TERMS OF SERVICE

This document is an electronic record in terms of Information Technology Act, 2000 (as amended from time to time) and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and user agreement for access or usage of the website. THESE TERMS OF SERVICES DOES NOT REQUIRE ANY PHYSICAL, ELECTRONIC OR DIGITAL SIGNATURE.

If you are accessing Dodo mobile application, website terms of services shall apply and there may be additional terms by mobile application store Apple’s store, Android play store, Microsoft’s store from time to time which will govern the use of mobile application.

By using Dodo mobile application and Services, you signify your acceptance of Terms of Services. If you do not agree or are not comfortable with the terms described herein, your only remedy is to discontinue use of Dodo mobile apps. We reserve the right to modify the Terms of Services at any time.

These Terms of services are located at mobile application/website under the Trade mark name “Dodo” is in between Jungleworks Software Private Limited (hereinafter “Dodo” or “We” or “Us” or “Our”) a company incorporated under laws of India having it’s registered office at Plot no-10, It Park,Chandigarh-160002, India and the users (hereinafter “you” or “Your” or “Yourself” or “Merchant” ).

SERVICES

Dodo operates delivery services for products.

1. DEFINITIONS

“Calendar Month” means a month as named in the English calendar.
“Customer” means users who make orders to Merchant.
“Electronic Payment Mechanism” means the online and Mobile based payment mechanisms including the third-party payment gateways, credit card/debit card/net banking transfer and/or e-wallets that are available for the purposes of facilitating the payment.
“Goods” means the food and Beverages and other items which are sold by the User.
“Order” means the Customer’s request placed with the Merchant for the purchase of Goods.
“Order Payment Amount” means the amount payable by the Customer for the fulfillment/delivery of an Order.
“Services” means the following services offered by us to the User , which facilitate in delivering Goods to the Customer through delivery party enrolled with Dodo.

2. MERCHANT’S OBLIGATIONS:

1. User and Merchant undertakes to fulfill the following obligations:

To ensure that the Information provided to Dodo is correct and accurate.
To ensure that the Goods provided to Customers are:
1. High merchantable and acceptable quality and fit for human consumption and free of defects and harmful or illegal substances.
2. To comply with all applicable laws and/or the rules, standards and guidelines issued thereunder, including but not limited to preparation, packaging, and labeling requirements.
User and delivering party shall be responsible for the fulfillment and delivery of Orders to Customers. Dodo shall do its best endeavors to facilitate successful delivery of products. In addition, Dodo shall provide relevant data for tracking and fulfillment of delivery status.
The Merchant shall use its best endeavors to redress the Customer’s complaints referred by Dodo to the User or made by the Customer directly, in respect of the (i) quality, quantity and/or taste of the Goods; (ii) delivery of the Orders. Dodo will not be required to resolve any Customer Complaints.
Merchant acknowledges and agrees that Dodo will have exclusive responsibility for delivering the Goods to the Customers (in the manner prescribed under this Agreement and/or the Order receipt).

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

3. The Merchant acknowledges and agrees that while Dodo will use its best endeavours to deliver the product, it is the ultimate responsibility of the Merchant to determine whether an Order is erroneous or not. In the event of an erroneous Order, the Merchant undertakes to report such an erroneous Order to Dodo for Dodo’s action and investigation.

3. DODO’s RIGHTS AND OBLIGATIONS:

Dodo undertakes to fulfill the following obligations:

transmit the Orders placed by the Customer through drivers enrolled on instructions of merchant.
Dodo will comply with all byelaws and regulations of local and statutory authorities having jurisdiction over it to the extent applicable.

4. Eligibility:

Dodo Services are available only to and may only be used by individuals who can form legally binding contract. You represent that you are of legal age to form a binding contract and is not barred from using Services under the applicable laws of India. You represent and warrant that You have the right, authority and capacity to enter into this agreement and to abide by the terms and conditions of this Agreement. You are solely authorized user of Your account. You are responsible for maintaining the confidentiality of any password provided by You or Dodo for accessing the Services. You are solely and fully responsible for all activities that occur under your password or account. Dodo has no control over the use of any User's account and expressly disclaims any liability derived therefrom. Should You suspect that any unauthorized party may be using your password or account, or you suspect any other breach of security, you will contact us immediately.

5. Payments Mechanism

- The products shall be delivered and commission to Dodo applicable shall be applicable as per below table:

- The User acknowledges and will provide the following payment mechanisms to the Customers for the payment of the Order Payment Amount:
  - Cash on delivery.
  - Electronic Payment Mechanism (credit card/debit card/net banking transfer and/or e-wallets); and

- The Parties acknowledge and agree that all amounts that are payable under be exclusive of the applicable Taxes including Service Tax and that all applicable Taxes will be charged separately and payable by the User in addition to the Service Fee.

6. Obligations in Case of Online Payment Orders:

If the User has not complied with the terms of Services or has supplied bad quality Goods to the Customer (“Problem Order”), the User acknowledges and agrees that the Dodo will be paid for such Problem Order and if the Merchant has already received the Order Payment Amount or delivery by us initiated.

7. 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. Dodo may charge and collect applicable taxes from customers on behalf of the merchant in accordance with instructions provided by the merchant or applicable law and, in which case dodo will collect such tax solely on behalf of the User and shall pay such amount collected to the merchant. 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. Dodo 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 the Customers in accordance with the terms of this Agreement and that the Merchant hereby undertakes to indemnify, defend and hold harmless, Dodo 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 Dodo on account of the non-payment of Taxes by the User.

8. Indemnity:

You agree to indemnify, keep indemnified and hold harmless Dodo and its officers, directors, employees, representatives and agents against any claims, costs, charges, damages, losses, liabilities and legal charges, of any nature whatsoever, in connection with (a) your use of Services; (b) Your breach of ToS and (c) Your violation of any third-party rights.

9. Limitation of Liability

DODO WILL REASONABLY KEEP MOBILE APPLICATION AND ITS CONTENTS CORRECT AND UP TO DATE BUT DOES NOT GUARANTEE THAT (THE CONTENTS OF) MOBILE APPLICATION SHALL BE FREE OF ERRORS, DEFECTS, UNINTERRUPTED, TIMELY. DODO SHALL NOT BE LIABLE FOR DAMAGES RESULTING FROM THE USE OF (OR THE INABILITY TO USE) ELECTRONIC MEANS OF COMMUNICATION WITH MOBILE APPLICATION, INCLUDING – BUT NOT LIMITED TO – DAMAGES RESULTING FROM FAILURE OR DELAY IN DELIVERY OF ELECTRONIC COMMUNICATIONS, INTERCEPTION OR MANIPULATION OF ELECTRONIC COMMUNICATIONS BY THIRD PARTIES OR BY COMPUTER PROGRAMS USED FOR ELECTRONIC COMMUNICATIONS AND TRANSMISSION OF VIRUSES. WITHOUT PREJUDICE TO THE FOREGOING, AND INSOFAR AS ALLOWED UNDER MANDATORY APPLICABLE LAW, THE DODO, s AGGREGATE LIABILITY SHALL IN NO EVENT EXCEED AN AMOUNT OF INR 1000/-. YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW DODO WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE MOBILE APPLICATION, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

10. Governing Laws:

Terms of Services shall be exclusively governed by and construed in accordance with the laws of India, excluding its rules on conflicts of laws. The courts at Chandigarh shall have exclusive jurisdiction in case of any dispute between the parties.

11. Dispute Resolution:

In the event of any difference or dispute, controversy or claim arising out of or in connection to any matter, including any breach, termination, or invalidity thereof (hereinafter referred to as the “Dispute”), and ToS which cannot be settled amicably between the parties shall use all reasonable endeavors to negotiate with a view to resolving the Dispute amicably. The parties shall settle mutually by means of transparent and open oral discussion, within themselves at good will of business. In the event the parties are unable to resolve the Dispute amicably, in that event, either party may give to the other party a notice that a Dispute has arisen (“hereinafter referred to as the “Dispute Notice”). If the Parties are unable to resolve the Dispute amicably even after the expiry of 30 (thirty) days of negotiations, the service of the Dispute Notice or such longer period as the Parties may mutually agree, the Parties shall be free to opt for arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitral panel shall consist of a sole arbitrator, and the Arbitrator shall be appointed by the Parties mutually in accordance with the provisions of the Arbitration Act. Any arbitral award issued by such sole arbitrator shall be final and binding on the Parties. It is agreed and understood that the venue of the arbitration shall be at Chandigarh and the language of the arbitration shall be English.

12. Grievance Redressal Mechanism:

In compliance with Information Technologies Act, 2000 and rules for any complaints, abuse, grievance, or concerns regarding content and/or comments or breach of these terms shall be brought to the notice of the Grievance Officer via email at alka.singh@mail.jugnoo.in or write at the following address:

Legal Department

Jungleworks Software Private Limited, Plot no-10, IT Park, Chandigarh - 160002