Please read the following terms and conditions (“T&Cs”) carefully
before registering for, accessing or using the Dstar Wallet (as defined
below), located at www.doonkart.com or the doonkart mobile application
or any similar platform (hereinafter referred to as doonkart Platform)on
any device and/or before availing any e-wallet services that may be
offered by DRIPL (as defined below) on the doonkart Platform
(hereinafter, individually Dstar Wallet Service and collectively, the
Dstar Wallet Services). The Dstar Wallet is issued by and the Dstar
Wallet Services are provided by Doonkart Retail India Private Limited, a
private limited company registered under the Companies Act, 1956. The
customers using the Dstar Wallet may load amounts in the wallet through
their credit or debit cards, and the amounts in the Dstar Wallet may be
used for making payments towards transactions done by customers on the
Dstar Platform. Customers shall not be permitted to make any cash
withdrawals from the Dstar Wallet. By registering for or using Dstar
Wallet, you represent and warrant that you have the right, authority and
capacity to enter into these T&Cs and to abide by all the T&Cs.
Eligibility
The Dstar Wallet Services are not available to
persons under the age of 18 or to anyone previously suspended or removed
by DRIPL from availing the Dstar Wallet Services or accessing the
doonkart Platform. By accepting the T&Cs or by otherwise using the
Dstar Wallet Services on the doonkart Platform, you represent that you
are at least 18 years of age and have not been previously suspended or
removed by DRIPL , or disqualified for any other reason, from availing
the Dstar Wallet Services or using the doonkart Platform. In addition,
you represent and warrant that you have the right, authority and
capacity to enter into these T&Cs and to abide by all the T&Cs.
Finally, you shall not impersonate any person or entity, or falsely
state or otherwise misrepresent your identity, age or affiliation with
any person or entity. Finally, in the event of any violation of the
T&Cs, DRIPL reserves the right to suspend or permanently prevent
you from availing Dstar Wallet Services or using the doonkart Platform.
1. Definitions
“Customer” or “you” means a person who has
registered with doonkart Platform and avails the Dstar Wallet, and who
has accepted the T&Cs, and a person who owns, operates, or has
access to an internet compatible device that supports the Dstar Wallet
and the doonkart Platform.
“Dstar Wallet” means the closed system pre-paid payment instrument issued by DRIPL .
“Dstar Wallet Account” means the Customer Dstar
Wallet account classified as closed system payment instruments issued by
accepting minimum customer details being Customer name, e-mail address,
mobile number, which permit payment for purchase of eligible goods from
doonkart Platform.
“Enrolment Form” means the Dstar Wallet enrolment
form, as is required by DRIPL from the Customer at the time of
registration for availing and/or continuation of the Dstar Wallet.
“KYC” stands for know your customer and refers to
the personal identification and other information required by DRIPL from
you before any Dstar Wallet Services can be delivered. KYC documents/
information may be required by DRIPL from the Customer at the time of
registration and/or on a later date, for availing and/or continuation of
the Dstar Wallet.
“Password” means the secret password used to secure
Dstar Wallet applications, without knowledge of which your Dstar Wallet
will not be operable.
“Transaction” means purchase of eligible products on the doonkart Platform.
2. Documentation
The collection, verification, audit and maintenance
of correct and updated Customer information is a continuous process and
DRIPL reserves the right, at any time, to take steps necessary to ensure
compliance with all relevant and applicable KYC requirements. DRIPL
reserves the right to discontinue services or reject applications for
Dstar Wallet at any time if there are discrepancies in information
and/or documentation by you.
You may be required to complete a verification
process by furnishing your details (such as your name and date of birth)
to comply with the KYC requirement under applicable laws.
Any information provided to DRIPL with the intention
of securing Dstar Wallet services shall vest with DRIPL , and may be
used by DRIPL , for any purpose that is not inconsistent with any
applicable law or regulations, at its discretion.
3. General Conditions for Dstar Wallet
You will be issued a Dstar Wallet Account immediately after successful registration.
You may add money to or recharge your Dstar Wallet
through online payment methods such as domestic credit/debit card and
net banking. However, you will not be able to use prepaid/virtual bank
cards, cards issued outside India or a combination of cards to add money
to or recharge your Dstar Wallet. Except as provided hereunder, amounts
in your Dstar Wallet will not be refunded to you under any
circumstances.
You may note that withdrawing money from Dstar
Wallet is not allowed. Any outstanding credit in the Dstar Wallet must
be utilized only to make payments for bona fide Transactions.
Dstar Wallets are available only to resident Indians
who have attained the age of 18 years and are competent to contract.
Dstar Wallets are not transferable.
You may add money into your Dstar Wallet upto a
maximum of INR 10,000 (Rupees ten thousand) per month. This limit will
be inclusive of any credits made by you and any refunds received by you
for any Transactions in your Dstar Wallet. Additionally, the balance in
your Dstar Wallet shall not exceed INR 10,000 (Rupees ten thousand) at
any relevant time of determination. These limits may be reviewed and
modified at the discretion of DRIPL without prior intimation to the
Customer.
DRIPL reserves the right to suspend/discontinue
Dstar Wallet services to you at any time, for any cause, including, but
not limited, to the following-
For any suspected violation of the T&Cs;
For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by you;
To combat potential fraud, sabotage, willful
destruction, threat to national security or for any other force majeure
event;
If the same is due to technical failure,
modification, up gradation, variation, relocation, repair, and/or
maintenance due to any emergency or for any technical reasons;
If the same is due to any transmission deficiencies
caused by topographical and geographical constraints/limitations;
If the mobile connection with which your Dstar
Wallet is related ceases to be operational or in your possession or
control;
If DRIPL believes, in its reasonable opinion, that
cessation/suspension is necessary for any other legitimate purpose.
The value stored on your Dstar Wallet shall NOT be
refunded under ANY circumstances and may only utilized to make payments
for bona fide Transactions. No interest will be payable by DRIPL on the
available balance reflected on the Dstar Wallet.
You are permitted to maintain and operate only one
Dstar Wallet. Any suspected non-conformity with this requirement shall
constitute grounds for the suspension/discontinuation by DRIPL of any
of all Dstar Wallets associated with you on the doonkart Platform. Any
operation of or continued availability of any facility respect to the
Dstar Wallets from time to time shall be subject to any requirements
under applicable laws, and any new regulations or directions from any
regulatory authorities in India.
4. Dstar Wallet Validity
Any value in your Dstar Wallet that is utilized
towards making payments for any Transaction shall be automatically
debited from your Dstar Wallet. DRIPL does not endorse, promote or
warrant any goods and/or services that might be bought/availed or
proposed to be bought/availed using Dstar Wallet.
Dstar Wallet Expiry and Balance Forfeiture.
Your Dstar Wallet account stays active & there is no expiry date for your wallet balance.
5. Customer Obligations
Any value in your Dstar Wallet that is utilized
towards making payments for any Transaction shall be automatically
debited from your Dstar Wallet. DRIPL does not endorse, promote or
warrant any goods and/or services that might be bought/availed or
proposed to be bought/availed using Dstar Wallet.
Dstar Wallet availability is subject to the
maintenance of an active mobile phone or internet connection with an
associated telecom provider. Dstar Wallet availability is subject to the
maintenance of a mobile phone handset and other application on which
doonkart Platform can run and the Customer is solely responsible for all
liability arising from unavailability of the doonkart Platform due to a
deficient mobile handset or the internet service provider not being
able to support any Dstar Wallet channel or application.
You must ensure the availability of sufficient funds
in your Dstar Wallet before executing any Transaction from your Dstar
Wallet.
You shall be solely responsible for the
confidentiality, safety and security of the Password. You shall be the
sole owner of the Password and shall be responsible for the consequences
arising out of disclosure of the Password and/or the unauthorized use
of Dstar Wallet. In case the Password is lost or misplaced, you shall
promptly inform DRIPL by calling on the customer care numbers where
after the existing Password will be barred and a new Password will be
issued to you after necessary validation. In case the mobile phone/SIM
card/mobile number associated with your Dstar Wallet is
lost/stolen/misplaced/no longer in your control, you shall promptly
inform DRIPL . DRIPL will, upon receipt of such information, block the
relevant account.
You acknowledge and understand that Dstar Wallet is
linked to your mobile phone number and you shall be solely responsible
for any liability arising out of the loss/theft/misuse of the mobile
phone number or deactivation of mobile connection by the concerned
telecom service provider.
Information submitted by you for availing Dstar
Wallet and/or information submitted while using Dstar Wallet may be
shared by DRIPL with any affiliate of DRIPL or any third party, inter
alia, to facilitate the provision of Dstar Wallet or for the purposes
specified in the T&Cs.
6. Indemnification.
You agree to indemnify, save, and hold DRIPL , its
affiliates, contractors, employees, officers, directors, agents and its
third party suppliers, licensors, and partners harmless from any and all
claims, losses, damages, and liabilities, costs and expenses, including
without limitation legal fees and expenses, arising out of or related
to : (i) your use or misuse of the Dstar Wallet; (ii) any violation by
you of the T&Cs, including the Dstar Wallet Terms; or (iii) any
breach of the representations, warranties, and covenants made by you
herein. DRIPL reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required
to indemnify DRIPL , including rights to settle, and you agree to
cooperate with DRIPL ’s defense and settlement of these claims. DRIPL
will use reasonable efforts to notify you of any claim, action, or
proceeding brought by a third party that is subject to the foregoing
indemnification upon becoming aware of it. This paragraph shall survive
termination of these T&Cs, including the Dstar Wallet Terms.
7. Additional T&C.
Any amount transferred erroneously by the Customer,
while adding money to or recharging the Dstar Wallet or while executing
Transaction on doonkart Platform, shall not be refunded to the Customer
by DRIPL in any circumstances.
Any web-link on the doonkart Platform to a
third-party site is not an endorsement of that web-link. By using or
browsing any such other web-link, you shall be subject to the terms and
conditions in relation to that web-link.
In the event of any Dispute (defined below), DRIPL
records shall be binding as the conclusive evidence of the Transactions
carried out through the use of Dstar Wallet.
DRIPL shall send all customer communications by SMS
and/or e-mail and such SMS shall be deemed to have been received by you
after they have been submitted for delivery to the mobile phone
operator.
You agree to receive all commercial messages including transactional messages from DRIPL .
The parties are independent contractors and nothing
in these Dstar Wallet Terms shall be deemed to create an agency or
employment relationship, a franchisor-franchisee relationship, joint
venture or partnership.
8. Amendment of Terms, doonkart Platform
DRIPL may modify, terminate and/or suspend Dstar
Wallet to the Customer anytime with or without prior notice, due to any
changes in internal policies, rules, regulations and laws set by
relevant authorities/regulators. DRIPL reserves the right to change,
modify, add, or remove portions of these T&Cs (each, a change and
collectively, changes) at any time by posting notification on the
doonkart Platform or otherwise communicating the notification to you.
The changes will become effective, and shall be deemed accepted by you,
12 hours after the initial posting and shall apply immediately on a
going-forward basis with respect to your use of the doonkart Platform,
availing the Dstar Wallet service, or for payment transactions initiated
after the posting date. If you do not agree with any such change, your
sole and exclusive remedy is to terminate your use of the doonkart
Platform/Dstar Wallet. For certain changes, DRIPL may be required under
applicable law to give you advance notice, and DRIPL will comply with
such requirements. Your continued use of the doonkart Platform and the
Dstar Wallet following the posting of changes will mean that you accept
and agree to the changes.
9. Confidentiality
You specifically agree that in order to facilitate
the provision of Dstar Wallet, DRIPL may be required to disclose any
information or particulars pertaining to you to any authority, statutory
or otherwise or any third party.
10. Assignment; Restrictions on Information Sharing; Privacy
These T&Cs, and any rights granted hereunder,
may not be transferred or assigned by you without DRIPL ’s prior written
consent which may be withheld in DRIPL ’s sole discretion, but these
T&Cs, and any rights granted hereunder, may be assigned by DRIPL
freely (including to its affiliates) and without any restriction. Any
assignment attempted to be made by you in violation of this provision
shall be void and of no effect.
By accepting the Dstar Wallet Terms here and the
T&Cs in general, you agree to be customers of DRIPL . In addition,
by accepting the Dstar Wallet Terms here and the T&Cs in general,
you expressly and impliedly provide your free and unconditional consent
for the following: (a) for transferring DRIPL ’s rights and obligations
under the Dstar Wallet Terms in favour of any affiliate of DRIPL or any
third party; (b) for using the doonkart Platform and availing the Dstar
Wallet Services by you subject to any specific terms and conditions
imposed by any affiliate of DRIPL ; (c) for receiving communications,
notices and information from DRIPL or any affiliate of DRIPL ; (d) for
sharing of business information (including any information relating to
you or the services being availed by you) in relation to the Dstar
Wallet service (including data analytics) between DRIPL and any
affiliate, insofar as such sharing of business information is necessary
or required for the following limited purposes: (i) provision of better
services to DRIPL ’s customers (including you); (ii) provision of better
services by DRIPL ’s vendors and Merchant Establishments; (iii) to
prevent any breach of a binding agreement between DRIPL and any
affiliate, or to give effect to any such agreement; (iv) for ensuring
compliance with the applicable law or legally compelled disclosures by
DRIPL or any affiliate of DRIPL ; or (v) for preventing fraud and money
laundering and for enhancement of risk mitigation systems and processes
in relation to the activities of DRIPL or of any affiliate of DRIPL ;
or (vi) DRIPL retaining any and all information relating to you till
such time as may be required under applicable laws or internal policies.
At times DRIPL or its affiliates may make certain personal information
available to affiliates, and, strategic partners that work with DRIPL
to provide products and services, or that help DRIPL market to
customers. Personal information will only be shared by DRIPL to provide
or improve DRIPL ’s products, services and advertising, and will always
be shared in compliance with applicable laws.
DRIPL , amongst others, shares information with
companies (including with its affiliates) who provide services such as
information processing, extending credit, fulfilling customer orders,
delivering products to you, managing and enhancing customer data,
providing customer service, assessing your interest in DRIPL ’s products
and services offering any products or services from any doonkart
Platform, and conducting customer research or satisfaction surveys. Any
such sharing will be in compliance with applicable laws and these
companies are obligated to protect your personal information under
applicable law.
It may be necessary - by law, legal process,
litigation, and/or requests from public and governmental authorities -
for DRIPL to disclose your personal information. DRIPL may also
disclose information about you if DRIPL determines that for purposes of
national security, law enforcement, or other issues of public
importance, disclosure is necessary or appropriate
DRIPL may also disclose information about you if
DRIPL determines that disclosure is reasonably necessary to enforce the
Dstar Wallet Terms here or the T&Cs in general or protect DRIPL ’s
operations or users. Additionally, in the event of a reorganization,
transfer, merger, or sale of all or any portion of DRIPL ’s business or
products or services offered through any doonkart Platform to any
persons (including any affiliates), DRIPL may transfer any and all
personal information that DRIPL collects to the relevant transferee or
enter into contractual agreements to share such information with such
transferees, and transfer any contractual rights or benefits to such
transferees., DRIPL may transfer any and all personal information that
DRIPL collects to the relevant transferee or enter into contractual
agreements to share such information with such third party transferee.
DRIPL ’s privacy policy applies to use of the
doonkart Platform, and its terms are made a part of these T&Cs by
this reference. Additionally, by using the doonkart Platform, you
acknowledge and agree that internet transmissions are never completely
private or secure. You understand that any message or information you
send to the doonkart Platform may be read or intercepted by others, even
if there is a special notice that a particular transmission (for
example, credit card information) is encrypted.
11. Intellectual Property Rights
DRIPL , or its licensors, own all right, title and
interest, including, but not limited to all copyright, trademark,
patent, trade secret or other proprietary rights (hereinafter IP
Rights), in and to the doonkart Platform, Dstar Wallet Services, Dstar
Wallet or usage data. You shall not reproduce, distribute, transmit,
modify, create derivative works, display, perform or otherwise use the
doonkart Platform, Dstar Wallet Services or Dstar Wallet or any of the
IP Rights, or attempt to reverse engineer, decompile, disassemble, or
derive the source code for the doonkart Platform or Dstar Wallet or use
the doonkart Platform or Dstar Wallet to create a competing product. The
“doonkart” brand is owned by Doonkart Retial India Pvt. Ltd which has
been licensed to DRIPL, Unauthorized use of “doonkart” as a word,
trademark, symbol, device mark or word mark, is strictly prohibited. All
rights are expressly reserved by DRIPL and SGS to use the brand of
“doonkart” in all its forms and variations.
12. Disclaimer; No Warranties
DRIPL gives no warranty, express or implied, with
respect to the DSTAR Platform and Dstar Wallet. To the fullest extent
permissible, pursuant to applicable law, DRIPL and its third-party
partners, licensors and suppliers disclaim all warranties or guarantees -
whether statutory, express or implied - including, but not limited to,
implied warranties of merchantability, fitness for a particular purpose,
and non-infringement of proprietary rights. DRIPL provides the
doonkart Platform and the Dstar Wallet and any other technology and
services on the doonkart Platform are on an “as is”, “where is”, “with
all faults” basis.
No advice or information, whether oral or written,
obtained by you from DRIPL or through the Dstar Wallet or the doonkart
Platform will create any warranty or guarantee other than those
expressly stated herein. For the purposes of this Disclaimer, you
expressly acknowledge that as used in this section, the term “DRIPL ”
includes DRIPL ’s officers, directors, employees, shareholders, agents,
licensors, subcontractors and affiliates. You expressly agree that use
of the Dstar Wallet on the doonkart Platform is at your sole risk. It is
your responsibility to evaluate the accuracy, completeness and
usefulness of all opinions, advice, services, merchandise and other
information provided through the doonkart Platform or on the Internet
generally.
The Dstar Wallet and the doonkart Platform and any
data, information, third party software, reference sites, services, or
software made available in conjunction with or through the services and
the site are provided on an “as is” and “as available,” “with all
faults” basis and without warranties or representations of any kind
either express or implied. DRIPL , and its third-party suppliers,
licensors, and partners do not warrant that the data, DRIPL software,
functions, or any other information offered on or through the Dstar
Wallet Services/doonkart Platform or any reference
sites/platforms/apps/services will be uninterrupted, or free of errors,
viruses or other harmful components and do not warrant that any of the
foregoing will be corrected.
DRIPL and its third-party suppliers, licensors, and
partners do not warrant or make any representations regarding the use
or the results of the use of the Dstar Wallet Services/doonkart Platform
or any reference sites/platforms/apps/services in terms of correctness,
accuracy, reliability, or otherwise. You understand and agree that you
use, access, download, or otherwise obtain information, materials, or
data through the Dstar Wallet Services/doonkart Platform or any
reference sites/platforms/apps/services at your own discretion and risk
and that you will be solely responsible for any damage to your property
(including your computer system and mobile device or any other
equipment) or loss of data that results from the download or use of such
material or data. We do not authorize anyone to make any warranty on
our behalf and you should not rely on any such statement.
This section shall survive termination of the
T&Cs. In no event will DRIPL be liable for any incidental,
consequential, or indirect damages (including, but not limited to,
damages for loss of profits, business interruption, loss of programs or
information, and the like) arising out of the use of or inability to use
the doonkart Platform.
13. Waiver and Release
The failure of DRIPL to exercise or enforce any
right or provision of the T&Cs will not constitute a waiver of such
right or provision. Any waiver of any provision of the T&Cs will be
effective only if in writing and signed by DRIPL . To the maximum extent
permitted by law, you waive, release, discharge and hold harmless DRIPL
, its affiliates, and each of their directors, officers, employees, and
agents, from any and all claims, losses, damages, liabilities, expenses
and causes of action arising out of your use of the doonkart Platform
or Dstar Wallet.
14. Consent to Electronic Communications and Transactions
By registering to use the Dstar Wallet, you consent
to conduct Transactions and receive communications, notices and
information from us electronically, whether sent by e-mail or other
electronic means. Electronic communications shall be deemed to have been
received by you when DRIPL sends an electronic communication to your
e-mail address/mobile number as per our records, or when DRIPL posts an
electronic communication on the doonkart Platform. The pre-requisites
for effective electronic Transactions and communications are as follows:
(a) you must have access to the Internet through a broadband connection
or mobile data or through any other applications; and (b) you must have
a valid e-mail address and mobile number. You can withdraw your consent
for electronic communication at any time by contacting DRIPL , but
DRIPL reserves the right to terminate your Dstar Wallet Account, as the
case may be, upon such withdrawal. Withdrawal of your consent for
electronic communication will not affect the legal validity and
enforceability of any notice, statement or disclosure previously
received electronically. You agree to notify DRIPL promptly if your
email address, mobile number or other contact information changes by
updating your account information or contacting DRIPL
15. Limitation of Liability
In no event, DRIPL or its contractors, agents,
licensors, partners or suppliers will be liable to you for any special,
indirect, incidental, consequential, punitive, reliance, or exemplary
damages (including without limitation lost business opportunities, lost
revenues, or loss of anticipated profits or any other pecuniary or
non-pecuniary loss or damage of any nature whatsoever) arising out of or
relating to: (i) these T&Cs; (ii) the Dstar Wallet, the doonkart
Platform or any reference site/app/platform/service; or (iii) your use
or inability to use the Dstar Wallet, the doonkart Platform (including
any and all materials) or any reference sites/app/platform/service or
(iv) any other interactions with DRIPL , however caused and whether
arising in contract, tort including negligence, warranty or otherwise,
even if DRIPL or a DRIPL authorized representative has been advised of
the possibility of such damages. You acknowledge and agree that DRIPL
has offered its products and services, set its prices, and entered into
these T&Cs in reliance upon the warranty disclaimers and the
limitations of liability set forth herein, that the warranty disclaimers
and the limitations of liability set forth herein reflect a reasonable
and fair allocation of risk between you and DRIPL , and that the
warranty disclaimers and the limitations of liability set forth herein
form an essential basis of the bargain between you and DRIPL . DRIPL
would not be able to provide the services to you on an economically
reasonable basis without these limitations. Applicable law may not
completely allow the limitation or exclusion of liability or incidental
or consequential damages, so the above limitations or exclusions will
apply to you subject to applicable law. In such cases, DRIPL ’s
liability will be limited to the fullest extent permitted by applicable
law. This section of the Dstar Wallet Terms shall survive the
termination of these T&Cs.
16. Dispute Resolution
If any dispute, controversy or claim arises under
these T&Cs or in relation to a Dstar Wallet or the doonkart
Platform, including any question regarding the existence, validity or
termination of the Dstar Wallet Terms or the T&Cs in general or
these T&Cs (hereinafter Dispute), the parties shall use all
reasonable endeavours to resolve such Dispute amicably. If the parties
are unable to resolve the Dispute amicably within 30 days of the notice
of such Dispute, DRIPL may elect to resolve any Dispute by a binding
arbitration in accordance with the provisions of the Indian Arbitration
& Conciliation Act, 1996 (hereinafter Act). Such Dispute shall be
arbitrated on an individual basis and shall not be consolidated in any
arbitration with any claim or controversy of any other party. The
Dispute shall be resolved by a sole arbitrator, appointed in accordance
with the Act. The seat of the arbitration shall be Dehradun and the
language of this arbitration shall be English. Either you or DRIPL may
seek any interim or preliminary relief from a court of competent
jurisdiction in Dehradun necessary to protect the rights or the property
belonging to you or DRIPL (or any of our agents, suppliers, and
subcontractors), pending the completion of arbitration. Any arbitration
shall be confidential, and neither you nor DRIPL may disclose the
existence, content or results of any arbitration, except as may be
required by law or for purposes of enforcing the arbitration award. All
administrative fees and expenses of arbitration will be divided equally
between you and DRIPL . In all arbitrations, each party will bear the
expense of its own lawyers and preparation. This paragraph shall survive
termination of these T&Cs.
17. Governing Law
