ELFREDS

TERMS OF SERVICE

ELFREDS COMMERCE LLP (“we”, “us”, “our”, “Company”, and “ECL”) is the owner of the brand and services provided under “Elfreds’ Daak”. Use of and access to the services via various means is offered to you (“user(s)”, “vendor”, “customer”, “merchant”, “you”) upon the condition of acceptance of all the terms, conditions and notices contained in this Terms of Service, along with any amendments made by ECL at its sole discretion and posted on its website(https://elfreds.com/daak/terms) from time to time.

ELIGIBILITY

Services would be available to select geographies in India only and are subject to restrictions.

Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Services.

If you are a minor i.e. under the age of 18 years but at least 13 years of age, you may use the Services only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Your parents or legal guardians can transact on behalf of you. You are prohibited from purchasing any material that is for adult consumption and the sale of which to minors is prohibited.

Services

ECL provides you with the following Services under “Elfreds’ Daak”: i. It allows you to purchase Item(s) from the Tied Up Merchants and allows you to get the Items delivered to You through Delivery Partners (“Purchase Services”); ii. It allows you to purchase Items from Non-Tied Up Merchants and get the same delivered to you by the Delivery Partners (“Delivery Services”); iii. It allows you to pick up and drop off packages from one location to the other through the Delivery Partner (“Pick Up and Drop Off Services”);

ECL may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw or alienate any of the Services listed above from time to time. ECL does not provide any guarantee to you that the Services will be made available to You at all times.

You hereby agree and acknowledge that ECL is only a facilitator between you, the merchants and any other third party (as the case maybe). You hereby agree and acknowledge that ECL will not be a party to any of the transactions that are initiated by you using our Services and ECL shall not be liable in any manner or incur any liability with respect to the services performed by the Merchants or the Delivery Partners, as the case may be. Further, You hereby agree and acknowledge that ECL shall not be liable for the conduct, acts and omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their services to You, or for any loss or damage to the Item or otherwise caused to You as a consequence of or in relation to the services being provided to You by the Merchants or the Delivery Partner, as the case may be.

You shall be eligible to avail the ECL Services as per applicable laws. If you are purchasing any medicinal product, using our Services, for which you are required to have a valid prescription from a medical practitioner, you shall, ensure that physician, as far as possible, prescribe drugs with generic names and he / she shall ensure that there is a clear prescription and will share the same, while initiating a transaction with respect to the same. Failure to do the same, shall result in cancellation of the transaction. Only upon verification of the medical prescription, will you be able to avail the ECL Services for purchasing the required medicines.

Further, You hereby agree and acknowledge that for certain Items (Items that are perishable in nature or Item whose price varies periodically), it may not be possible for the Merchants to list out the exact price or prices of such Items. The above shall also be applicable to the provision of Purchase Services. In such cases, the Delivery Partner upon reaching the Merchant outlet shall intimate You about the Item price and You shall be required to confirm the purchase of the Item and you shall make the payment for the same to complete the transaction directly to the Merchant, however if you do not confirm the purchase of the Item and do not make payment for the Item, You shall pay such fees as may be communicated to youfor the efforts of the Delivery Partner.

You shall not initiate any transaction for any Item which is illegal, immoral, unethical, unlawful, unsafe, contains harmful substance and is in violation of this Terms of Service and applicable laws. You specifically agree that you shall not initiate any transaction using ECL Services for the purchase or delivery of any alcoholic beverages, narcotic drug or psychotropic substance, etc. Further, You hereby acknowledge and agree that ECL shall not be liable for any indirect, direct damage or loss, cost, expense incurred by you in relation to the transactions initiated by you on the Platform.

ECL does not check or verify the packages that are being picked up and dropped off on behalf of you or the Items that are being delivered to you by the Delivery Partner, and therefore ECL shall have no liability with respect to the same. However, if it comes to the knowledge of ECL that you have packaged any illegal or dangerous substance or availed the Pick- up and Drop Off Services to deliver any illegal or dangerous substance, ECL shall have the right to report You to the government authorities and take other appropriate legal actions against you.

You hereby acknowledge that ECL shall not be liable for any damages of any kind arising from your use of the ECL Services, including, but not limited to direct, indirect, incidental, punitive, and consequential damages.

ECL shall be entitled at any time without giving any reason terminate your request for any ECL Service.

You hereby agree that ECL shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, You agree that ECL has no control over the Items provided to you by the Merchants and therefore, ECL shall not incur any liability with respect to such Items. However, keeping in mind the interests of the Users, We have informed our Merchants to ensure that Items are packaged properly to avoid any form of spillage or damage to the Item or any issues related to packaging

You hereby agree that scheduling and rescheduling a transaction depends upon the availability of Delivery Partners and routing at the time of such scheduling and re-scheduling a transaction. Should You choose to reschedule a transaction at a later point of time, You shall cancel the current transaction (if initiated) and initiate a new transaction on the Platform, as per Your convenient time.

If a transaction initiated by you cannot be completed, ECL shall notify you using available means.

You agree to provide as much information as possible with respect to the Items/services you wish to purchase/avail, using ECL Services.

We can’t fulfil any tasks which are immoral or unlawful in nature. ECL reserves the right to refuse to perform any tasks on the grounds of such tasks being immoral/unethical/unlawful/banned either by ECL’s internal policies or as per the independent discretion of ECL. ECL may also refuse to perform any task on the grounds that such task is prohibited under any contract to which we are party.

ECL is not responsible for the quality, merchantability or fitness of such Items as availed using our Services. Accordingly, in the event of any grievances arising from the transaction initiated by you pertaining to purchase or sale of any product from any Merchant, You may contact ECL support for routing your grievances to the Merchant.

You hereby acknowledge that if You have any complaint with respect to the ECL Services, You will first inform ECL in writing within 24 (twenty four) hours of using such ECL Services.

User Information

You are solely responsible for and in control of the information you provide to us. Compilation of User Accounts and User Account bearing contact number and e-mail addresses are owned by ECL.

Payment Terms

Purchase Services: While initiating a request for a Purchase Service, You shall pay for the price of the Items you require the Delivery Partners to deliver to You from the Tied Up Merchant. The transaction for the Purchase Service will be initiated on the Platform once You have completed the payment for the same on the Platform. In certain exceptional circumstances, if the purchase price of the Item is not available, You shall be required to pay the purchase price of the Item as may be communicated to You by the Delivery Partner, prior to the Delivery Partner undertaking Purchase Service.

Delivery Services: While availing Delivery Service, You shall pay the purchase price of the Item, as may be communicated to You by the Delivery Partner on behalf of the Non- Tied up Merchant. Only upon processing such agreed amount, shall the Delivery Partner purchase the Item on Your behalf.

Pick Up and Drop Off Services: While initiating a request for a Pick Up and Drop Off Service, You shall pay the service fees for availing the Pick Up and Drop Off Service, as may be displayed to You. Only upon making such payment will the Delivery Partner initiate the Pick Up and Drop of Service.

Service Fees: With respect to Delivery Services and Purchase Services, You will be charged a separate service fees (“Service Fees”). The Service Fees shall be paid prior to availing any of the ECL Services.

You agree that ECL may use certain third-party vendors and service providers, including payment gateways, to process the payments made by you.

Location

You acknowledge and agree that Your geo-location information (including addresses) is required for you to avail the ECL Services and initiate transactions. You acknowledge and hereby consent to the monitoring and tracking of Your geo-location information. In addition, ECL may share Your geo-location information with Delivery Partners and Merchants (as the case maybe).

Governing Law

This Terms of Service shall be governed by and constructed in accordance with 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, tribunals, fora, applicable authorities at Hisar.

Cancellation and Refund

ECL shall confirm and initiate the execution of the transaction initiated by you upon receiving confirmation from you for the same. If you wish to cancel a transaction, you shall inform ECL using available means. It is to be noted that you may have to pay a cancellation fee for transactions initiated for which work has already been commenced by the Delivery Partner or the Merchant, as the case may be. With respect to work commenced by Merchants the cancellation fee will be charged to you which will be in accordance with the cancellation and refund policies of such Merchants.

ECL may cancel the transaction initiated by You on the Platform, if: i. The designated address to avail the ECL Services provided by You is outside the service zone of ECL. ii. Failure to get your response via phone or any other communication channel at the time of confirmation of the order booking. iii. The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Service. iv. If the transaction involves the purchase of medicines for which a medical prescription prescribed by a medical practitioner is required and for which you have not provided such medical prescription or provided an invalid medical prescription. v. Information, instructions and authorisations provided by you is not complete or sufficient to execute the transaction initiated by you. vi. If the transaction cannot be completed for reasons not in control of ECL.

You shall only be able to claim refunds for transactions initiated by you only if You have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, You shall be eligible to get the refund in the following circumstances: i. Your package has been tampered or damaged at the time of delivery, as determined by ECL basis the parameters established by ECL in its sole discretion. ii. If the wrong Item has been delivered to You, which does not match with the Item for which You had initiated a transaction on the Platform. iii. ECL has cancelled the order because of any reason mentioned under Para above. iv. All decisions with respect to refunds will be at the sole discretion of ECL and in accordance with ECL’s internal refund policy (Refund Metrix) and the same shall be final and binding. All refunds initiated by ECL shall be refunded to the financial source account from which, you have initiated the transaction.

Pick Up and Drop Off Services

As a part of the ECL Services, ECL also gives you an option to avail the Pick Up and Drop Off Services being provided through the Delivery Partners.

You can initiate a transaction by which you may send packages at a particular location. ECL does not assume any responsibility or liability for any form of deficiency of services on part of the Delivery Partner.

While performing the Pick Up and Drop off Services, the Delivery Partner shall act as an agent of You and shall act in accordance with Your instructions. You agree and acknowledge that the pick-up location and the drop off location has been added by You voluntarily and such information will be used for the ECL Services and shall be handled by ECL in accordance with the terms.

You agree that you shall not request for a Pick Up and Drop Off Services for Items which are illegal, hazardous, dangerous, or otherwise restricted or constitute Items that are prohibited by any statute or law or regulation or the provisions of this Terms of Service.

You agree that before requesting a Pick-up and Drop-off Service, You are well aware of the contents of the package sent or requested by You through registered Delivery Partner, and that such contents are legal and within limits of transportation under any applicable laws. Such contents shall not be restricted and/or banned and/or dangerous and/or prohibited for carriage (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 or any intoxicant or narcotics and psychotropic substances or any other prohibited material or material for the transportation of which specific authorisation/license is required under applicable laws).