Terms of Service

Please read the following terms and conditions carefully before registering, accessing, browsing, downloading or using the website (defined below). By accessing or using the website or by using the Service (defined below), you agree to be bound by these terms and conditions set forth below including any additional guidelines and future modifications. If at any time you do not agree to these terms and conditions or do not wish to be bound by these terms and conditions, you may not access or use the site and immediately terminate your use of the services.

 

Your Agreement to Terms and Conditions for availing MYBUDDY

The Terms and Conditions (as may be amended from time to time, the "Agreement") is a legal contract between you being, an individual customer, user, or beneficiary of this service of at least 18 years of age, and the Company. All services are rendered by the Company through its platform under the brand name 'MYBUDDY'. Hence all the rights, benefits, liabilities & obligations under the following terms & conditions shall accrue to the benefit of the Company (referred to as, "us", "We" or "MYBUDDY"), regarding your use of www.mybuddy.in or Services on MYBUDDY App or via Telephone or WhatsApp or such other services which may be added from time to time (all such services are individually or collectively are referred as Service or Services as they case may be).

Service can be used by you subject to your adherence with the terms and conditions set forth below including relevant policies. MYBUDDY reserves the right, at its sole discretion, to revise, add, or delete portions of these terms and conditions any time without further notice. You shall re-visit the "Terms & Conditions" link from time to time to stay abreast of any changes that the "website" may introduce.

 

ELIGIBILITY

The services are not available to persons under the age of 18 or to anyone previously suspended or removed from the services by MYBUDDY. By accepting these Terms & Conditions or by otherwise using the Services or the website, you represent that you are at least 18 years of age and have not been previously suspended or removed from the Services. You represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. You shall not impersonate any person or entity, or falsely state or otherwise misrepresent identity, age or affiliation with any person or entity.

 

SERVICES

MYBUDDY only provides pick-up and delivery of the product requested by the user through the MYBUDDY website or App. MYBUDDY is only an intermediary to goods or services (if applicable) provided by other merchants, distributors or resellers. MYBUDDY is not a warrantor, insurer, or guarantor of the services to be provided by the service providers. Any disputes about the product being delivered including quality, specifications etc. must be communicated to the merchant directly when the delivery of the product has been accepted by the customer.

 

PRICING INFORMATION

MYBUDDY strives to provide you with the best prices possible on products and services you book or avail through the mobile app. The pricing details for purchase of products and services from the app are detailed under the Price / Cost Information.

You agree to provide correct and accurate credit/ debit card details to the approved payment gateway for availing Services on the Website. You shall not use the credit/ debit card, which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. MYBUDDY expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

MYBUDDY shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any transaction, on account of you/cardholder having exceeded the preset limit mutually agreed to MYBUDDY with our acquiring bank from time to time.

 

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

THIRD PARTY LINKS

Certain content, products and services available via our Service may include materials from third parties.

Third party links on this site may direct you to third party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third party materials or websites, or for any other materials, products, or services of third parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third party websites. Please review carefully the third party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third party products should be directed to the third party.

 

USER OBLIGATIONS

Subject to compliance with the Terms of Use, MYBUDDY grants you a non-exclusive, limited privilege to access and use the services provided therein.

You agree to use the Services, Website and the services provided only for purposes that are permitted by: (a) the Terms of Use; and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.

You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by MYBUDDY. You 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 Website or App (as defined below), or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the service.

You acknowledge and agree that by accessing or using the service, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. MYBUDDY disclaims all liabilities arising in relation to such offensive content on the Website. Further, you may report such offensive content to MYBUDDY for appropriate action.

You hereby undertake to ensure that any material shared by you is not offensive and in accordance with applicable laws. Further, you undertake not to:

  • Place an order on the website or App for the delivery or any contraband goods, i.e., goods of which possession, transfer or sale are prohibited by any law for the time being in force. MYBUDDY may require a written undertaking from the user (in a standard form) at the time of pick-up that the goods are not, and do not contain (in an apparent or concealed manner) any contraband goods. Any legal liability arising out of breach of this obligation shall be solely on the user;
  • Place an order on the website or App providing false personal information (including name, address, or phone number), or place an order without the intent of actually collecting the delivery;
  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others, including the delivery personnel of MYBUDDY;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Engage in any activity that interferes with or disrupts access to the service (or the servers and networks which are connected to the service);
  • Attempt to gain unauthorized access to any portion or feature of the service, any other systems or networks connected to the service, to any MYBUDDY server, by hacking, password mining or any other illegitimate means;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the service, systems resources, accounts, passwords, servers or networks connected to or accessible through the service;
  • Use any device or software to interfere or attempt to interfere with the proper working of the service or any transaction being conducted on MYBUDDY;
  • Use the Website or any material or Content 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 MYBUDDY or other third parties;
  • Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the Terms of Use including but not limited to any applicable Additional Terms of the Website contained herein or elsewhere; and
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from the Service.

You agree that you are solely responsible to MYBUDDY and to any third party for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which MYBUDDY or its affiliates or its vendors may suffer) for any such breach.

You agree and acknowledge that MYBUDDY is not the seller of the products and the services and MYBUDDY shall in no manner be deemed to be the seller of the products or services on this Website or App. MYBUDDY is only facilitating purchase of the products or services by you from the vendor by providing the Services to you.

You agree that MYBUDDY may, at any time, modify or discontinue all or part of the service, charge, modify or waive fees required to use the service, or offer opportunities to some or all Users.

 

USE OF MATERIALS

The rights granted to you to access / use information from the Service are not applicable to the design, layout or look and feel of the service. Such elements of the Website or App are protected by intellectual property rights and may not be copied or imitated in whole or in part.

Any software that is available on the Website is the property of MYBUDDY. You may not use, download or install any software available at the Website, unless otherwise expressly permitted by these Terms of Use or by the express written permission of MYBUDDY.

 

USAGE CONDUCT

You shall solely be responsible for maintaining the necessary computer equipments and Internet connections that may be required to access, use and transact on the service.

You are also under an obligation to use this service for reasonable and lawful purposes only, and shall not indulge in any activity that is not envisaged through the service.

 

INTELLECTUAL PROPERTY RIGHTS

The service and the processes, and their selection and arrangement, including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code (collectively, the "Content") on the Service is owned and controlled by MYBUDDY and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content is protected by copyright, patent and trademark laws, and various other intellectual property rights.

The trademarks, logos and service marks displayed on the Website ("Marks") are the property of MYBUDDY or their vendors or respective third parties. You are not permitted to use the Marks without the prior consent of MYBUDDY, the vendor or the third party that may own the Marks.

Unless otherwise indicated or anything contained to the contrary or any proprietary material owned by a third party and so expressly mentioned, the Company owns all intellectual property rights to and into the trademark "MYBUDDY", and the Website or App, including, without limitation, any and all rights, title and interest in and to copyright, related rights, patents, utility models, designs, know-how, trade secrets and inventions (patent pending), goodwill, source code, meta tags, databases, text, content, graphics, icons, and hyperlinks.

Except as expressly provided herein, you acknowledge and agree that you shall not copy, republish, post, display, translate, transmit, reproduce or distribute any Content through any medium without obtaining the necessary authorization from MYBUDDY or thirty party owner of such Content.

 

INDEMNIFICATION OF LIABILITY

You agree to indemnify, defend and hold harmless MYBUDDY including but not limited to its affiliate vendors, agents and employees 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 MYBUDDY that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use. Further, you agree to hold MYBUDDY harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Service, your violation of the Terms of Use, or your violation of any rights of another, including any intellectual property rights.

Notwithstanding anything to contrary, MYBUDDY's entire liability to you under this Terms of Use or otherwise shall be the refund of the money charged from you for any specific voucher or product or service, under which the unlikely liability arises.

In no event shall MYBUDDY, its officers, directors, employees or partners be liable to you, the vendor or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not MYBUDDY has been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Service.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.


CANCELLATION AND REFUND

Booking can be cancelled via the MYBUDDYApp or on the website or via telephone before the service has been rendered from the pick-up point. A booking cannot be cancelled after the service has been rendered.

It usually takes 7-15 days to process your cancellation request and confirm refund.

What are the modes of refund available after cancellation?

We offer two modes of refund –

Escrow – We can hold your money with us and allow you to use it during your next booking

Refund – The money can be refunded to your wallet.

 

VIOLATION OF TERMS OF USE

You agree that MYBUDDY may, in its sole discretion and without prior notice, terminate your access to the Service and block your future access to the Service if MYBUDDY determines that you have violated these Terms of Use. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to MYBUDDY, for which monetary damages would be inadequate, and you consent to MYBUDDY obtaining any injunctive or equitable relief that MYBUDDY deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies MYBUDDY may have at law or in equity.

You agree that MYBUDDY may, in its sole discretion, and without prior notice, terminate your access to the Service, for cause, which includes (but is not limited to): (1) requests by law enforcement or other government agencies; (2) a request by you (self-initiated account deletions); (3) discontinuance or modification of the Service or any service offered on or through the Service; or (4) unexpected technical issues or problems.

If MYBUDDY does take any legal action against you as a result of your violation of these Terms of Use, MYBUDDY will be entitled to recover from you, and you agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief granted to MYBUDDY.

 

GOVERNING LAW

These Terms of Use and all transactions entered into on or through the Service and the relationship between you and MYBUDDY shall be governed in accordance with the laws of India without reference to conflict of laws principles.

you agree that all claims, differences and disputes arising under or in connection with or in relation hereto the Service, the Terms of Use or any transactions entered into on or through the Service or the relationship between you and MYBUDDY shall be subject to the exclusive jurisdiction of the courts at New Delhi, India and you hereby accede to and accept the jurisdiction of such courts

 

SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.