For more info call: 844-704-8532 or write on email: info@pickupbasket.com

1. GENERAL

Agreement: Please read these Terms and Conditions carefully before you use any of our services. These Terms and Conditions govern your access to and use of our Web Site www.pickupbasket.com and all our Mobile Apps. Our Web Site and Mobile Apps are available for your use only on the condition that you agree to the Terms of Use set forth below. If you do not agree to all of the Terms of Use, do not access or use our Web Site or Apps. By accessing or using the Web Site and Apps, you and the entity you are authorized to represent ("You" Or "Your") signify your agreement to be bound by the Terms of Use.

Modification of Agreement: The Company reserves the right to modify or terminate any portion of the Agreement for any reason and at any time. It is your responsibility to review this Agreement periodically. Your use of the Application following any such modification constitutes your agreement to follow and be bound by the Agreement so modified. Any additional terms and conditions, disclaimers, privacy policies and other policies applicable in general and/ or to specific areas of this Application or to particular Service are also considered as part of the Agreement.

2. OWNERSHIP & RESERVATION OF RIGHTS

The Site and Apps are owned and controlled by C W Logix Pvt. Ltd, the parent company of PickupBasket, having its corporate office at G – 273, Sector 63, Noida – 201301, India.

PickupBasket is engaged in the business of delivering goods, eatable, groceries and other products from one place to another the same day. By accepting these terms is assumed that you are desirous of availing the on demand pickup, buy and delivery services (“Services”) offered by PickupBasket.

Customer acknowledges and agrees that the Application and Service is provided under license, and not sold, to Customer. Your license to use the Application is personal, revocable, non-assignable and non-exclusive.

Customer acknowledges and agrees that PickupBasket is and shall remain the exclusive owner of all right, title and interest in and to the Application and Service, including without limitation all patent, copyrighted material, trade secret, trademark and other intellectual property rights therein, including any optimizations, enhancements, modifications, algorithms, trends or additional features added from time to time by PickupBasket, whether in connection with Customer Information, Customer’s use or feedback or otherwise, but specifically excluding any Third Party Licenses. PickupBasket acknowledges the proprietary rights of other parties mentioned on our Website.

Neither this Agreement nor Customer’s use of the Application or Services grants Customer any right to use, copy, reproduce, modify, publish, translate or distribute the PickupBasket logo, trade name, trademarks or service marks. Customer shall safeguard the Application, Services and related software (including all copies thereof) from infringement, misappropriation, theft, misuse or unauthorized access. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission.

Finally, Customer acknowledges and agrees that PickupBasket reserves the full right to make an amendment to any of its policies, including privacy policy and refund policy, without any notice to the Customer.

3. APPLICABILITY

Applicability of Terms: This Agreement applies to you whether you are: A customer/user registered with the Application ("Customer", "you" or "User"); and/or any other use of the Application; and "your" should be construed accordingly.

Services and Contract: This Agreement applies to all the services made available by the Company on the Application or made available through telephonic bookings or website/app bookings (available until the full implementation of the Application) and such services shall be governed by this Agreement. The Services may change from time to time, at the sole discretion of the Company, and the Company reserves the right to modify the Services without prior intimation or consent of the Customers.

4. OBLIGATIONS

Merchant’s Obligations:

» to ensure that the information provided to PickupBasket, regarding pick up or delivery address, phone number, contact person, bank details etc. are correct and accurate;

» To ensure that the Goods provided to Customers are:

» Of high merchantable and acceptable quality and fit for human consumption and free of defects and harmful or illegal substances;

» comply with all applicable laws and/or the rules, standards and guidelines issued thereunder, including but not limited to preparation, packaging and labeling requirements.

» Merchant and PickupBasket collectively shall be responsible for fulfillment and delivery of Orders to Customers. PickupBasket shall make best endeavors to facilitate successful delivery of products.

» It is clarified that the Merchant will be responsible for providing an invoice that will be accompanied with each Order.

» For the avoidance of doubt it is hereby expressly clarified that the Merchant acknowledges and agrees that he will be exclusively responsible and liable to the Customer for (i) quality of the Goods; and/or (ii) processing of the Orders that have been placed by the Customers with the Merchant. PickupBasket shall not be responsible or liable to the Customer for the same.

» The Merchant acknowledges and agrees that while PickupBasket will use its best endeavors to deliver the product, it is the ultimate responsibility of the Merchant to determine whether or not an Order is erroneous. In the event of a Problem Order, the Merchant undertakes to report such an erroneous Order to PickupBasket for further action and investigation. For clarification of doubt, an erroneous order means an order that may be specified in wrong quantity or its order details incorrect.

Customer's Obligation: The Customer shall warrant and undertake the following conditions:

» All Parcels are appropriately and securely packaged for carriage taking into account the content of the Parcel and ensuring that it does not cause damage or injury to equipment, personnel or otherwise; any parcel not packaged according to the packaging guidelines may be refused for transit or returned to the original sender without being delivered. Additional surcharges for the packaging being made secure during transit may be levied and no refund or claim for damage or loss can be accepted in this case.

» Under no circumstances, multiple boxes can be attached or tied together and sent as one parcel. Every parcel should be handed over to our delivery boy separately at the time of pick-up. In any such instance where the parcels become separated in transit, any refund or claim shall be rejected and additional surcharges may be applied to the order which the customer have to pay before the delivery of the parcels.

» All data to be provided by the Customer (including by electronic means) in relation to the ordering, carriage or invoicing of the Parcel must be accurate, complete, of the correct type, and be provided in a timely manner as required by the Company. Such data shall include but not be limited to the weight & size of the Parcel; an accurate description of the contents of the Parcel; a full and accurate name and address of the Receiver including the postcode, a mobile telephone number, and email address. If the Customer has failed to provide all such necessary data, then the delivery boy shall be entitled to refuse to carry the Parcel.

» The parcel must comply with all legal and statutory obligations and regulations regarding the Carriage of Parcels by road. The Customer shall fully indemnify and hold both the Company and the delivery boy harmless for any costs, expenses, loss or damage howsoever arising out of its or any third party's failure to comply with the provisions of this section.

Our Obligation to the Customer:

pickupbasket.com will arrange delivery of the parcel(s) through a delivery boy at the time of ordering.

pickupbasket.com reserves the right to without notice - introduce, change, remove any pricing, service or discount that is available online.

PickupBasket has the full right to refuse a parcel for a given reason such as no packaging, insufficient packaging or the parcel being too heavy or large.

All customer services queries/claims/refunds must be directed through our website www.pickupbasket.com or Mobile Apps. If the delivery boy is contacted directly, PickupBasket may not be able to assist you with your query at a later date and this could also affect your right to make a claim or refund with PickupBasket.com.

5. USER REQUIREMENTS AND CONDUCT

» You must be 18 years of age or older to register, use the Services, or visit or use the Application in any manner. By registering, visiting and using the Application or accepting this Agreement, you represent and warrant to the Company that you are 18 years of age or older, and that you have the right, authority and capacity to use the Application and the Services available through the Application, and agree to and abide by this Agreement.

» In cases, where a minor below the age of 18 years of age, wants to use this Application, such an Customer shall duly register herself/himself through the permission of her/ his parent/ legal guardian and such a parent/ guardian hereby agrees to accordingly register and supervise usage by, and be responsible for the action of any such minors who use the Application.

» You are responsible for each mobile/tablet you use to access the Application, including maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. The company will not be liable for your failure to update or use the Application in the appropriate manner.

6. ACCOUNT COMMUNICATIONS

After creating an account, Customer agrees the Application, Services and PickupBasket may send Customer information messages, including email messages, text messages or communications or notifications within the Application. The Service will include also certain communications from PickupBasket, such as service announcements, promotional offers and messages, administrative messages and e-newsletters. PickupBasket provides Customer the option of opting out from receiving newsletter mails and text messages; however, this may prevent PickupBasket from providing effective Services to the Customer.

7. NETWORK ACCESS AND DEVICES

You are responsible for obtaining the data network access necessary to use the Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Services from a wireless-enabled device and you shall be responsible for such rates and fees. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Services and Applications and any updates thereto. PickupBasket does not guarantee that the Services, or any portion thereof, will function on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

8. DISCOUNTS/PROMOTIONAL CODES CONDITIONS

» PickupBasket may, in PickupBasket’s sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that PickupBasket establishes on a per promotional code basis (“Promo/Coupon Codes”).

» You agree that Promo/Coupon Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by PickupBasket; (iii) may be disabled by PickupBasket at any time for any reason without liability to PickupBasket; (iv) may only be used pursuant to the specific terms that PickupBasket establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use.

» PickupBasket reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that PickupBasket determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.

» In the event PickupBasket has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, PickupBasket may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, PickupBasket reserves the right to seek compensation from any and all violators.

» Offers are subject to PickupBasket's discretion and may be withdrawn at any time and without notice.

» Please note - if a Promotional code is entered, this will replace any other discounts the user is entitled too. Two discounts cannot be used at the same time.

» Any credit issued by the PickupBasket to a PickupBasket Wallet can be used on a future order to get a Flat 25% discount on order value and cannot be withdrawn at any point. This does not affect your statutory rights.

9. SURCHARGES

Below are the circumstances in which the surcharges and additional charges become payable:

» If the parcel is not ready for collection until 30 minutes at the pickup point or the PickupBasket boy has to wait more than 30 minutes at the delivery location for any reason, then a waiting charge of Rs. 2 per minute after 30 minutes will be charged from the customer.

» Some areas may be subject to a remote area surcharge. This will automatically be calculated in our quoting system at the time of booking.

» In agreeing to PickupBasket’s terms and conditions, the Customer agrees that pickupbasket.com is authorized to automatically charge and collect surcharges (plus any kind of administration or payment transaction fees) from the payment method offered by the Customer for payment of the originally requested Services. If the original payment method is not available, all attempts will be made to recover the outstanding charges from the Customer.

10. THIRD PARTY SOFTWARE UPDATES

Our Application runs on specific versions of third party operating systems and browser software for your computer or Smart Device ("Platform Software"). When the third party provider issues an update to Platform Software, we will require additional time to provide a compatible update to the Application. If you update Platform Software prior to our making available an appropriate update to the Application, it is possible that you may no longer be able to use the Application, or the Application may not properly function.

11. SERVICES CONDITIONS

» The Company provides the services for delivery of your non-precious and un-breakable articles and disclaims any liability on account of losses or damages during transit.

» The charging fees for our services are dynamically calculated on our website www.pickupbasket.com and Apps. The Service Rates and this Terms of Use along with Privacy Policy and any relevant policy/acknowledgment/receipt given at the time of commencement of relevant Service, in effect at the time of collection of article for delivery, shall constitute the contract and shall govern your use of service obtained through www.pickupbasket.com.

» Application or any other telephonic booking or website booking (if allowed), in addition to any other terms and conditions that may be applicable to such transaction as provided in these Terms of Use. Service Rates and Privacy Policy are hereby incorporated into these Terms of Use, such that all references herein to the Terms of Use shall be deemed to include, to the extent applicable, the Service Rate and Privacy Policy.

» The Customer acknowledges and agrees that we may in future sub-contract provision of the Services to a carrier or a third party service provider.

12. ORDER BOOKING AND DELIVERY TERMS

Ordering:

» We are not obliged to accept any orders for the Services (Order) from the Customer. The contract will only be formed at the time we accept your Order.

» PickupBasket reserves the full right to deny the fulfillment of your order after confirmation anytime.

» The Customer warrants that he is either the owner of the articles/goods or is authorized by the owner to accept these Terms of Use on the owner's behalf.

» If you cancel an order after the PickupBasket delivery boy reaches the pickup location or picks up the order, no refund shall be entertained against your cancellation.

» While placing an order, it is the customer’s responsibility to ensure the parcel is feasible to carry on a bike and doesn’t exceed 15X15X20 and 5KG. If either the dimensions or weight or both exceed the permitted limits, PickupBasket reserves the full right to refuse the order or may impose additional charges as per the actual parcel weight and dimensions.

» Any changes in the order will be accepted if and only if the customer informs PickupBasket about the same either by calling on 8447048532 or by tapping ‘call us’ button provided in the App.

Delivery:

» It is mandatory for the parcel receiver to show a valid ID proof to our delivery boy at the time of delivery.

» Currently we accept COD orders up to Rs. 700. Bear in mind that Cash must be ready for a COD order at the time of delivery.

» Any amount paid in excess or short paid while placing an order, including COD order, will be adjusted at the time of delivery.

» There will be only one delivery attempt made for each parcel. If for any reason the customer is not available to receive the parcel at the time of delivery, our delivery boy will call the customer regarding same and deliver the parcel to customer’s designated person.

Acknowledgment:

The acceptance of an order will be valid if and only if you get a confirmation call or message on your registered mobile number from PickupBasket. As regard and the acceptance of order through website, app or telephonic conversation, we will call or send you a confirmation text message.

Commencement of Service:

» Service commences when we confirm your order via a confirmation call or message.

» Service shall (unless otherwise previously determined) end when the parcel is successfully delivered to the address set out by the customer in PickupBasket Website or App.

» If no safe and adequate access exists at the delivery address, Service shall end at the expiry of one hour after we have given notice to you by telephone of the inaccessibility. When for any other reason whatsoever the parcel cannot be delivered, then Services shall end at the expiry of the reasonable time as determined by Company. In such cases, the Customer will be solely responsible for taking back possession of the parcel and for paying for the Services.

Lien:

» Company shall have a general lien over the goods/articles against the Customer or the owner of the parcel (as applicable). This means that we will be entitled to retain possession over the goods/articles/parcel until all monies due from the Customer to Us are paid.

» Where such lien is not satisfied within a reasonable time, we may, in our absolute discretion, sell the goods/articles/parcel or any part of it as agent for the Customer to recover the charges payable by Customer. We will pay the proceeds to the Customer after deducting all proper charges and expenses in relation to the parcel and of all outstanding charges in relation to the Services and the expenses incurred by us in relation to the storage, insurance and sale of the parcel. You acknowledge and agree that we shall have no further liability or responsibility to you whatsoever in connection with the parcel.

Charges and Payment Security:

» Our charges are dynamically calculated on our website www.pickupbasket.com and Apps. Payment of these charges should be made before the completion of the Service.

» All charges quoted are inclusive of Value Added Tax, service tax or any other tax which, if applicable, shall be payable by the Customer in addition. All amounts due to Company by Customer shall be paid by You in full without any set-off, round-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).

» Despite all stringent security efforts, PickupBasket does not guarantee that transactions you conduct online are safe and secure. To achieve this, please read the terms of use, privacy policy and any other policies or agreements outlined on each respective third party website whose service the user may decide to avail at a given point in time.

13. LINKS TO THIRD PARTY WEBSITES

The Application may be linked to the website of third parties, affiliates and business partners. The Company has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on or through third-party websites.

Accordingly, the Company does not represent, warrant or endorse any third-party website, or the accuracy, currency, content, fitness, lawfulness or quality of the information material, goods or services available through third-party websites.

The Company disclaims, and you agree to assume, all responsibility and liability for any damage, loss, injury or other harm, whether to you or to third parties, resulting from your use of third-party websites. You may use the links and these services at your own risk.

14. DISCLAIMERS

No Warranties:

The Services provided by the Company or any of its licensors or service providers are provided on an "as is" and "as available" basis, and without any warranties or conditions (express or implied, including the implied warranties of merchantability, accuracy, fitness for a particular purpose, title and non-infringement, arising by statute or otherwise in law or from a course of dealing or usage or trade).

The Company does not provide or make any representation, warranty or guarantee, express or implied about the Application or the Services. The Company does not guarantee the accuracy or completeness of any content or information provided by Customer on the Application

To the fullest extent permitted by law, the Company disclaims all liability arising out of the Customer's use or reliance upon the Application, the Services, representations and warranties made by other Customers, the content or information provided by the Customers on the Application, or any opinion or suggestion given or expressed by the Company.

No Responsibility For Loss or Damage:

You agree that your use of the Application and Services is at your sole risk. You will not hold the Company or its contractors, delivery personnel, as applicable, responsible for any loss, damage or injury that results from your access to or use of the Services, or use of the Application, including and without limitation to any loss, damage or injury to any of article.

Limitation of Liability:

» Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

» By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant or Street Vendor.

» This limitation of liability applies to any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorized access to, alteration of, or use of record, whether for breach of contract, tortuous behavior, negligence, or under any other cause of action. User specifically acknowledges that PickupBasket is not liable for defamatory, offensive or illegal conduct of other users or third-parties and that the risk of injury from the foregoing rests entirely with user.

» We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer.

» If we are found liable for any loss or damage to you, such liability is limited to the compensation amount of Rs. 1000 (Rupees One Thousand) only. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising.

» We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

» If we have contracted to provide identical or similar order or goods to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we’ll fulfill orders on a priority basis.

» The products delivered by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services delivered by us.

» We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

» Any item that is listed in our Prohibited Items list & Restricted Items list will be exempt from our liability cover for any type of claim or refund. Please check our Prohibited Items list & Restricted Items list prior to booking to ensure the item being sent is not listed. By accepting these terms and sending the item you are agreeing that if the item is listed then no claim or refund can be raised and any additional transit cover purchased will be void and non-refundable.

» The person placing the order is responsible for the information entered. pickupbasket.com will deal with the person who placed the order only. pickupbasket.com will not be held responsible for wrong information that is entered during the order process and no refunds will be given in this instance.

» Liability is limited to the negligence of the company carrying the goods. This is then limited to the customer who placed the order with pickupbasket.com.

» Liability is limited to the original value of the item shown up on the Invoice up to the maximum amount of compensation cover i.e. Rs. 1000 (Rupees One Thousand).

» If the shopkeeper, combines packages (assuming they are under service restrictions) without putting them in an outer box, and the parcels come apart in transit then no claim or refund can be accepted and the customer accepts that additional surcharges may be applied to the order.

No Guarantee of Availability or Continued Use:

PickupBasket reserves the right to modify, update, supplement and discontinue the Application and Services without any notice to Customer.

Certain features of the Application may be modified or discontinued as a result of an update or upgrade, or may not be available if Customer has not downloaded all updates and upgrades made available by PickupBasket.

Application or Service software downloads may occur automatically without the need for any action on Customer’s part, or Customer may be required to manually download an update, upgrade or supplemental module from within the Application itself or through the same source from which the Application was originally downloaded.

15. PROHIBITED &RESTRICTED ITEMS

Certain items are banned or restricted for carriage on our services because of the restrictions imposed by Regulatory Requirements of the State. Listed below are the various categories of Banned and Restricted Commodities.

  1. Alcoholic Products
  2. Tobacco Products
  3. Cash/Currency
  4. Live Animals
  5. Semi-precious or Precious Items such as Gold or Jewellery
  6. Firearms/Ammunition
  7. Pornographic Material
  8. Drugs & Narcotics (Illegal)
  9. Human Parts/Organs
  10. Radioactive material
  11. Hazardous/Dangerous goods which may cause harm to humans
  12. Commodities banned by law at any given time and without prior notice.

So please check if we are able to carry your contents before placing your order. Both Prohibited and Restricted items could be subject to non collection, delay, return or confiscation by Customs. No refund of postage will be made and compensation claims will be void. Also, you may be liable for a surcharge.

16. RIGHT OF INSPECTION AND CUSTOMER GOODS

Customer agrees that PickupBasket or any governmental authority including customs and security may open and inspect parcel or goods at any time to ensure safe transportation. Customer acknowledges and agrees PickupBasket shall bear no liability or responsibility for physical damage, loss or loss due to delay for items of freight or customer goods. PickupBasket shall use reasonable care in its selection of third parties, or in selecting the means, route and procedure to be followed in the handling, transportation, clearance and delivery of the parcel, but PickupBasket makes no guarantee, warranty or representation as to the means, route, procedure, handling, transportation, clearance and delivery of parcel.

17. TERMINATION AND SUSPENSION OF THE ACCOUNT

Either PickupBasket or user may terminate this Agreement at any time. Without limiting the foregoing, the Company reserves the right to modify, suspend or terminate a Customer's access to the Application and the Services with or without notice and to exercise any other remedy available under law, in the following cases:

> Customer breaches any terms and conditions of this Agreement;
> A third party reports violation of any of its right as a result of the Customer's use of the Services;
> Customer provides fraudulent, inaccurate, or incomplete information to the Application or in relation to the use of the Services;
> the Company is unable to verify or authenticate any information provide to the Company by a Customer;
> the Company has reasonable grounds for suspecting any illegal, fraudulent or abusive activity on part of such Customer
> the Company believes in its sole discretion that Customer's actions may cause legal liability for the Customer, other Customers or for the Company or are contrary to the interests of the Application.
> if there is a regulatory or statutory change limiting our ability to provide access to the Site;
> if there is any event beyond our reasonable control preventing us from providing access to the Site (for example, and without limitation, technical difficulties, capacity problems and communications failures);

Furthermore, you may also terminate Your Account by submitting a request to us at info@pickupbasket.com.In such as case, you will remain responsible for all activities that occurred prior to termination of Your Account.

18. DAMAGED/LOST PACKAGE CLAIM PROCEDURE

If Customer wishes to make a claim for a lost or damaged parcel, Customer must comply with any applicable convention and with the following procedure and PickupBasket reserves the right to reject Customer’s claim in its sole discretion:

» Customer must notify PickupBasket about the loss or damage within 24 hours (i) after delivery of the Customer Goods, (ii) from the date the parcel should have been delivered or (iii) from the date Customer reasonably should have become aware of the loss or damage in the event the claim relates to other services.

» Customer must document his/her claim by sending us all relevant information about the Customer Goods and/or the loss or damage suffered within 24 hours of notifying PickupBasket of Customer’s claim. However, PickupBasket is not obliged to act on any claim.

» Any claim (damage, loss, Part Loss, ETC) must be brought to our attention via PickupBasket website, Apps, calling us on 8447048532 or sending an email at info@pickupbasket.com within 24 hours of the scheduled delivery. Claims received by any other method may be rejected.

» PickupBasket may take up to 24 hours to review all details of the claim after receiving your claim notification. If there is no response from PickupBasket within 24 hours, then it is the customer responsibility to check with pickupbasket.com that the claim and all necessary documents have been received by the company. pickupbasket.com accepts no liability for claims not received due to returned e-mails, delayed e-mails, or sent to an incorrect e-mail address.

» In an unfortunate case of any loss in transit, mis-delivery, damage or any consequential losses, we are liable up to Rs. 1000 (Rupees One Thousand) per order only. In such a case, the invoice of the product will be required to prove the true value/cost of the product. Keep in mind, website screen prints or similar item price receipts will not be accepted as a proof of value and if such submitted the claim will be rejected.

» PickupBasket will assume the parcel was delivered in good condition unless the Customer has noted any damage on our delivery record when Customer or Customer’s designated representative accepted the parcel. In order for PickupBasket to consider a claim for loss or damage, the Customer Goods and the original packaging must be made available to our delivery boy for inspection;

» In the case of acceptance by us of part or Customer’s entire claim, you warrant to PickupBasket that Customer’s insurers or any other third party having an interest in the Customer Goods shall have waived any rights, remedies or relief to which they might become entitled by subrogation or otherwise.

» The customer remains responsible for ensuring packaging is adequate for transportation. All items should be packed in a cardboard box which is securely fastened with further padding surrounding the item making the item unable to touch the sides of the box or move whilst in transit. In addition the sender will be liable for any damages caused in transit to other shipments or property resulting from sending a parcel that is inadequately packaged.

» Items not boxed or sufficiently packed are excluded from our services and could be subject to delay/return/held for collection by the customer. Such goods could also be discarded if:

>they are damaged to such an extent such as smashed glass, or cause a concern in regards to health and safety regulations.

>Goods have been held for collection by customer and the time limit of 7 working days (including the day they will be discarded) has been exceeded. Please be aware in such a circumstance, the customer will be aware that collection of said goods must be arranged by a certain date or the goods may incur storage charges, and finally discarded at a cost payable/received by the sender.

» If the Customer combines parcels without putting them in an outer box and the parcel comes apart in transit, then no claim can be made against the parcel and the customer will be liable for any surcharges applied to the order.

» No service charge refund or claim can be made for an order that has been requested to be canceled after either the PickupBasket delivery boy reaches the pickup destination or picks up the order. Also, we cannot guarantee to stop any item once in transit, although will try and do so if requested.

» No claim for damage can be made where there is no physical damage to the item externally and the damage is internal. That means the item was sent working and turning on and when it arrived, it would not power up.

» A lost claim can only be processed once the PickupBasket has made extensive searches and deems the goods as lost. This process can take up to 24 hours to be completed since the date you notified PickupBasket of the non-delivery. PickupBasket may, in its sole discretion, may shorten or extend this time period if required.

» The claim/refund process is aimed to be resolved within 24 hours of the notification and all decisions are made at the sole discretion of pickupbasket.com. Any amount will be refunded via the original mode of payment within 7 to 10 working days. pickupbasket.com does not guarantee these timescales and are to be used as an estimate only. » Any requisite documents not submitted, deemed unsatisfactory or submitted outside of the timescale will be rejected. pickupbasket.com reserves the right to reject or refuse any claim if any of the terms above have not been met.

19. REFUNDS

» Full money will be refunded if the order is canceled before either the PickupBasket delivery boy reaches the pickup destination or picks up the order.

» Once the cancellation is done, the amount will be refunded via the original mode of payment within 7 to 10 working days.

» All credit cards refunds are subject to applicable transaction charges.

» For more information, please refer to our Refund Policy.

20. DELAYS IN SERVICE

The user acknowledges that there may be a delay in reaching the destination, depending upon the traffic situation and owing to certain unavoidable circumstances. Delays in service may be experienced under the following conditions:

  • Acts of God (including, but not limited to, adverse weather conditions that may cause immediate and future delays on all services)
  • War, invasion, act of foreign enemy, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection or military or usurped power, or loot, sack, or pillage in connection therewith, and/or
  • Ionizing radiations or contamination by radioactivity from any nuclear fuel on from any nuclear waste from the combustion of nuclear fuel, and/or
  • Radioactive, toxic, explosive or other hazardous properties of any explosive nuclear assembly or nuclear component thereof, and/or
  • The shipment is to be sent to any remote areas in Noida.

We try our best to ensure our delivery boys reach our customers always on time. Your order will be delivered either 30 minutes before or 30 minutes after your selected time. Since 30 minutes is the buffer time, it will not be counted as Early or Late. In case the delivery time exceeds ‘your selected time plus the buffer time’, we will be liable to refund the full service charge similar to what you paid while placing the order.

However, in the case of an accident, tyre puncture, heavy traffic jam or occurrence of any of the above mentioned conditions, our delivery boy will inform you about the late delivery over a call and in that case, no refund shall be entertained for a delayed service - even if the delivery time exceeds your selected time plus the buffer time i.e. 30 minutes.

21. LIMITATION OF INDEMNITY

» Customer agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from any and all third party claims, losses, liability, damages, injuries and/or costs (including reasonable attorney fees and costs) arising from the Customer's access to or use of Services, violation of this Agreement by the Customer, or infringement of any intellectual property or other right of any person or entity by the Customer.

» The Company will notify the Customer promptly of any such claim, loss, liability, or demand. In addition to the User's aforementioned obligations, the User agrees to provide the Company with reasonable assistance in defending any such claim, loss, liability, damage, injury or cost at the User's expense. This indemnity shall be applicable without regard to the negligence of any party, including any indemnified person; and/or (f) any other activities in connection with the Services.

22. MISCELANEOUS

SEVERABILITY:

If any part of these T&Cs is determined to be invalid or unenforceable pursuant to the Applicable Laws then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these T&Cs will continue in effect.

TAXES:

Notwithstanding anything to the contrary herein, the Merchant is, and will be, responsible for all taxes, payments, fees, and any other liabilities associated with the computation, payment, and collection of taxes in connection with customer Orders. The Merchant shall be solely responsible for verifying amounts collected, filing the appropriate tax returns, and remitting the proper amount to the appropriate taxing authorities. Taxes shall include tax due in relation to the sale of Goods, including pick-up and delivery services (if applicable), by the Merchant.

PickupBasket will not be liable for payment of any taxes that the Merchant is under the applicable law and this Agreement liable to pay in connection with the Goods and Services which shall be provided by the Merchant to Customer in accordance with the terms of this Agreement and that the Merchant hereby undertakes to indemnify, defend and hold harmless, PickupBasket and each of its affiliates and (as applicable) all of their directors, officers employees, representatives and advisors against any tax liability that may arise against PickupBasket on account of the non-payment of Taxes by the Merchant under this Agreement.

WAIVER:

No provision of this Agreement shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by the Company. Any consent by the Company to, or a waiver by the Company of any breach by you, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

No third party rights: No term of this Agreement shall be enforceable by a third party.

Claims of Copyright Infringement:

Claims of copyright infringement should be sent to PickupBasket’s official email i.e. info@pickupbasket.com.

Complaints:

We aim to provide outstanding customer service. If you have any complaint about the service you have received from us, feel free to give us a call on 8447048532 or drop us an email at info@pickupbasket.com and we'll try our best to resolve all your service-related issues.

23. ENTIRE AGREEMENT

This Agreement, together with the Privacy Policy, Refund Policy, and all other related pages and policies, which are expressly incorporated by reference herein, are the entire and exclusive understanding and agreement between you and PickupBasket regarding its Services, and supersedes all previous communications, representations, understandings and agreements, either oral or written, between you and PickupBasket with respect to your use of its Services. You acknowledge that no statements, representations, warranties, or covenants have been made to you or upon which you have relied that are not set forth in this Agreement or Privacy Policy.

24. EMAIL ADDRESS FOR T&C QUESTIONS

If a Customer has any questions concerning the Company, the Application, this Agreement, the Services, or anything related to any of the foregoing, the Company customer support can be reached at the following email address info@pickupbasket.com.

25. GOVERNING LAW AND JURISDICTION:

» You agree that this Agreement and any contractual obligation between the Company and Customer will be governed by the laws of India.

» Any dispute, claim or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, or your use of the Application or the Services or information to which it gives access, shall be determined by arbitration in India, before a sole arbitrator appointed by the Company.

» Arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996. The seat of such arbitration shall be Noida. All proceedings of such arbitration, including, without limitation, any awards, shall be in the English language. The award shall be final and binding on the parties to the dispute.

» Subject to the above Paragraph, the courts at Noida shall have exclusive jurisdiction over any disputes arising out of or in relation to this Agreement, your use of the Application or the Services or the information to which it gives access.

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