grants you a limited sub-license to access and make personal use of this Website/Application and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of DSPL. This license does not include any resale or commercial use of this Website/Application or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website/Application or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website/Application or any portion of this Website/Application may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of DSPL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website/Application or of DSPL and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Website/Application’s or DSPL's name or trademarks without the express written consent of DSPL. Any unauthorized use terminates the permission or license granted by DSPL.
All shoppers have to register and login for placing orders on the Website/Application. You have to keep your account and registration details current and correct for communications related to your purchases from the Website/Application. By agreeing to the terms and conditions, the shopper agrees to receive promotional communication and newsletters upon registration. The customer can opt out either by unsubscribing or by contacting the customer service
All the products listed on the Website/Application will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery, additional charges will be collected or refunded as the case may be at the time of the delivery of the order.
You as a customer can cancel your order anytime up to the cut-off time of the slot for which you have placed an order by deleting it from the app. In such a case we will refund any payments already made (if any) by you for the order. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the Website/Application, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
DSPL is in the business of selling products listed on the Website/Application and does not undertake the manufacturing of these products. We ensure basic quality checks like Expiry Date etc but are not liable for any medical/health/or other repercussions pertaining to the consumption of the product. The customer is solely responsible for the product purchased and the effects of the consumption of these products are customer's responsibility including any expenses or costs that medical treatment or any other action may ensue.
DSPL employs Part-time Delivery Boys. DSPL is not responsible for any act of theft/ vandalism/ harassment cause by the Delivery Boys.
1. That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by DSPL for redelivery shall be claimed from you.
2. That you will use the services provided by the Website/Application, its affiliates, consultants and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Website/Application.
3. You will provide authentic and true information in all instances where such information is requested of you. DSPL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (partly or completely), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated Website/Applications without prior intimation whatsoever.
4. That you are accessing the services available on this Website/Application and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Website/Application.
5. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
6. That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
7.We are not liable for any complaints reported after 6 hours.
We have made every effort to display the colors and images of the products that appear on the Website/Application as accurately as possible. However, as the actual colors and images you see will depend on your handset or on the product, we cannot guarantee that your handset's display or the actual product will be exactly same as the color and image on the website/application.
DSPL may at any time modify the Terms of Service of Use of the Website/Application without any prior notification to you. You can access the latest version of these Terms of Service at any given time on the Website/Application. You should regularly review the Terms or Service on the Website/Application. In the event the modified Terms of Service is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms of Service of Use of this Website/Application.
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Hyderabad, India, shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by DSPL and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Hyderabad. The High Court of judicature at Hyderabad alone shall have the jurisdiction and the Laws of India shall apply.
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Website/Application on or by this Website/Application or otherwise disclosed, submitted or offered in connection with your use of this Website/Application (collectively, the Comments") shall be and remain the property of DSPL. Such disclosure, submission or offer of any Comments shall constitute an assignment to DSPL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, DSPL owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. DSPL will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. DSPL is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website/Application will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website/Application will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". DSPL does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website/Application. You grant DSPL the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify DSPL and its affiliates for all claims resulting from any Comments you submit. DSPL and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
DSPL, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website/Application. Access to this Website/Application does not confer and shall not be considered as conferring upon anyone any license under any of DSPL or any third party's intellectual property rights. All rights, including copyright, in this Website/Application are owned by or licensed to DSPL. Any use of this Website/Application or its contents, including copying or storing it or them in whole or part, other than for your own personal, non- commercial use is prohibited without the permission of DSPL. You may not modify, distribute or re-post anything on this Website/Application for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of DSPL, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website/Application. Access to this Website/Application does not authorize anyone to use any name, logo or mark in any manner. References on this Website/Application to any names, marks, products or services of third parties or hypertext links to third party Website/Applications or information are provided solely as a convenience to you and do not in any way constitute or imply DSPL endorsement, sponsorship or recommendation of the third party, information, product or service. DSPL is not responsible for the content of any third party Website/Applications and does not make any representations regarding the content or accuracy of material on such Website/Applications. If you decide to link to any such third party Website/Applications, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website/Application (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website/Application for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website/Application or any related software. All software used on this Website/Application is the property of DSPL or its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website/Application may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website/Application is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by DSPL, one of its affiliates or by third parties who have licensed their materials to DSPL and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website/Application is the exclusive property of DSPL and is also protected by Indian and international copyright laws.
You understand that by using this Website/Application or any services provided on the Website/Application, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website/Application and any service at your sole risk and that to the fullest extent permitted under applicable law, DSPL and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
You agree to defend, indemnify and hold harmless , DSPL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to or DSPL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or DSPL. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website/Application. DSPL may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website/Application, such termination will be without any liability to DSPL. Upon any termination of the User Agreement by either you or DSPL, you must promptly destroy all materials downloaded or otherwise obtained from this Website/Application, as well as all copies of such materials, whether made under the User Agreement or otherwise. DSPL's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website/Application or affect any liability that may have arisen under the User Agreement.
If you wish to contact the company, you can contact us by sending an e-mail to: namaste@DSPL.co.in