These terms of use ("Terms of Use") mandate the terms on which users or visitors (the “Users”) accessing the platform www.myldelsys.in and any corresponding websites or mobile applications (the “Platform”), owned and operated by MYL DELIVERY SYSTEMS (“MYL”). The Platform may be used by Users to avail MYL Services (defined below), through either merchants registered with the Platform (“Tied-up Merchants”), or merchants not registered with the Platform (“Non-tied up Merchants”; both Tied-up Merchants and Non-tied up Merchants shall hereinafter collectively be referred to as “Merchants”, wherever the context so requires or permits) and delivery partners (“Delivery Partners”). Users are requested to carefully read the Terms of Use before using the Platform or registering on the Platform or accessing any material or information through the Platform. Through the continued use of the Platform, or accepting these Terms of Use at the time of creating an Account, Users accept these Terms of Use and agree to be legally bound by the same. Notwithstanding the generality of the foregoing, MYL shall intimate the Users regarding any changes to these Terms of Use annually. Use of and access to the Platform is offered to Users upon the condition of acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by MYL at its sole discretion and posted on the Platform from time to time and subject to the above, MYL grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform and the MYL Services. The Platform, and by extension, the MYL Services, are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by MYL from accessing the Platform for any reason whatsoever. Users represent that they are of legal age to form a binding contract and are not a person barred from receiving, using, availing or accessing the Platform, and by extension, the MYL Services under applicable law. MYL reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without any reasons for doing so. Users shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, Users are prohibited from selling, trading, or otherwise transferring their Account to another party or impersonating any other person for the purpose of creating an Account with the Platform. Subject to the acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by MYL at its sole discretion and posted on the Platform from time to time and subject to the Users’ registration on the Platform through the creation of an Account (as defined below), Users are granted a personal, non-exclusive, non-transferrable, and limited right to access the Platform, avail the MYL Services and connect with Merchants and Delivery Partners on the Platform. A User’s ability to continue using the Platform and MYL Services is subject to their continued maintenance of an Account on the Platform. In order to use the Platform and avail the MYL Services, Users will have to register on the Platform and create an account with a unique user identity and password (“Account”). Users will be required to enter their personal information including their name, contact details, email address and valid phone number while registering an Account. As part of the registration, Users may be required to undertake a verification process to verify the information provided. Users agree and accept that the information provided by the User for the creation of their Account is complete, true, accurate and up-to-date. In the event of any change to such information, Users are required to immediately update their Account information. Users acknowledge and accept that MYL has not independently verified the information and MYL shall in no way be responsible or liable for the accuracy or completeness of any information provided by Users. If Users provide any information that is untrue, inaccurate, not current or incomplete, or MYL has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, MYL reserves the right to suspend or terminate the respective User Account and refuse any and all current or future use of the Platform (or any portion thereof) through such User Account, at any time. Users are responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur through their Account. Users agree to immediately notify MYL of any unauthorized use of their Account, related information or any other breach of security, and ensure that they exit from their Account at the end of each session. MYL cannot and will not be liable for any loss or damage arising from User failure to comply with this provision. Users may be held liable for losses incurred by MYL or any other User of or visitor to the Platform due to authorized or unauthorized use of their Account as a result of User failure in keeping their Account information secure and confidential. Use of another User’s Account information is expressly prohibited. MYL shall use User location-based information that is captured by MYL through the global positioning system when they use their mobile device or computer to request a MYL Service on the Platform. Such location based information shall be used by MYL only to facilitate and improve the MYL Services being offered to Users. In the case where the Platform is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. MYL reserves the full discretion to suspend a User's Account in the above event and does not have the obligation/liability to share any Account information whatsoever. The Platform provides Users with the following services (collectively, the “MYL Services”): It facilitates Users to connect with Merchants and Delivery Partners to view and purchase products listed on the Platform by Tied Up Merchants (the “Items”) and thereafter allows Users to have the purchased Items delivered through Delivery Partners (“Purchase Services”); It facilitates Users to purchase products from Non-tied up Merchants and get the same delivered through the Delivery Partners (“Delivery Services”); It facilitates Users to have packages picked up- and dropped off from 1 (one) location to the other through Delivery Partners (“PND Services”); It facilitates Users to avail the bike taxi service provided by the Delivery Partners (“Bike Taxi Services”); and It facilitates Users to avail the bike pool/share service provided by other Users, registered as ‘Pool Partners’ (“Bike Pool Services”). MYL may,at its absolute sole discretion, add, modify, upgrade, extend or withdraw any of the MYL Services listed above from time to time, and at its sole discretion. MYL does not provide any guarantee that the MYL Services will be made available to Users at all times. Users hereby agree and acknowledge that MYL is only a marketplace, and as such, only acts as a facilitator between Users, Merchants and/or Delivery Partners (as the case maybe) in order to initiate transactions with said merchants and/or Delivery Partners. Users hereby agree and acknowledge that MYL is not a party to any of the transactions that are initiated between Users, Merchants and/or Delivery Partners through the Platform and MYL shall not be liable in any manner or incur any liability with respect to the Items/services/products offered and/or performed by the Merchants or the Delivery Partners, as the case may be. Further, Users hereby agree and acknowledge that MYL shall not be liable for the conduct, acts and/or omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their Items/services/products to Users, or for any loss or damage to Users as a consequence of or in relation to the Items/services/products being provided by the Merchants and/or the Delivery Partners, as the case may be. Users hereby acknowledge that MYL shall not be liable for any damages of any kind arising from their use of the MYL Services, including, but not limited to direct, indirect, incidental, punitive, special, exemplary or consequential damages. When required by MYL or under applicable law, Users agree to provide as much information as possible on the Platform with respect to the Items or MYL Services sought to be purchased or avail on the Platform. MYL shall be entitled at any time without giving any reason, to terminate User requests for any MYL Service, provided however that MYL shall make best efforts where prudent to inform Users regarding such cancellations and the reasons for the same. Users hereby agree that MYL shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, Users agree that MYL has no control over the Items provided by the Merchants and therefore, MYL shall not incur any liability with respect to such Items. The Products/services displayed on the Platform are dependent on the availability of Merchants and Delivery Partners at the time of the transaction. MYL will not perform any MYL Services that may result in any act that is immoral/unethical/unlawful/banned either under applicable law, MYL Policies (defined below) or at the sole discretion of MYL. MYL may also refuse to perform any task on the grounds that such task is prohibited under any contract to which MYL is a party. Users understand and acknowledge that MYL by itself does not sell or provide any Items. MYL is not responsible for the quality, merchantability or fitness of the Items. Accordingly, in the event of any grievances arising from the transaction initiated by Users on the Platform pertaining to purchase or sale of any product from any Merchant, Users may contact MYL support for routing your grievances to the Merchant through the Platform. Users shall intimate any complaints with respect to any MYL Services within 24 (twenty four) hours of using such MYL Services. MYL Services cannot be initiated for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. 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 (except as specifically provided) or any intoxicant or narcotics and psychotropic substances. Users shall pay such amount indicated on the Platform with respect to the MYL Services availed. Users may be charged a separate service fee (“Service Fees”). The Service Fees shall be paid prior to availing any of the respective MYL Services. Users agree that MYL may use certain third-party vendors and service providers, including payment gateways, to process the payments made by Users on the Platform. Where enabled by the respective Merchant, Users may pay for the respective MYL Services through ‘Cash on Delivery’. Users understand and acknowledge that Delivery Partners may not have exact change during the time of payment, and as such, it shall be the Users responsibility to ensure that they provide the exact amount for the MYL Services as indicated on the Platform. Users agree that: after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and/or comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Merchants (with respect to the Items sold/provided by them) (the “User Content”); and the Delivery Partner and the Tied-Up Merchants may also be prompted to rate the User on the Platform. Based upon such Delivery Partner and Merchant ratings, User rating scores on the Platform will be determined and displayed. MYL and its affiliates reserve the right to use, share and display User Content in any manner in connection with the business of MYL and its affiliates, including on the Platform, without attribution to or approval of Users and Users hereby consent to the same. MYL and its affiliates reserve the right to edit or remove User Content in the event that such User Content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or MYL’s Policies or its affiliates’ content policies. MYL shall confirm and initiate the execution of the transaction initiated by Users upon receiving confirmation from Users for the same. If Users wish to cancel a transaction on the Platform, they shall select the cancel option on the Platform. It is to be noted that Users may have to pay a cancellation fee for transactions initiated on the Platform 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 such Users which will be in accordance with the cancellation and refund policies of such Merchants. MYL may cancel transactions initiated by Users on the Platform, on the instructions of the Merchants/Delivery Partners, if : The designated address provided by Users is outside the service zone of the Merchant/Delivery Partner. There is no User response via phone or any other communication channel at the time of confirmation of the order booking. The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use. The User is not physically present or is unreachable once the Delivery Partner reaches the designated delivery location, for a period in excess of fifteen (15) minutes. Information, instructions and authorisations provided by Users are not complete or sufficient to execute the transaction. If any Merchant’s outlet is closed. If a Delivery Partner is not available to perform the services. If any Item or product is not in stock with the Merchant. If the transaction cannot be completed for reasons not in control of MYL. Users shall only be able to claim refunds for transactions initiated if they have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, Users shall be eligible to get the refund in the following circumstances: The package has been tampered or damaged at the time of delivery, as determined by MYL basis the parameters established by MYL in its sole discretion. If the wrong Item has been delivered to Users, which does not match with the Item for which the Users had initiated a transaction on the Platform, provided however, that such change in Item was not previously communicated to the User. All decisions with respect to refunds will be at the sole discretion of MYL and in accordance with MYL’s internal refund policy and the same shall be final and binding. All refunds initiated by MYL shall be refunded to the financial source account from which Users have initiated the transaction on the Platform. Subject to compliance with the Terms of Use, MYL grants Users a non-exclusive, limited privilege to access and use this Platform and the MYL Services. Users agree to use the Platform only: for purposes that are permitted by this Terms of Use; and in accordance with any applicable law, regulation or generally accepted practices or guidelines. Users agree not to engage in activities that may adversely affect the use of the Platform by MYL or Delivery Partner(s) or Merchants or other Users. Users represent and warrant that they have not received any notice from any third party or any governmental authority and no litigation is pending against them in any court of law, which prevents them from accessing the Platform and/or availing the MYL Services. Users represent and warrant that they are legally authorised to view and access the Platform and avail the MYL Services. Users agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by MYL. Users shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any MYL Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform. Users acknowledge and agree that by accessing or using the Platform, they may be exposed to content from others that they may consider offensive, indecent or otherwise objectionable. MYL disclaims all liabilities arising in relation to such offensive content on the Platform. Further, Users undertake not to: defame, abuse, harass, threaten or otherwise violate the legal rights of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information; do any such thing that may harms minors in any way; copy, republish, post, display, translate, transmit, reproduce or distribute any MYL Property through any medium without obtaining the necessary authorization from MYL; conduct or forward surveys, contests, pyramid schemes or chain letters; upload or distribute files that contain software or other material protected by applicable intellectual property laws unless such Users own or control the rights thereto or have received all necessary consents; upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer; engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform); attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any MYL server, or through the Platform, by hacking, password mining or any other illegitimate means; probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. Users may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform; disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites; collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein; use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform; use the Platform or any material or MYL Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; impersonate any other User, Merchant, Delivery Partner or person; violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality; violate the Terms of Use contained herein or elsewhere; threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform. Users agree and acknowledge that the use of the MYL Services offered by MYL is at their sole risk and that MYL disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law. Without prejudice to the above, MYL makes no representation or warranty that the MYL Services will meet the Users requirements. All materials/content on the Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by MYL. Users acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without MYL’s prior express written permission. Users may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, MYL hereby grants Users a non-exclusive, freely revocable (upon notice from MYL), non-transferable access to view the Material on the Platform. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), compilations and databases of Accounts and Account details, except any third party software available on the Platform, is owned by MYL (“MYL Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such MYL Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. Users are not permitted to use MYL Property without the prior written consent of MYL. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of MYL, except any trademark, logos and service marks of third parties available on the Platform. Users are not permitted to use the Marks without the prior consent of MYL or such third party as may be applicable. If any User believes the Platform violates their intellectual property, such User must promptly notify MYL in writing at myldelsys@gmail.com These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by a User may result in the termination of such User’s access to the Platform. Users are required to provide the following details in their notice: the intellectual property that the User believe is being infringed; the item that the User think is infringing and include sufficient information about where the material is located on the Platform; a statement that the User believes in good faith that the item the User has identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform; the User’s contact details, such as the User’s address, telephone number, and/or email; a statement that the information provided in the User’s notice is accurate, and that the User is the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and the User’s physical or electronic signature. Users expressly understand and agree that, to the maximum extent permitted by applicable law: The Platform, and MYL Services are provided by MYL on an "as is" basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, MYL makes no warranty that the Platform, MYL Services will meet User requirements or use of the Platform will be uninterrupted, timely, secure or error-free; the quality of the Platform will meet User expectations; or any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by Users from MYL shall create any warranty not expressly stated in the Terms of Use. MYL will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. MYL also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content. MYL will not be liable for any loss that Users may incur as a consequence of unauthorized use of their Account or Account information in connection with the Platform either with or without their knowledge. MYL shall not be responsible for the delay or inability to use the Platform, MYL Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, MYL shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond MYL's control. Users understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk, and that they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data. Users agree to indemnify, defend and hold harmless MYL and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by Users pursuant to these Terms of Use. Further, Users agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, such Users use of the Platform, MYL Services, any misrepresentation with respect to the data or information provided by Users in relation to their Account, Users violation of the Terms of Use, or Users violation of any rights of another, including any intellectual property rights. In no event shall the Indemnitees be liable to Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with their use of or access to the Platform or MYL Services on the Platform. Users indemnification obligation under the Terms of Use will survive the termination of their Account or use of the Platform or MYL Services. Subject to applicable laws, in no event will MYL or its employees aggregate liability, arising from or related to the MYL Services or the use of the Platform, exceed INR 100 for any and all causes of actions brought by Users or on behalf of Users. The Platform and the MYL Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User accesses or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and MYL shall not be liable for the same, whatsoever. Users agree that any violation by Users of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MYL, as the case may be, for which monetary damages would be inadequate, and Users consent to the MYL obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the MYL may have at law or in equity. If MYL takes any legal action against Users as a result of their violation of these Terms of Use, MYL is entitled to recover from Users , and Users agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted. MYL may also require Users to follow additional rules, guidelines, policies or other conditions in order to participate in certain promotions or activities available through the Platform (the “Policies”). These Policies shall form a part of these Terms of Use, and Users agree to comply with them when they participate in those promotions, or otherwise engage in activities governed by such additional terms. The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). MYL shall not be responsible for examining or evaluating such third party websites, and MYL does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. MYL does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before any Users use/access any such third-party websites, they should review the applicable terms of use and policies for such third party websites. If Users decide to access any such linked third party website, they do so at their own risk. These Terms of Use will continue to apply until terminated by either the User or MYL as set forth below. If the User objects to the Terms of Use or are dissatisfied with the Platform or MYL Services, they can close their Account through the Platform or by writing to info@myldelsys.in; and stop accessing the Platform. MYL may, in its sole discretion, bar any User’s use of the Platform or the MYL Services at any time, for any or no reason. Even after an Account with MYL is disabled, made dormant or inactive, these Users shall remain liable for all their un cleared dues with respect to the Merchant Services. MYL may delist any User or block their future access to the Platform or suspend or terminate their Account if it believes, in its sole and absolute discretion that they have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until MYL chooses to terminate them.Users hereby agree and acknowledge, upon termination, MYL shall have the right to retain all information pertaining to the transactions initiated by Users on the Platform. These Terms of Use 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 Chennai,Tamilnadu. In the event Users come across any abuse or violation of these Terms of Use or if they become aware of any objectionable content on the Platform, they can report the same to the following e-mail id: info@myldelsys.in, In case Users have any queries with respect to these Terms of Use or the MYL Services, please write to info@myldelsys.in. The User hereby expressly agrees to receive communications by way of SMSs and/or e-mails and/or Whatsapp from MYL, or other third parties. The User can unsubscribe/ opt-out from receiving communications through SMS, Whatsapp and email anytime either through the specific channels of communication or by contacting customer support, provided however, that Users may still receive communications with respect to their use of the MYL Service. Amendments: MYL reserves the unconditional right to modify or amend this Terms of Use , Privacy Policy and Policies without any requirement to notify Users of the same. Users can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be the User’s responsibility to check these Terms of Use, Privacy Policy and Policies periodically for changes. The User’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same. Notice: All notices from MYL will be served by email to the User’s registered email address or by general notification on the Platform. Assignment: Users cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. MYL’s rights under the Terms of Use are freely transferable by MYL to any third party without the requirement of informing the User or seeking their consent. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Waiver: Any failure by MYL to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by MYL of that provision or right. Integration: These Terms of Use together with MYL’s Privacy Policy and Policies and any other legal notices, communications published by MYL on its Platform, and any other agreements executed between the User and MYL shall constitute the entire agreement between the User and MYL concerning its Platform, MYL Services and governs the User’s use of the Platform and MYL Service, superseding any prior agreements between the User and MYL with respect to the Platform and MYL Services. Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Purchase Services. In case of Purchase Services, it is the duty of the Tied-up Merchants to share an updated Item list along with its prices on the Platform. MYL shall not be responsible for any inaccurate Item listing on the Platform. Further, Users agree and acknowledge that it may not be possible for the Tied-up Merchants to list out the exact price or prices of certain Items (including those that are perishable in nature) on the Platform. Users purchasing any medicines/pharmaceutical medicinal product, using the Platform, for which a valid prescription from a registered medical practitioner is required will have to upload the corresponding prescription. It is the User’s responsibility to ensure that a clear copy of the valid prescription is uploaded while initiating the transaction, failing which, MYL reserves the right to terminate the Purchase Service, and initiate appropriate action against the User at its sole discretion. In designated States where permitted (the “Designated States”), MYL may facilitate the listing and sales of alcoholic beverages from Tied-up Merchants having obtained the necessary licenses and corresponding delivery by Delivery Partners in compliance with the applicable excise rules/policies (the “Excise Policies”) in such Designated State. Only Users that are over twenty one (21) years of age or such higher age as may be specified in the Excise Policies are permitted to avail the Purchase Services with respect to alcoholic beverages. In this regard, the User agrees to undergo and complete the mandatory age verification process on the Platform, by furnishing the requisite documents, before the purchase. Users undertake to provide valid and legible documents for the purpose of verification, failing which they will not be allowed to access the Platform for the purchase of alcoholic beverages. Users shall be solely liable as to the veracity of the documents provided by them. MYL undertakes no liability in this regard. Users may also be required to provide appropriate proof of age at the time of Item delivery. MYL reserves the right to unilaterally terminate the Purchase Service if appropriate documents have not been provided, and in the event appropriate proof is not provided at the time of delivery, to terminate the transaction with no refunds to the User. Upon placing an order for alcoholic beverages on the Platform, the Users will receive a One Time Password (OTP), which is mandatorily required to be provided to the Delivery Partner at the time of delivery. If the OTP is not provided, or is incorrect at the time of delivery, MYL reserves the right to terminate the transaction with no refunds to the User. Users undertake that they will not share the OTP with any person below the legal drinking age to collect the delivery on their behalf. No refunds shall be provided for any orders placed for alcoholic beverages once accepted by the Tied-Up Merchants. Users understand and confirm that alcoholic beverages procured from Tied-Up Merchants are sold as an as-is basis, and no complaints regarding the temperature, damage to the outer packaging or delayed delivery will be entertained. Users shall ensure that no Purchase Services are initiated: for delivery in or within a specific distance (as prescribed under applicable law) from public locations, such as educational institutions, religious places, places of worship, hospitals, healthcare establishments, etc.; and or quantities in excess of the permissible limit as per the extant Excise Policies, or such other limits as may be intimated by MYL from time to time. If the User is not physically present or is unreachable once the Delivery Partner reaches the designated delivery location, for a period in excess of fifteen (15) minutes, MYL reserves the right to unilaterally terminate the transaction with no refunds to the User. MYL facilitates the listing and sale of tobacco and tobacco products by Tied-up Merchants and the corresponding delivery by Delivery Partners to Users that are over eighteen (18) years of age or such higher age as may be specified under applicable law. In this regard, the User agrees to undergo and complete the mandatory age verification process on the Platform, by furnishing the requisite documents, before the purchase. Users undertake to provide valid and legible documents for the purpose of verification, failing which they will not be allowed to access the Platform for the purchase of tobacco products. Users shall be solely liable as to the veracity of the documents provided by them. MYL undertakes no liability in this regard. Users may also be required to provide appropriate proof of age at the time of delivery. MYL reserves the right to unilaterally terminate the Purchase Service if appropriate documents have not been provided, and in the event appropriate proof is not provided at the time of delivery, to terminate the transaction with no refunds to the User. Users shall ensure that no Purchase Services are initiated for delivery in or within a specific distance (as prescribed under applicable law) from public locations, such as educational institutions, religious places, places of worship, hospitals, healthcare establishments, etc.; and While initiating a request for a Purchase Service, Users shall pay for the price of the Items as indicated on the Platform upfront. The transaction for the Purchase Service will be initiated on the Platform once the payment has been completed. In certain exceptional circumstances, where the purchase price of the Item is not available on the Platform or Items that are perishable in nature or Item whose price varies periodically or where the User is offered an alternate Item when the original Item is not in stock, the Delivery Partner upon reaching the Merchant outlet shall intimate User about the Item price and User shall be required to confirm the purchase of the Item and make the payment for the same to complete the transaction, however if User do not confirm the purchase of the Item and do not make payment for the Item, User shall pay such fees as may be communicated to You on the Platform for the efforts of the Delivery Partner. Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Delivery Services are to be read in consonance with the Terms of Use. The PND Services allow for Users to connect with Delivery Partners and Non-tied up Merchants, to fulfil tasks raised by such Users, including, tasks to purchase, pick up and drop items (the “User Items”) from Non-tied up Merchant locations (“Pick-Up Location”) and to drop to another location (“Drop Location”), each a “Delivery Task”. It is expressly clarified that MYL merely acts as a technology platform to facilitate Delivery Tasks initiated on the Platform and MYL does not assume any responsibility or liability for any form of deficiency of services on part of the Non-tied up Merchants or the Delivery Partner. Upon initiation of a request for a Delivery Task, depending upon the availability and acceptance of the Delivery Partner, a Delivery Partner is assigned to such task. The Delivery Partner shall send photos of the User Items on the Platform (“User Item Picture/(s)”) along with the corresponding value on the Platform for User Confirmation. Users are instructed to cautiously review and confirm the Users Item Pictures prior to initiating payment. User Confirmation of the User Item Pictures shall be relied upon by the MYL in case any dispute is raised between a User and the Delivery Partner. In case, the User Item Picture/(s) is different from the User Item listed on the Platform, Users should immediately reach out to the assigned Delivery Partner and request them to share the correct User Item Picture/(s). User confirmation to a User Item Picture shall be construed as a deemed acceptance for the modified/different User Item. The Delivery Partners’ engagement with MYL is on a principal to principal, non-exclusive and voluntary basis. No control is exercised by MYL on the Delivery Partners and there is no employer-employee relationship between MYL and the Delivery Partners. Acceptance of a Delivery Task by a Delivery Partner shall constitute an independent contractual arrangement for services between Users and the Delivery Partner. MYL is not responsible for any non-performance or breach of any Delivery Task by the Delivery Partners. MYL does not guarantee the performance of any Delivery Task by the Users or the Delivery Partners respectively, of any Delivery Task initiated on the Platform. MYL is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity. MYL operates an online marketplace and does not at any point of time during any transaction hold any right, title or interest over the items being transported pursuant to any Delivery Task. The Pick-Up Location and the Drop Location have been voluntarily added by the User on the Platform, and the User’s location data is collected in accordance with the Terms of Use and Privacy Policy. Users are aware of the items to be transported through a Delivery Task, and that Delivery Tasks cannot be initiated, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. 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. Delivery Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law. Upon becoming aware of the commission any offence or intention to commit any offence during a Delivery Task, Delivery Partners may report such information to the law enforcement authorities. The Delivery Partner shall upon reaching the Non-tied up Merchant outlet shall intimate Users about the User Item price and Users shall be required to confirm the purchase of the User Items. Users shall make the payment for the same to complete the transaction. While availing Delivery Service, Users shall pay the purchase price of the User Items through the Platform, as may be communicated by the Delivery Partner on behalf of the Non- Tied up Merchant. Only upon processing such an agreed amount via Platform, shall the Delivery Partner purchase the User Items and complete the Delivery Service. Delivery Tasks are not entitled to be cancelled once confirmed on the Platform. Cancellation post confirmation shall be subject to a cancellation fee as indicated to you on the Platform.