Embedded Files
This document is an electronic record in compliance with the InformationTechnology Act, 2000 and the Rules and Regulations framed there under, asapplicable and the amended provisions pertaining to electronic records invarious statutes as amended by the Information Technology Act, 2000. Thiselectronic record is generated by a computer system and does not require anyphysical or digital signatures.Please read the following terms and conditions carefully before browsing,downloading, registering, accessing or using the "On The Rocks" / website (asdefined below). By accessing, registering on or using the "On The Rocks"Application or by using the Services provided by Us, as defined below,Consumer agree to be bound by the terms and conditions set forth belowincluding any additional guidelines and future modifications thereto. If, at anypoint of time, Consumer do not agree to these terms and conditions or do notwish to be bound by any of these terms and conditions, Consumer may notaccess or use the "On The Rocks" Application and terminate this Agreement, interms hereof.By accepting the terms and conditions you declare that you are legallypermitted to consume liquor and have the permit. If not it can be obtainedfromMaharashtra Government’s State Excise DepartmentConsumer’s Agreement to these Terms and Conditions for AvailingServiceIn a bid to ensure that no social distancing norms are violated, theMaharashtra government has given a go-ahead to the home delivery of liquoramid curfew. These Terms and Conditions (as may be amended from time totime, the "Agreement" or "Terms") constitute a legal contract betweenConsumer being a User of legal drinking age in Consumer’s state of domicile
(Consumer or User), and "On The Rocks", having its registered office at Thane, Maharashtra, India (""On The Rocks"", "We" or "Us"). Anycapitalized terms used, but not defined herein, shall have the meaningsassigned to them in the terms of use of "On The Rocks" Application/PaymentGateway which is accessible here."On The Rocks" owns and operates mobile applications namely "On the Rocks-The App", and the website – https://www."On The Rocks".in (The mobileapplications and the website will hereby commonly referred by the term "On The Rocks Application"), which provides a platform for liquor/alcoholic beveragemanufacturers and distributors ("Sellers") to showcase liquor and alcoholicbeverages ("Products") on the platform created by "On The Rocks" i.e. the On the RocksTimes Application, and enables Consumer to search and pay for theseProducts through independent, licensed alcohol beverage retailers, and otherlicensees with retail privileges (hereinafter referred to as the "Merchant"). Weact as an intermediary/ service provider, providing Consumer with thisplatform enabling Consumer to purchase the Products from the Merchant andWe provide Consumer with payment solutions, payment support services,technology solutions and other related / ancillary services further. This mayinclude delivery of the product to the selected destination via. our platform asselected by the Consumer (hereinafter referred to as the "Services").(hereinafter referred to as the "Services"). All transactions through the On the Rocks Application are accepted, reviewed, and ultimately fulfilled by theMerchant. We do not warrant or take any responsibility or liability in respect ofthe services provided by the Merchant.1. Eligibility to Use/ConsumeBy accessing the "On The Rocks" Application, Consumer represent thatConsumer are of legal drinking age in Consumer’s state of domicile and havenot been previously suspended or prohibited from accessing the "On The Rocks"
Application or otherwise availing the Services through the "On The Rocks"Application. Consumer represent and warrant that Consumer have the rightlegal and mental capacity to enter into this Agreement and to abide by all ofthe terms and conditions of this Agreement.2. Consumer’s Registration and Account ObligationsConsumer shall be solely responsible for maintaining the confidentiality ofConsumer’s User ID and Pin (""On The Rocks" Account") and shall beresponsible for all activities that occur under Consumer’s User ID. Consumeragree that if Consumer provide any information that is inaccurate, false orincomplete or We have sufficient reasonable evidence or grounds to suspectthat such information is inaccurate, false or incomplete or not in accordancewith this Agreement, We shall have the right to indefinitely suspend orterminate or block access of Consumer’s membership on the "On The Rocks"Application and refuse to provide Consumer with access to the "On The Rocks"Application.Consumer also agree that Consumer’s User Profile is linked to Consumer’smobile number (issued by a valid operator in India) and Consumer’s self-declared email id, both of which clearly identifies Consumer’s "On The Rocks"Account. Consumer agree to provide Consumer’s correct name and otherdetails sought for which will appear on Consumer’s "On The Rocks"Application/Payment Gateway account statement.As part of the "On The Rocks"’s registration process, "On The Rocks" will generate asecure SMS based One Time Pin ("OTP") which will be sent to Consumer’sregistered mobile number to sign in to Consumer’s "On The Rocks" Account.Consumer are responsible for maintaining the integrity of the OTP withConsumer’s "On The Rocks" Account and are fully responsible for all activitiesthat occur under the "On The Rocks" Account.
Consumer are fully responsible for providing the proper email id at the time ofsign-up and Consumer acknowledge to receive emails relating to Consumer’s"On The Rocks" Application/Payment Gateway account and the productcommunications to Consumer’s registered email id.Our official language of Consumer communication is English. By Consumer’sacceptance of the T&C, we note Consumer’s preference to receive allcommunications from "On The Rocks" in the English language.Consumer agree to:a) Immediately notify "On The Rocks" of any unauthorized use of Consumer’smobile number or the "On The Rocks" Account or "On The Rocks"Application/Payment Gateway or any other breach of security, andb) Ensure that Consumer exit from Consumer’s "On The Rocks" Account at theend of each session.c) "On The Rocks" shall not be liable for any loss, damage or other liability arisingfrom Consumer’s failure to comply with this clause or from any unauthorizedaccess to or use of the "On The Rocks" Account. 3. Access to "On The Rocks"’s ServicesOur Services enable Consumer to search and pay for various Products withthe Merchant. All transactions are solely made between Consumer and theMerchant. Consumer acknowledge and agree we do not sell, offer to sell,invite to sell, sell or deliver the Products. In all instances, all sales areadvertised, accepted, made and delivered by the Merchants who receive allorders and offers."On The Rocks" grants Consumer a non-transferable, non-exclusive limitedlicense to access and make personal use of the Services and the "On The Rocks"
Application, which shall be subject to the terms and conditions contained inthis Agreement. The license allows Consumer to use the Services forConsumer’s personal, non-commercial use. The license also allowsConsumer to download, install the "On The Rocks" Applications related to theServices on a mobile device that Consumer own or control for Consumer’spersonal non-commercial use. "On The Rocks" grant of license does not permitConsumer to duplicate, transfer, give access to, copy or distribute any part ofthe Services in any way, or use the Services in any manner not consistentwith the terms of this Agreement. All rights not expressly granted herein arereserved by "On The Rocks".4. Processing and Delivery of ProductsAll Users are required to create a "On The Rocks" Application/Payment Gatewayaccount (as defined hereinafter) and all payments in respect of the Productsare to be made exclusively through the "On The Rocks" Application/PaymentGateway, the monetary value of which will be received by the respectiveMerchants from whom Consumer purchase the Products. At the timeConsumer perform a transaction, Consumer’s "On The Rocks"Application/Payment Gateway will be loaded/reloaded through a third partypayment gateway, which will, subject to the terms and conditions agreed withthe payment gateway, transfer and deliver the funds to the Merchant. The useof the "On The Rocks" Application/Payment Gateway shall be governed bythe ""On The Rocks" Application/Payment Gateway - Terms of Use" which isaccessible here. The sale of the relevant Products shall be deemed to becompleted at the licensed premises as per Applicable Laws. All deliveriesshall be subject to compliance as laid down by the State EmployeesRegulations.If the Consumer fails to accept delivery on due date, Seller will have noobligation for any refund whatsoever against the pre-payment for delivery of
the Goods had been accepted. The Seller may arrange for the storage of theGoods/Products at the risk and cost of the Consumer. If required by theConsumer the Seller shall insure the Goods/Products at the cost of theConsumer.The deadlines and time periods indicated by "On The Rocks" are not binding,unless agreed otherwise in writing. "On The Rocks" is not responsible for delaysof delivery due to Force Majeure, change in Government Policy or due to suchevents which may make the delivery considerably more difficult or impossiblefor "On The Rocks" to abide with, even if binding time periods and deliverydeadlines have been agreed. Those events permit "On The Rocks" to delay thedelivery or service for the duration of the hindrance, or to withdraw from thecontract in full or in part in relation to that part that has not been fulfilled. GoodTimes is permitted to carry out partial services or deliveries within thepermitted statutory delivery timelines.All order acceptances are given exclusively on the basis of these GeneralTerms and Conditions of Sale and Delivery. Supplements, Amendmentsand Verbal Agreements shall require a written confirmation by the Seller to belegally binding. Revocation of an order already sent by the Purchaser andconfirmed by the Seller shall be inadmissible. Changes in the terms of theorder (quantity, reference or technical specifications) shall only be admissiblewithin 24 hours after the order confirmation has been sent by the Seller."On The Rocks" does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of theMerchants. Consumer are advised to independently verify the bona fides ofany particular Merchant that Consumer choose to deal with on the Platformand use Consumer’s best judgment on that behalf. All Merchant offers andthird-party offers are subject to the respective party terms and conditions."On The Rocks" takes no responsibility for such offers.
"On The Rocks" neither makes any representation or warranty as to specifics(such as quality, value, saleability, etc.) of the products proposed to be sold oroffered to be sold or purchased on the Platform nor does implicitly or explicitlysupport or endorse the sale or purchase of any products on the Platform."On The Rocks" accepts no liability for any errors or omissions, whether on behalfof itself or third parties."On The Rocks" is operating as a PPI Payment Gateway authorised by ReserveBank of India and assumes the role of an intermediary and does not at anypoint of time during any transaction between Consumer and Merchant on thePlatform come into or take possession of any of the products offered by theMerchant. At no time shall "On The Rocks" hold any right, title or interest over theproducts nor shall "On The Rocks" have any obligations or liabilities in respect ofsuch contract entered into between Consumer and Merchant.Before handing over of the Products to Consumer, the Merchant may validateConsumer’s identity by requesting a proof of identity. The onus of age-verification lies with the Merchant to request for a proof of identity if therecipient appears to be below the legal drinking age of the state of operation.Neither "On The Rocks", nor any officer, director, employee, shareholder or agentof "On The Rocks" shall be liable to the User or any third party for any claimsrelating to the reservation and/or consumption of the Products or anyconsequences which may result thereof.By completing a transaction on the "On The Rocks" Application, Consumer agreethat Consumer are of the relevant legal age as per Applicable Law in the Statein which Consumer are domiciled, to reserve and thereafter consume suchProducts.In the event that there is no individual who is of the relevant legal age or otherrequirements as per Applicable Laws in the State in which he is domiciled, to
receive and consume such Products or such individual cannot provide valididentification showing the proof of his or her age or other excise prerequisitessuch as "permit", the Merchant may deny service of the Products. Thisreservation includes, but is not limited to the following:i. No Valid Permit for consumption of Liquorii. Person with mental disorderiii. Person/s found to be drunkiv. Person is suspected or understood to be involved or be a part of riot orcreate disturbance to public peace and/or be part of any crimev. Person on duty of Central or State Government and/or in Official uniform,Pilots in uniform and/or on Duty, including Bus and Railway Employees orDrivers on dutyvi. Person below the legal age for Consuming LiquorAt the time of Delivery, if the individual cannot provide valid identificationshowing the proof of his or her age or other excise or Application prerequisitessuch as "permit", "OTP", the Delivery Agent or the Merchant may deny serviceof the Products. The aforementioned other reservations are also applicable.5. Acceptable Use and Restrictions.Consumer agree to protect the Services, and their proprietary content,information and other materials, from any unauthorized access or use, andConsumer agree that Consumer will not use the Services or such proprietarycontent, information or other materials except as expressly permitted herein orexpressly authorized by Us. Consumer agree that:
(i) Consumer will not use the Services if Consumer are not fully able andlegally competent to agree to these Terms(ii) Consumer will not engage in any behaviour which is in violation of any lawin force(iii) Consumer will not impersonate any other person or entity, falsely claim orotherwise misrepresent an affiliation with any person or entity, or access theaccounts of others without permission, forge another persons' digitalsignature, misrepresent the source, identity, or content of informationtransmitted via the Services, perform any other similar fraudulent activity orotherwise purchase recharge with what We reasonably believe to bepotentially fraudulent funds(iv) Consumer will not infringe or try to infringe our or any third party'sintellectual properties including but not limited to patent, trademark, copyrightor other proprietary rights(v) Consumer will not host, display, upload, modify, publish, transmit, updateor share any message / information which is libellous, defamatory or whichdiscloses private or personal matters concerning any person(vi) Consumer will not host, display, upload, modify, publish, transmit, updateor share any message, data, image or program which is grossly harmful,harassing, blasphemous, defamatory, obscene, pornographic, libellous,invasive of another’s privacy, hateful, or racially, ethnically objectionable,paedophilic, disparaging, relating or encouraging money laundering orgambling, or otherwise unlawful in any manner(vii) Consumer will not refuse to cooperate in an investigation or provideconfirmation of Consumer’s identity or any other information Consumer
provide to "On The Rocks", the Merchant, if required by any law enforcement,legal or government agencies or Merchant(viii) Consumer will not make or seek to make payment to the Merchants otherthan through the "On The Rocks" Application/Payment Gateway(ix) Consumer will not remove, circumvent, disable, damage or otherwiseinterfere with security-related features of the Services and the "On The Rocks"Application or features that prohibit access to the "On The Rocks" Application orthe Services in any manner or enforce limitations on the use of the Services(x) Consumer will not reverse engineer, disassemble or otherwise attempt todiscover or discover the source code of the "On The Rocks" Application or anypart thereof, except and only to the extent that such prohibition is expresslyprohibited by applicable law notwithstanding this limitation(xi) Consumer will not attempt to obtain any information or content from theServices using any robot, spider, scraper or other automated means for anypurpose(xii) Consumer will keep secure and confidential Consumer’s details of the"On The Rocks" Account or any identification we provide Consumer which allowsaccess to the Services(xiii) Consumer will only use an access point or data account which Consumerare authorized to use(xiv) If Consumer choose to use the Platform, it shall be Consumer’sresponsibility to treat Consumer’s user identification code, password and anyother piece of information that we may provide, as part of our securityprocedures, as confidential and not disclose the same to any person or entityother than us
(xv) We shall at times and at our sole discretion reserve the right to disableany user identification code or password if Consumer have failed to complywith any of the provisions of these Terms of Use.(xvi) The Products will be deemed to be sold only at places which are licensedpremises as per Applicable Laws.(xvii) Consumer will provide proof of identity and age reasonably requested bythe Delivery Agent, Merchant or its employee(xviii) Consumer will not use the Services in any manner that could damage,disable, overburden, or impair it, including, without limitation, using theServices in an automated manner(xix) Consumer will not breach this Agreement and terms and conditionsthereof or any other rule, regulation or policy, as introduced by us from time totime(xx) Use the Services in a manner that results in or may result in complaints,disputes, reversals, chargebacks, fees, fines, penalties and other liability to"On The Rocks", a third party or Consumer(xxi) Consumer shall not hold "On The Rocks" liable for any Services provided bythe them including but not limited to anything that arises from the use of suchServices or loss of belongings and assets or any security related issues6. Pricing
The prices of the Products published on the "On The Rocks" Application areprices based on pricing information provided to us by the Merchant and maynot always reflect the prevailing pricing. The Merchant reserves the right todetermine final prices of all their Products.
7. Indemnification
Consumer agree to indemnify, save, and hold Us, our promoters, directors,affiliates, contractors, service providers, employees, officers, agents and itsthird party suppliers, licensors, and partners harmless from any and all claims,losses, damages, and liabilities, costs and expenses, including withoutlimitation legal fees and expenses, arising out of or related to Consumer’s useor misuse of the "On The Rocks" Application, violation of the terms and conditionsof this Agreement, or any breach of the representations, warranties, andcovenants made by Consumer herein. We reserve our right, at Consumer’sexpense, to assume the exclusive defence and control of any matter for whichConsumer are required to indemnify us, including rights to settle, andConsumer agree to cooperate with Us to defend and settle the claims. We willmake reasonable efforts to notify Consumer of any claim, action, orproceeding brought by a third party that is subject to the foregoingindemnification upon becoming aware of it. This clause shall survivetermination of this Agreement.
8. Liabilities and Damages
In no event will We or our contractors, directors, officers, agents, licensors,partners be liable to Consumer for any special, indirect, incidental,consequential, punitive, or exemplary damages, including but not limited tolost business opportunities, lost revenues, or loss of anticipated profits or anyother pecuniary or non-pecuniary loss or damage of any nature whatsoever,arising out of or relating to (i) this Agreement, and (ii) the use or inability usethe "On The Rocks" Application.
9. Disclaimer: No Warranties
CONSUMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTESWITH US IS THE CANCELLATION OF CONSUMER’S On the RocksACCOUNT WITH US.
On the Rocks'S APPLICATION, INCLUDING ALL CONTENT, SOFTWARE,FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ONOR ACCESSED THROUGH THE On the Rocks APPLICATION, ISPROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW,On the Rocks AND ITS SUBSIDIARIES AND AFFILIATES MAKE NOREPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVERFOR THE CONTENT/SERVICES ON THE On the Rocks APPLICATION,OR THE MATERIALS, INFORMATION AND FUNCTIONS MADEACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGHPLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXTLINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITYASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATIONTHROUGH PLATFORM OR ANY LINKED SITE. FURTHER On the RocksDISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE. On the Rocks DOES NOTWARRANT THAT THE FUNCTIONS CONTAINED ON On the RocksAPPLICATION, OR ANY MATERIALS OR CONTENT CONTAINEDTHEREIN WILL BE UNINTERRUPTED OR ERROR FREE. On the RocksSHALL NOT BE LIABLE FOR THE USE OF GOOD TIMES APPLICATION,INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORSCONTAINED THEREIN.
IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDSCONSUMER FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENTREGARDLESS OF THE FORM OF ACTION, EXCEED INR 100. 10. Ownership: Proprietary Rights
All rights, including copyright, in the "On The Rocks" Application are owned orcontrolled for these purposes by us. Except where expressly stated otherwise,Consumer are not permitted to do any derivative work, copy, download, store(in any medium), transmit, broadcast, show or display in public, adapt orchange in any way the content on the "On The Rocks" Application for anypurpose whatsoever without Our prior written permission. Violators will beprosecuted to the maximum extent possible under Applicable Laws. Any otherrights, not expressly granted herein, are reserved.
The "On The Rocks" Application includes a combination of content that we create,that our partners or licensors or associates create, and that "On The Rocks"s/Merchants may create. All materials published on the "On The Rocks"Application, including, but not limited to software(s), advertisement(s), writtencontent, views, reviews, photographs, graphics, images, illustrations, marks,logos, sound or video clips, and flash animation, are protected by ourcopyrights or trademarks or those of our partners or licensors or associates.Consumer are not permitted to copy, modify, publish, transmit, reproduce,create derivative works of, distribute, publicly perform or display, or in any wayexploit any of the materials or content on the "On The Rocks" Application or on itswebsites in whole or in part.
If we find any contents or materials published on the "On The Rocks" Applicationor on our sites as obscene, offensive, indecent, racial, hatred to religion or
objectionable or that is inaccurate, Consumer shall refrain from use of suchmaterials or contents and shall bear all risks associated with using thatcontent. Consumer unequivocally agree not to publish or post such material inConsumer’s content. We have the right, but not the obligation, to remove anycontent that may, in our sole discretion, violate these Terms or that isotherwise objectionable.
All names, logos, marks, labels, trademarks, copyrights or intellectual andproprietary rights on the "On The Rocks" Application belonging to any person,entity or third party are recognized as proprietary to the respective owners andany claims, controversy or issues against these names, logos, marks, labels,trademarks, copyrights or intellectual and proprietary rights must be directlyaddressed to the respective parties under notice to us. Consumer irrevocableconfirm and undertake that We shall not be liable for any claims, expensesand liabilities for display or use of the names, logos, marks, labels,trademarks, copyrights or intellectual and proprietary rights on the GoodTimes Application under license or rights or affiliation with the said person,entity or third party.11. Termination of Agreement
Termination by Us: Consumer agree that We, in our sole discretion, for anyor no reason, may suspend or terminate Consumer’s "On The Rocks" Account (orany part thereof) or terminate this Agreement, at any time without assigningany reason. Consumer agree that any termination may be effected withoutprior notice, and Consumer agree that, we will not be liable to Consumer orany third party for any such termination. Any suspected fraudulent, abusive orillegal activity may be referred to appropriate law enforcement authorities.
These remedies are in addition to any other remedies we may have at law orin equity.12. Consequence of Termination
Upon termination of this Agreement for any reason, we will block Consumer’saccess to the Application and delete Consumer’s "On The Rocks" Account. Incase of termination of this Agreement, any amounts standing in Consumer’sname in the "On The Rocks" Application/Payment Gateway, shall be refunded toConsumer, in accordance with the terms governing the "On The Rocks"Application/Payment Gateway and Applicable Laws.
13. Advertisements
We do not in any way warrant or represent the quality or nature of theProducts which may be advertised on the "On The Rocks" Application.Consumer’s correspondence or dealings with, or participation in promotions ofadvertisers displayed on the "On The Rocks" Application, including payment anddelivery of related goods or services, and any other terms, conditions,warranties or representations associated with such dealings, are solelybetween Consumer and such advertiser / third party. We shall not beresponsible or liable for any loss or damage of any sort incurred by Consumeras a result of any such dealings or as the result of the presence of suchadvertisers on the "On The Rocks" Application or "On The Rocks"'s website, and anysuch interaction with a third party advertiser shall be undertaken by Consumerat Consumer’s sole risk and liability.
14. Modification of this Agreement
We reserve the exclusive right to change, modify, add, delete or removeportions of this Agreement at any time by posting a notification on the On the Rocks Application or otherwise communicating the said notification toConsumer. The changes will become effective and shall be deemed acceptedby Consumer, 24 (twenty-four) hours after the initial posting and shall beapplicable immediately on a going-forward basis. If Consumer do not agreewith any such modification, Consumer’s sole and exclusive remedy is toterminate this Agreement in accordance with the clause above. If Consumercontinue to use the Application, it will be deemed as Consumer’s acceptanceto the terms.
15. Waiver
Our failure to exercise or enforce any right or provision of this Agreement willnot constitute a waiver of such right or provision. Any waiver of any provisionof this agreement and other statutes will be effective only if in writing andsigned by our authorized signatory.16. Consumer’s Data
When Consumer use the Services, Consumer understand and agree we maycollect, use and disclose information about Consumer as described in ourPrivacy Policy located here.17. Notice
We may provide Consumer with notices and communications by email,
regular mail or postings on the "On The Rocks" Application or "On The Rocks"'swebsite or by any other reasonable means. Except otherwise communicated,notice to us must be sent by courier or registered mail to: Thane,Maharashtra, India.18. DisputesDisputes are defined as any claim, controversy, or dispute between Consumerand "On The Rocks", including any claims relating in any way to the presentAgreement, any supplemental Terms, or the services, amendments, or anyother aspects of the Agreement.Any dispute arising out between the parties would be resolved by thedistrict/civil courts of the State of Maharashtra.19. Laws and Disputes RedressalSubject to Clause 18, Consumer agree that courts in Mumbai, India, shallhave exclusive jurisdiction in respect of disputes between us. This Agreementshall be governed by the laws of India.20. SeverabilityIf any provision of this Agreement is held to be unlawful, void, invalid orotherwise unenforceable, then that provision will be limited or eliminated fromthis Agreement to the minimum extent required, and the remaining provisionswill remain valid and enforceable.21. AssignmentThis Agreement, and any rights granted hereunder, may not be transferred orassigned by Consumer without our prior written consent which may bewithheld in our sole discretion, but may be assigned by us without restriction.
Any assignment attempted to be made in violation of this provision shall bevoid and of no effect.22. SurvivalUpon termination of this Agreement, any provision which, by its nature orexpress terms should survive, will survive such termination or expiration asapplied to transfers and relationship prior to such termination or expiration.23. Contact InformationConsumer can send in Consumer’s queries, requests or complaints in thefollowing ways:A) Online chat: Open the "On The Rocks" Application ->Go to the PaymentGateway Section->Click on Get Help and post a query, We will respond oncewe review Consumer’s query.B) Email: Write to us at support@"On The Rocks".in and submit Consumer’squeries.Consumer have the right to register a complaint if Consumer are not satisfiedwith any of the following: Services provided by "On The Rocks" Payment system/ prepaid instrument errors Redemption issues Extension of "On The Rocks"-Payment Gateway validity Unhappy with the quality of Consumer service provided Or Any other grievances.24. Service Level Agreement
If Consumer are not satisfied with the resolution provided by our level 1escalation, Consumer can further escalate the concern to a higher level asmentioned in our Consumer Grievance policy here25. Know Consumer’s ConsumerKYC refers to the various norms, rules, laws and statutes issued by variousgovernment authorities including the Reserve Bank of India from time to time.As required by government authorities, including excise authorities, GoodTimes, the Merchant, may be required to procure personal identificationdetails from Consumer before any Services can be delivered and at the timeof registration and/ or on a later date, for availing and / or continuation of the"On The Rocks" Application/Payment Gateway. Consumer agree that:i. "On The Rocks" shall not be responsible for wrong details being entered by theUser.ii. In the event the beneficiary/KYC details provided are found to be incorrect/insufficient, "On The Rocks" retains the right to block Consumer’s "On The Rocks"account. "On The Rocks" retains the right to share the details of the transactionundertaken using the "On The Rocks" Account and the end beneficiary/ KYCdetails with RBI, as per statutory guidelines issued from time to time. If theKYC details provided by Consumer are invalid, Consumer are liable for theconsequences or action taken by the relevant regulatory authorities ofConsumer’s jurisdiction.iii. The collection, verification, audit and maintenance of correct and updatedConsumer information is a continuous process and We reserve the right, atany time, to take steps necessary to ensure compliance with all relevant andapplicable KYC requirements;
iv. We reserve the right to discontinue Services/ reject applications for On the Rocks Application/Payment Gateway upgradation at any time if there arediscrepancies in information and/or documentation provided by Consumer;andv. Any information provided to us with the intention of securing "On The Rocks"Application/Payment Gateway shall vest with Us and may be used for anypurpose consistent with the Applicable Laws, at its discretion.Subject to guidelines/notifications issued by various government authoritiesincluding the Reserve Bank of India from time to time, the KYC norms may bereviewed and modified at the discretion of "On The Rocks" without prior intimationto Consumer.26. CommunicationConsumer agree to receive certain specific emails from us. Consumer herebyconfirm that as on date of this registration, Consumer do not have anyobjection to receiving emails, messages and calls from us and our members.This consent shall supersede any preferences set by Consumer with orregistration done with the Do Not Disturb (DND Register)/ National ConsumerPreference Register. This consent extends to emails, messages or callsrelating to Consumer’s association with the "On The Rocks" Application and/ or"On The Rocks"'s website under these Terms.27. Delivery Booking and Financial TermsIn case of Delivery, there is no warranty that the product delivery or handoverwill depend on the Product’s availability at that particular time at that particularstore/Merchant. It completely depends on the Merchant’s discretion toAccept/Reject any order.
The Merchant shall be solely responsible for any warranty/guarantee of theliquor products Delivered/Handed Over to the Users and in no event shall bethe responsibility of "On The Rocks".The transaction is bilateral between the Merchant and User and therefore,"On The Rocks" is not liable to charge or deposit any taxes applicable on suchtransactions.Consumer acknowledge and agree that we act as the Merchant's paymentagent for the limited purpose of accepting payments from Consumer on behalfof the Merchant. Upon Consumer’s payment of amounts to us, which are dueto the Merchant, Consumer’s payment obligation to the Merchant for suchamounts is completed, and we are responsible for remitting such amounts tothe -Merchant. Consumer shall not, under any circumstances whatsoever,make any payment directly to the Merchant for Order bookings made usingthe Platform.The final tax bill will be issued by the Merchant to the User along with theorder and "On The Rocks" is merely collecting the payment on behalf of suchMerchant. All applicable taxes and levies, the rates thereof and the manner ofapplicability of such taxes on the bill are being charged and determined by theMerchant. "On The Rocks" holds no responsibility for the legal correctness/validityof the levy of such taxes. The sole responsibility for any legal issue arising onthe taxes shall reside with the Merchant.28. Cancellations, Partial Orders and Refundsa) CancellationAs a general rule Consumer shall not be entitled to cancel Consumer’s orderonce Consumer have received confirmation of the same from the Merchant. IfConsumer cancel Consumer’s order after it has been confirmed, "On The Rocks"
shall have a right to charge Consumer a cancellation fee corresponding to theorder value (inclusive of applicable taxes), with a right to either not to refundthe order value or recover from Consumer’s subsequent order, the complete/deficit cancellation fee, as applicable, to compensate our Merchant anddelivery agents. "On The Rocks" shall also have the right to charge Consumercancellation fee for the orders cancelled by "On The Rocks" for the reasonsspecified under Clause 1(iii) of this cancellation and refunds policy.b) Partial OrderHowever, in the unlikely event of an item on Consumer’s order beingunavailable, we will contact Consumer on the phone number provided to us atthe time of placing the order and inform Consumer of such unavailability. Insuch an event Consumer will be entitled to modify or cancel the entire orderand shall be entitled to a refund in accordance with our refund policy.We reserve the sole right to modify/cancel Consumer’s order in the followingcircumstance:i. in the event of Consumer having already opted for partial order acceptanceduring the placement of orderii. in the event of the designated address falls outside the delivery zoneoffered by usiii. failure to contact Consumer by phone or email at the time of confirming theorder bookingiv. failure to deliver Consumer’s order due to lack of information, direction orauthorization fromConsumer at the time of delivery
v. unavailability of all the items ordered by Consumer at the time of bookingthe orderc) RefundsIn certain cases, refunds may apply. This will be determined on a case-by-case basis evaluatingcredibility of relevant circumstances on the full discretion of "On The Rocks".Consumer shall be entitled to a refund only in the event of any of the followingcircumstancesi. Consumer’s Product(s) has been tampered or damaged at the time ofdeliveryii. Us cancelling Consumer’s order due to(a) Consumer’s delivery location following outside our designated deliveryzones;(b) failure to contact Consumer by phone or email at the time of confirming theorder booking; or(c) failure to contact Consumer by phone or email at the time of confirming theorder booking; oriii. Our decision on refunds shall be at our sole discretion and shall be finaland bindingiv. All refund amounts shall be credited to Consumer’s Account/PaymentGateway account within 5-7 business days in accordance with the termsstipulated by the Payment Gateways Terms & Condition, or
v. All refund amounts shall be credited to Consumer’s respective Bankaccount within 5-7 business days in accordance with the terms stipulated byConsumer’s Bank.29. Miscellaneous"On The Rocks" is operating as a COD authorised byReserve Bank of India and assumes the role of an intermediary and does notat any point of time during any transaction between Consumer and Merchanton the Platform come into or take possession of any of the products offered bythe Merchant. At no time shall "On The Rocks" hold any right, title or interest overthe products nor shall "On The Rocks" have any obligations or liabilities in respectof such contract entered into between Consumer and Merchant. (PPI may notbe applicable for us, instead as we are using PayTm gateway for receivingonline payment, have to insert certain clause based on this)Before handing over of the Products to Consumer, the Merchant may validateConsumer’s identity by requesting a proof of identity. The onus of age-verification lies with the Merchant to request for a proof of identity if therecipient appears to be below the legal drinking age of the state of operation.Neither "On The Rocks", nor any officer, director, employee, shareholder or agentof "On The Rocks" shall be liable to the User or any third party for any claimsrelating to the reservation and/or consumption of the Products or anyconsequences which may result thereof.By completing a transaction on the "On The Rocks" Application, Consumer agreethat Consumer are of the relevant legal age as per Applicable Law in the Statein which Consumer are domiciled, to reserve and thereafter consume suchProducts.
In the event that there is no individual who is of the relevant legal age or otherrequirements as per Applicable Laws in the State in which he is domiciled, toreceive and consume such Products or such individual cannot provide valididentification showing the proof of his or her age or other excise prerequisitessuch as "Liquor Permit", the Merchant may deny service of the Products. Thisreservation includes, but is not limited to the following: Person with mental disorder Persons found to be drunk or inebriate state Persons involved in or be a part in creating riot/disturbance in relation todisturbing peace of public and/or be part of any crime Central or State Government Officials on duty and/or in uniform, Airline Pilots,Railway/Bus/Car Drivers on duty or in uniform; Any Persons below the legal age for consumption of Liquor At the time of Delivery, if the person is unable to provide valid proof of his orher age or other documents related to State Excise, Valid ID, Liquor Permit,OTP Generated over Mobile, in such a case the Delivery Agent/Merchant maydeny service of the product to the consumer. The aforementioned otherreservations are also applicable.30. Acceptable Use and Restrictions.Consumer agree to protect the Services, and their proprietary content,information and other materials, from any unauthorized access or use, andConsumer agree that Consumer will not use the Services or such proprietarycontent, information or other materials except as expressly permitted herein orexpressly authorized by Us. Consumer agree that:i. Consumer will not use the Services if Consumer are not fully able andlegally competent to agree to these Terms;ii. Consumer will not engage in any behaviour which is in violation of any lawin force;
iii. Consumer will not impersonate any other person or entity, falsely claim orotherwise misrepresent an affiliation with any person or entity, or access theaccounts of others without permission, forge another persons' digitalsignature, misrepresent the source, identity, or content of informationtransmitted via the Services, perform any other similar fraudulent activity orotherwise purchase recharge with what We reasonably believe to bepotentially fraudulent funds;iv. Consumer will not infringe or try to infringe our or any third party'sintellectual properties including but not limited to patent, trademark, copyrightor other proprietary rights;v. Consumer will not host, display, upload, modify, publish, transmit, update orshare any message / information which is libellous, defamatory or whichdiscloses private or personal matters concerning any person;vi. Consumer will not host, display, upload, modify, publish, transmit, updateor share any message, data, image or program which is grossly harmful,harassing, blasphemous, defamatory, obscene, pornographic, libellous,invasive of another’s privacy, hateful, or racially, ethnically objectionable,paedophilic, disparaging, relating or encouraging money laundering orgambling, or otherwise unlawful in any manner;vii. Consumer will not refuse to cooperate in an investigation or provideconfirmation of Consumer’s identity or any other information Consumerprovide to "On The Rocks", the Merchant, if required by any law enforcement,legal or government agencies or Merchant;viii. Consumer will not make or seek to make payment to the Merchants otherthan through the "On The Rocks" Application/Payment Gateway/Account;
ix. Consumer will not remove, circumvent, disable, damage or otherwiseinterfere with security-related features of the Services and the "On The Rocks"Application or features that prohibit access to the "On The Rocks" Application orthe Services in any manner or enforce limitations on the use of the Servicesx. Consumer will not reverse engineer, disassemble or otherwise attempt todiscover or discover the source code of the "On The Rocks" Application or anypart thereof, except and only to the extent that such prohibition is expresslyprohibited by applicable law notwithstanding this limitation;xi. Consumer will not attempt to obtain any information or content from theServices using any robot, spider, scraper or other automated means for anypurposexii. Consumer will keep secure and confidential Consumer’s details of the"On The Rocks" Account or any identification we provide Consumer which allowsaccess to the Servicesxiii. Consumer will only use an access point or data account which Consumerare authorized to usexiv. If Consumer choose to use the Platform, it shall be Consumer’sresponsibility to treat Consumer’s user identification code, password and anyother piece of information that we may provide, as part of our securityprocedures, as confidential and not disclose the same to any person or entityother than us. We shall at times and at our sole discretion reserve the right todisable any user identification code or password if Consumer have failed tocomply with any of the provisions of these Terms of Usexv. The Products will be deemed to be sold only at places which are licensedpremises as per Applicable Laws
xvi. Consumer will provide proof of identity and age reasonably requested bythe Delivery Agent, Merchant or its employeexvii. Consumer will not use the Services in any manner that could damage,disable, overburden, or impair it, including, without limitation, using theServices in an automated mannerxviii. Consumer will not breach this Agreement and terms and conditionsthereof or any other rule, regulation or policy, as introduced by us from time totimexix. Use the Services in a manner that results in or may result in complaints,disputes, reversals, chargebacks, fees, fines, penalties and other liability to"On The Rocks", a third party or Consumerxx. Consumer shall not hold "On The Rocks" liable for any Services provided bythe them including but not limited to anything that arises from the use of suchServices or loss of belongings and assets or any security related issues31. PricingThe prices of the Products published on the "On The Rocks" Application areprices based on pricing information provided to Us by the Merchant and maynot always reflect the prevailing pricing. The Merchant reserves the right todetermine final prices of all their Products.32. IndemnificationConsumer agree to indemnify, save, and hold Us, our promoters, directors,affiliates, contractors, service providers, employees, officers, agents and itsthird party suppliers, licensors, and partners harmless from any and all claims,losses, damages, and liabilities, costs and expenses, including withoutlimitation legal fees and expenses, arising out of or related to Consumer’s use
or misuse of the "On The Rocks" Application, violation by Consumer of the termsand conditions of this Agreement, or any breach of the representations,warranties, and covenants made by Consumer herein. We reserve our right,at Consumer’s expense, to assume the exclusive defence and control of anymatter for which Consumer are required to indemnify us, including rights tosettle, and Consumer agree to cooperate with Us to defend and settle theclaims. We will make reasonable efforts to notify Consumer of any claim,action, or proceeding brought by a third party that is subject to the foregoingindemnification upon becoming aware of it. This clause shall survivetermination of this Agreement.33. Liabilities and DamagesIn no event will We or our contractors, directors, officers, agents, licensors,partners be liable to Consumer for any special, indirect, incidental,consequential, punitive, or exemplary damages, including but not limited tolost business opportunities, lost revenues, or loss of anticipated profits or anyother pecuniary or non-pecuniary loss or damage of any nature whatsoever,arising out of or relating to –i. this Agreement andii. the use or inability to use the "On The Rocks" Application34. Documentationi. The collection, verification, audit and maintenance of correct and updatedConsumer information is a continuous process and "On The Rocks" reserves theright, at any time, to take steps necessary to ensure compliance with allrelevant and applicable KYC requirements.ii. "On The Rocks" reserves the right to discontinue services/reject applications fora "On The Rocks" Application/Payment Gateway at any time, if there are
discrepancies in the information and/or documentation provided byConsumer/Consumer.iii. Any information provided to "On The Rocks" with the intention of securing a"On The Rocks" Application/Payment Gateway shall vest with "On The Rocks" andmay be used for any purpose consistent with Applicable Law, at its discretion.iv. If the particulars provided by Consumer in the KYC documents do notmatch with the details mentioned in the Enrolment Form, thenConsumer/Consumer will not be eligible for a Prime AccountSubject to the guidelines/notifications issued by RBI from time to time theselimitations may be reviewed and modified at the discretion of "On The Rocks"without prior intimation to the Consumer."On The Rocks" reserves the right to suspend/discontinue the "On The Rocks"Application/Payment Gateway services to Consumer at any time, for anycause, including, but not limited, to the following -i. For any suspected violation of the rules, regulations, orders, directions,notifications issued by RBI from time to time or for any violation of the termsand conditions mentioned under these Termsii. For any suspected discrepancy in the particular(s), documentation orEnrolment Form provided by Consumeriii. To combat potential fraud, sabotage, wilful destruction, threat to nationalsecurity or for any other force majeure reasons, etciv. If the same is due to technical failure, modification, upgradation, variation,relocation, repair, and/or maintenance due to any emergency or for anytechnical reasons
v. If the same is due to any transmission deficiencies caused by topographicaland geographical constraints or limitationsvi. If the mobile connection with which Consumer’s "On The Rocks"Application/Payment Gateway is related, ceases to be operational or be not inConsumer’s possession or controlvii. If "On The Rocks" believes, in its reasonable opinion, that cessation orsuspension is necessaryviii. Consumer are permitted to maintain and operate only one "On The Rocks"Application account from one Mobile number and Nameix. Any suspected non-conformity with this requirement shall be just cause forthe suspension or discontinuation of any/all "On The Rocks" account andPayment Gateways associated with Consumer and number with "On The Rocks"35. Know Consumer’s Consumer ComplianceKYC refers to the various norms, rules, laws and statutes issued by the RBIfrom time to time, including the Master Direction (Know Consumer’sConsumer (KYC)) Direction, 2016, as amended or implemented from time totime. "On The Rocks" is required to procure personal identification details fromConsumer before any services can be delivered and at the time of registrationand/or on a later date, for availing and/or continuation of the "On The Rocks"Application/Payment Gateway, subject to Applicable Law and "On The Rocks"'sPrivacy Policy. Consumer agree that :i. The collection, verification, audit and maintenance of correct and updatedConsumer information is a continuous process and "On The Rocks" reserves theright, at any time, to take steps necessary to ensure compliance with allrelevant and applicable KYC requirements
ii. We reserve the right to discontinue services/ reject applications for the"On The Rocks" Application/Payment Gateway at any time if there arediscrepancies in the information and/or documentation provided by Consumer,andiii. Subject to Applicable Law and "On The Rocks"'s privacy policy, anyinformation provided to "On The Rocks", with the intention of securing GoodTimes Application/Payment Gateway, shall vest with "On The Rocks", and may beused, for any purpose consistent with the Applicable Laws and "On The Rocks"'sprivacy policy, at its discretioniv. Subject to the guidelines/notifications issued by the RBI from time to time,the KYC norms may be reviewed and modified at the discretion of GoodTimes without prior intimation to Consumer36. Reporting of unauthorized Payment Transactions by Consumersi. Consumers should mandatorily register for SMS alerts and whereveravailable also register for e-mail alerts, for electronic payment transactionsii. SMS alerts for any payment transaction shall be sent to the Consumers. E-mail alerts may be sent if the email ID’s are registered. The transaction alertwill have the contact number or email id to which the Consumer can reportunauthorized transactions or notify objectionsiii. Consumers should notify unauthorised transactions at the earliest and shallalso be informed that longer the time taken to notify "On The Rocks", higher willbe the risk of loss to "On The Rocks" and Consumeriv. "On The Rocks" provides Consumers with the contact details to report theunauthorised transaction/ or loss or theft. The contact details are available inthe Consumer grievance policy The loss/fraud reporting system soestablished shall also ensure that immediate response (including auto-
response) is sent to the Consumers acknowledging the compliant along withthe registered compliant number. The communication systems used by PPIissuers to send alerts and receive their responses thereto shall record timeand date of delivery of the message and receipt of Consumers response, ifany. On receipt of the report of the unauthorised payment transactions, GoodTimes shall take immediate action to prevent further unauthorised paymenttransactions through the Prepaid Payment Instrumentv. In cases where the loss is due to negligence by a Consumer, such aswhere he/she has shared the payment credentials, the Consumer will bear theentire loss until he/she reports the unauthorised transaction to the PPI issuer.Any loss occurring after the reporting of the unauthorised transaction shall beborne by "On The Rocks"vi. The number of days mentioned above shall be counted excluding the dateof receiving the communication from "On The Rocks"37. Reporting timeline for zero liability/limited liability of a Consumeri. On being notified by the Consumer, "On The Rocks" shall credit the amountinvolved in the unauthorised electronic payment transaction to the Consumerwithin 10 days from the date of such notification by the Consumer, even ifsuch reversal breaches the maximum permissible limit applicable to GoodTimesii. "On The Rocks" shall ensure the complaint is resolved and liability of theConsumer, if any established within a period not exceeding 90 days from thedate of receipt of the compliant.38. Consumer Obligationsi. "On The Rocks" Application/Payment Gateway availability is subject to themaintenance of an active mobile phone and/or internet connection with an
associated telecom provider. "On The Rocks" Application/Payment Gatewayavailability is subject to the maintenance of a mobile phone handset and othersoftware/hardware applications on which the services run. The Consumer issolely responsible for all liability arising from the unavailability of services dueto a mobile handset or internet service provider not supporting any GoodTimes Application/Payment Gateway channel or applicationii. Consumer must ensure the availability of sufficient funds before executingany Transaction from Consumer’s "On The Rocks" Application/Payment Gatewayiii. Consumer shall be solely responsible for the confidentiality, safety andsecurity of the One Time Pin. Consumer shall be the sole owner of the OneTime Pin and shall be responsible for the consequences arising out ofdisclosure of the One Time Pin and/or the unauthorized use of the GoodTimesiv. In case the mobile phone/SIM card associated with Consumer’s GoodTimes is lost/stolen/misplaced/ no longer in Consumer’s control, Consumershall promptly inform "On The Rocks". "On The Rocks" will, upon receipt of suchinformation, block the relevant accountv. Consumer acknowledge and understand that the "On The Rocks"Application/Payment Gateway is linked to Consumer’s mobile phone numberand Consumer shall be solely responsible for any liability arising out of theloss/theft/misuse of the mobile phone number or deactivation of the mobileconnection by the concerned telecom service provider, in respect of theservicesvi. Information submitted by Consumer for availing facilities with "On The Rocks"and/or information submitted while using the "On The Rocks" may be shared withthird parties by "On The Rocks", inter alia, to facilitate the provision of the GoodTimes, subject to Applicable Law and the term of "On The Rocks"'s Privacy Policy
vii. "On The Rocks"’s Customers who have utilised the "On The Rocks" application forGifting shall provide on demand, the full details of the ultimate beneficiary,while all terms and conditions of "On The Rocks" remains valid and applicable onhim/her, for the purpose of furnishing the same to the RBI or the government,as and when requestedviii. Consumer shall ensure that the services are not used for Transactions inany foreign currency. The "On The Rocks" is issued & shall be valid only with theStates of India and shall be used at Merchant Establishments only in India.ix. Without limiting the foregoing, Consumer agree that Consumer will not usethe "On The Rocks" application/website to undertake any of the following actionsor to display, upload, modify, publish, distribute, disseminate, transmit, updateor share any information that:a. is grossly harmful, harassing, blasphemous, defamatory, obscene,pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, orracially, ethnically objectionable, disparaging, relating or encouraging moneylaundering or gambling, or otherwise unlawful in any manner whateverb. infringes any patent, trademark, copyright or other proprietary rightsc. contains viruses, corrupted files, or any other similar software or programsthat is designed to interrupt, destroy or that may limit the functionality of anycomputer source or that may damage or adversely affect the operation ofanother person’s computer, its websites, any software or hardware, ortelecommunications equipmentd. advertises or offers to sell any goods or services for any commercialpurpose
e. is in the nature of promotional services, products, surveys, contests,pyramid schemes, spam, unsolicited advertising or promotional materials, orchain lettersf. falsify or delete any author attributions, legal or other proper notices orproprietary designations or labels of the origin or the source of software orother materialg. violates any law for the time being in forceh. belongs to another person and which Consumer do not have any right toi. interferes with or disrupts "On The Rocks"s website, servers, or networksj. attempts to impersonate any other personk. harm minors in any wayl. forge headers or manipulate identifiers or other data in order to disguise theorigin of any content transmitted through its websites or to manipulateConsumer’s presence on its websitesm. engage in any illegal activities orn. threatens the unity, integrity, defence, security or sovereignty of India,friendly relations with foreign states, or public order, or causes incitement tothe commission of any cognizable offence or prevents the investigation of anyoffence or insults any other nation.
(Consumer or User), and "On The Rocks", having its registered office at Thane, Maharashtra, India (""On The Rocks"", "We" or "Us"). Anycapitalized terms used, but not defined herein, shall have the meaningsassigned to them in the terms of use of "On The Rocks" Application/PaymentGateway which is accessible here."On The Rocks" owns and operates mobile applications namely "On the Rocks-The App", and the website – https://www."On The Rocks".in (The mobileapplications and the website will hereby commonly referred by the term "On The Rocks Application"), which provides a platform for liquor/alcoholic beveragemanufacturers and distributors ("Sellers") to showcase liquor and alcoholicbeverages ("Products") on the platform created by "On The Rocks" i.e. the On the RocksTimes Application, and enables Consumer to search and pay for theseProducts through independent, licensed alcohol beverage retailers, and otherlicensees with retail privileges (hereinafter referred to as the "Merchant"). Weact as an intermediary/ service provider, providing Consumer with thisplatform enabling Consumer to purchase the Products from the Merchant andWe provide Consumer with payment solutions, payment support services,technology solutions and other related / ancillary services further. This mayinclude delivery of the product to the selected destination via. our platform asselected by the Consumer (hereinafter referred to as the "Services").(hereinafter referred to as the "Services"). All transactions through the On the Rocks Application are accepted, reviewed, and ultimately fulfilled by theMerchant. We do not warrant or take any responsibility or liability in respect ofthe services provided by the Merchant.1. Eligibility to Use/ConsumeBy accessing the "On The Rocks" Application, Consumer represent thatConsumer are of legal drinking age in Consumer’s state of domicile and havenot been previously suspended or prohibited from accessing the "On The Rocks"
Application or otherwise availing the Services through the "On The Rocks"Application. Consumer represent and warrant that Consumer have the rightlegal and mental capacity to enter into this Agreement and to abide by all ofthe terms and conditions of this Agreement.2. Consumer’s Registration and Account ObligationsConsumer shall be solely responsible for maintaining the confidentiality ofConsumer’s User ID and Pin (""On The Rocks" Account") and shall beresponsible for all activities that occur under Consumer’s User ID. Consumeragree that if Consumer provide any information that is inaccurate, false orincomplete or We have sufficient reasonable evidence or grounds to suspectthat such information is inaccurate, false or incomplete or not in accordancewith this Agreement, We shall have the right to indefinitely suspend orterminate or block access of Consumer’s membership on the "On The Rocks"Application and refuse to provide Consumer with access to the "On The Rocks"Application.Consumer also agree that Consumer’s User Profile is linked to Consumer’smobile number (issued by a valid operator in India) and Consumer’s self-declared email id, both of which clearly identifies Consumer’s "On The Rocks"Account. Consumer agree to provide Consumer’s correct name and otherdetails sought for which will appear on Consumer’s "On The Rocks"Application/Payment Gateway account statement.As part of the "On The Rocks"’s registration process, "On The Rocks" will generate asecure SMS based One Time Pin ("OTP") which will be sent to Consumer’sregistered mobile number to sign in to Consumer’s "On The Rocks" Account.Consumer are responsible for maintaining the integrity of the OTP withConsumer’s "On The Rocks" Account and are fully responsible for all activitiesthat occur under the "On The Rocks" Account.
Consumer are fully responsible for providing the proper email id at the time ofsign-up and Consumer acknowledge to receive emails relating to Consumer’s"On The Rocks" Application/Payment Gateway account and the productcommunications to Consumer’s registered email id.Our official language of Consumer communication is English. By Consumer’sacceptance of the T&C, we note Consumer’s preference to receive allcommunications from "On The Rocks" in the English language.Consumer agree to:a) Immediately notify "On The Rocks" of any unauthorized use of Consumer’smobile number or the "On The Rocks" Account or "On The Rocks"Application/Payment Gateway or any other breach of security, andb) Ensure that Consumer exit from Consumer’s "On The Rocks" Account at theend of each session.c) "On The Rocks" shall not be liable for any loss, damage or other liability arisingfrom Consumer’s failure to comply with this clause or from any unauthorizedaccess to or use of the "On The Rocks" Account. 3. Access to "On The Rocks"’s ServicesOur Services enable Consumer to search and pay for various Products withthe Merchant. All transactions are solely made between Consumer and theMerchant. Consumer acknowledge and agree we do not sell, offer to sell,invite to sell, sell or deliver the Products. In all instances, all sales areadvertised, accepted, made and delivered by the Merchants who receive allorders and offers."On The Rocks" grants Consumer a non-transferable, non-exclusive limitedlicense to access and make personal use of the Services and the "On The Rocks"
Application, which shall be subject to the terms and conditions contained inthis Agreement. The license allows Consumer to use the Services forConsumer’s personal, non-commercial use. The license also allowsConsumer to download, install the "On The Rocks" Applications related to theServices on a mobile device that Consumer own or control for Consumer’spersonal non-commercial use. "On The Rocks" grant of license does not permitConsumer to duplicate, transfer, give access to, copy or distribute any part ofthe Services in any way, or use the Services in any manner not consistentwith the terms of this Agreement. All rights not expressly granted herein arereserved by "On The Rocks".4. Processing and Delivery of ProductsAll Users are required to create a "On The Rocks" Application/Payment Gatewayaccount (as defined hereinafter) and all payments in respect of the Productsare to be made exclusively through the "On The Rocks" Application/PaymentGateway, the monetary value of which will be received by the respectiveMerchants from whom Consumer purchase the Products. At the timeConsumer perform a transaction, Consumer’s "On The Rocks"Application/Payment Gateway will be loaded/reloaded through a third partypayment gateway, which will, subject to the terms and conditions agreed withthe payment gateway, transfer and deliver the funds to the Merchant. The useof the "On The Rocks" Application/Payment Gateway shall be governed bythe ""On The Rocks" Application/Payment Gateway - Terms of Use" which isaccessible here. The sale of the relevant Products shall be deemed to becompleted at the licensed premises as per Applicable Laws. All deliveriesshall be subject to compliance as laid down by the State EmployeesRegulations.If the Consumer fails to accept delivery on due date, Seller will have noobligation for any refund whatsoever against the pre-payment for delivery of
the Goods had been accepted. The Seller may arrange for the storage of theGoods/Products at the risk and cost of the Consumer. If required by theConsumer the Seller shall insure the Goods/Products at the cost of theConsumer.The deadlines and time periods indicated by "On The Rocks" are not binding,unless agreed otherwise in writing. "On The Rocks" is not responsible for delaysof delivery due to Force Majeure, change in Government Policy or due to suchevents which may make the delivery considerably more difficult or impossiblefor "On The Rocks" to abide with, even if binding time periods and deliverydeadlines have been agreed. Those events permit "On The Rocks" to delay thedelivery or service for the duration of the hindrance, or to withdraw from thecontract in full or in part in relation to that part that has not been fulfilled. GoodTimes is permitted to carry out partial services or deliveries within thepermitted statutory delivery timelines.All order acceptances are given exclusively on the basis of these GeneralTerms and Conditions of Sale and Delivery. Supplements, Amendmentsand Verbal Agreements shall require a written confirmation by the Seller to belegally binding. Revocation of an order already sent by the Purchaser andconfirmed by the Seller shall be inadmissible. Changes in the terms of theorder (quantity, reference or technical specifications) shall only be admissiblewithin 24 hours after the order confirmation has been sent by the Seller."On The Rocks" does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of theMerchants. Consumer are advised to independently verify the bona fides ofany particular Merchant that Consumer choose to deal with on the Platformand use Consumer’s best judgment on that behalf. All Merchant offers andthird-party offers are subject to the respective party terms and conditions."On The Rocks" takes no responsibility for such offers.
"On The Rocks" neither makes any representation or warranty as to specifics(such as quality, value, saleability, etc.) of the products proposed to be sold oroffered to be sold or purchased on the Platform nor does implicitly or explicitlysupport or endorse the sale or purchase of any products on the Platform."On The Rocks" accepts no liability for any errors or omissions, whether on behalfof itself or third parties."On The Rocks" is operating as a PPI Payment Gateway authorised by ReserveBank of India and assumes the role of an intermediary and does not at anypoint of time during any transaction between Consumer and Merchant on thePlatform come into or take possession of any of the products offered by theMerchant. At no time shall "On The Rocks" hold any right, title or interest over theproducts nor shall "On The Rocks" have any obligations or liabilities in respect ofsuch contract entered into between Consumer and Merchant.Before handing over of the Products to Consumer, the Merchant may validateConsumer’s identity by requesting a proof of identity. The onus of age-verification lies with the Merchant to request for a proof of identity if therecipient appears to be below the legal drinking age of the state of operation.Neither "On The Rocks", nor any officer, director, employee, shareholder or agentof "On The Rocks" shall be liable to the User or any third party for any claimsrelating to the reservation and/or consumption of the Products or anyconsequences which may result thereof.By completing a transaction on the "On The Rocks" Application, Consumer agreethat Consumer are of the relevant legal age as per Applicable Law in the Statein which Consumer are domiciled, to reserve and thereafter consume suchProducts.In the event that there is no individual who is of the relevant legal age or otherrequirements as per Applicable Laws in the State in which he is domiciled, to
receive and consume such Products or such individual cannot provide valididentification showing the proof of his or her age or other excise prerequisitessuch as "permit", the Merchant may deny service of the Products. Thisreservation includes, but is not limited to the following:i. No Valid Permit for consumption of Liquorii. Person with mental disorderiii. Person/s found to be drunkiv. Person is suspected or understood to be involved or be a part of riot orcreate disturbance to public peace and/or be part of any crimev. Person on duty of Central or State Government and/or in Official uniform,Pilots in uniform and/or on Duty, including Bus and Railway Employees orDrivers on dutyvi. Person below the legal age for Consuming LiquorAt the time of Delivery, if the individual cannot provide valid identificationshowing the proof of his or her age or other excise or Application prerequisitessuch as "permit", "OTP", the Delivery Agent or the Merchant may deny serviceof the Products. The aforementioned other reservations are also applicable.5. Acceptable Use and Restrictions.Consumer agree to protect the Services, and their proprietary content,information and other materials, from any unauthorized access or use, andConsumer agree that Consumer will not use the Services or such proprietarycontent, information or other materials except as expressly permitted herein orexpressly authorized by Us. Consumer agree that:
(i) Consumer will not use the Services if Consumer are not fully able andlegally competent to agree to these Terms(ii) Consumer will not engage in any behaviour which is in violation of any lawin force(iii) Consumer will not impersonate any other person or entity, falsely claim orotherwise misrepresent an affiliation with any person or entity, or access theaccounts of others without permission, forge another persons' digitalsignature, misrepresent the source, identity, or content of informationtransmitted via the Services, perform any other similar fraudulent activity orotherwise purchase recharge with what We reasonably believe to bepotentially fraudulent funds(iv) Consumer will not infringe or try to infringe our or any third party'sintellectual properties including but not limited to patent, trademark, copyrightor other proprietary rights(v) Consumer will not host, display, upload, modify, publish, transmit, updateor share any message / information which is libellous, defamatory or whichdiscloses private or personal matters concerning any person(vi) Consumer will not host, display, upload, modify, publish, transmit, updateor share any message, data, image or program which is grossly harmful,harassing, blasphemous, defamatory, obscene, pornographic, libellous,invasive of another’s privacy, hateful, or racially, ethnically objectionable,paedophilic, disparaging, relating or encouraging money laundering orgambling, or otherwise unlawful in any manner(vii) Consumer will not refuse to cooperate in an investigation or provideconfirmation of Consumer’s identity or any other information Consumer
provide to "On The Rocks", the Merchant, if required by any law enforcement,legal or government agencies or Merchant(viii) Consumer will not make or seek to make payment to the Merchants otherthan through the "On The Rocks" Application/Payment Gateway(ix) Consumer will not remove, circumvent, disable, damage or otherwiseinterfere with security-related features of the Services and the "On The Rocks"Application or features that prohibit access to the "On The Rocks" Application orthe Services in any manner or enforce limitations on the use of the Services(x) Consumer will not reverse engineer, disassemble or otherwise attempt todiscover or discover the source code of the "On The Rocks" Application or anypart thereof, except and only to the extent that such prohibition is expresslyprohibited by applicable law notwithstanding this limitation(xi) Consumer will not attempt to obtain any information or content from theServices using any robot, spider, scraper or other automated means for anypurpose(xii) Consumer will keep secure and confidential Consumer’s details of the"On The Rocks" Account or any identification we provide Consumer which allowsaccess to the Services(xiii) Consumer will only use an access point or data account which Consumerare authorized to use(xiv) If Consumer choose to use the Platform, it shall be Consumer’sresponsibility to treat Consumer’s user identification code, password and anyother piece of information that we may provide, as part of our securityprocedures, as confidential and not disclose the same to any person or entityother than us
(xv) We shall at times and at our sole discretion reserve the right to disableany user identification code or password if Consumer have failed to complywith any of the provisions of these Terms of Use.(xvi) The Products will be deemed to be sold only at places which are licensedpremises as per Applicable Laws.(xvii) Consumer will provide proof of identity and age reasonably requested bythe Delivery Agent, Merchant or its employee(xviii) Consumer will not use the Services in any manner that could damage,disable, overburden, or impair it, including, without limitation, using theServices in an automated manner(xix) Consumer will not breach this Agreement and terms and conditionsthereof or any other rule, regulation or policy, as introduced by us from time totime(xx) Use the Services in a manner that results in or may result in complaints,disputes, reversals, chargebacks, fees, fines, penalties and other liability to"On The Rocks", a third party or Consumer(xxi) Consumer shall not hold "On The Rocks" liable for any Services provided bythe them including but not limited to anything that arises from the use of suchServices or loss of belongings and assets or any security related issues6. Pricing
The prices of the Products published on the "On The Rocks" Application areprices based on pricing information provided to us by the Merchant and maynot always reflect the prevailing pricing. The Merchant reserves the right todetermine final prices of all their Products.
7. Indemnification
Consumer agree to indemnify, save, and hold Us, our promoters, directors,affiliates, contractors, service providers, employees, officers, agents and itsthird party suppliers, licensors, and partners harmless from any and all claims,losses, damages, and liabilities, costs and expenses, including withoutlimitation legal fees and expenses, arising out of or related to Consumer’s useor misuse of the "On The Rocks" Application, violation of the terms and conditionsof this Agreement, or any breach of the representations, warranties, andcovenants made by Consumer herein. We reserve our right, at Consumer’sexpense, to assume the exclusive defence and control of any matter for whichConsumer are required to indemnify us, including rights to settle, andConsumer agree to cooperate with Us to defend and settle the claims. We willmake reasonable efforts to notify Consumer of any claim, action, orproceeding brought by a third party that is subject to the foregoingindemnification upon becoming aware of it. This clause shall survivetermination of this Agreement.
8. Liabilities and Damages
In no event will We or our contractors, directors, officers, agents, licensors,partners be liable to Consumer for any special, indirect, incidental,consequential, punitive, or exemplary damages, including but not limited tolost business opportunities, lost revenues, or loss of anticipated profits or anyother pecuniary or non-pecuniary loss or damage of any nature whatsoever,arising out of or relating to (i) this Agreement, and (ii) the use or inability usethe "On The Rocks" Application.
9. Disclaimer: No Warranties
CONSUMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTESWITH US IS THE CANCELLATION OF CONSUMER’S On the RocksACCOUNT WITH US.
On the Rocks'S APPLICATION, INCLUDING ALL CONTENT, SOFTWARE,FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ONOR ACCESSED THROUGH THE On the Rocks APPLICATION, ISPROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW,On the Rocks AND ITS SUBSIDIARIES AND AFFILIATES MAKE NOREPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVERFOR THE CONTENT/SERVICES ON THE On the Rocks APPLICATION,OR THE MATERIALS, INFORMATION AND FUNCTIONS MADEACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGHPLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXTLINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITYASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATIONTHROUGH PLATFORM OR ANY LINKED SITE. FURTHER On the RocksDISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY ORFITNESS FOR A PARTICULAR PURPOSE. On the Rocks DOES NOTWARRANT THAT THE FUNCTIONS CONTAINED ON On the RocksAPPLICATION, OR ANY MATERIALS OR CONTENT CONTAINEDTHEREIN WILL BE UNINTERRUPTED OR ERROR FREE. On the RocksSHALL NOT BE LIABLE FOR THE USE OF GOOD TIMES APPLICATION,INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORSCONTAINED THEREIN.
IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDSCONSUMER FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENTREGARDLESS OF THE FORM OF ACTION, EXCEED INR 100. 10. Ownership: Proprietary Rights
All rights, including copyright, in the "On The Rocks" Application are owned orcontrolled for these purposes by us. Except where expressly stated otherwise,Consumer are not permitted to do any derivative work, copy, download, store(in any medium), transmit, broadcast, show or display in public, adapt orchange in any way the content on the "On The Rocks" Application for anypurpose whatsoever without Our prior written permission. Violators will beprosecuted to the maximum extent possible under Applicable Laws. Any otherrights, not expressly granted herein, are reserved.
The "On The Rocks" Application includes a combination of content that we create,that our partners or licensors or associates create, and that "On The Rocks"s/Merchants may create. All materials published on the "On The Rocks"Application, including, but not limited to software(s), advertisement(s), writtencontent, views, reviews, photographs, graphics, images, illustrations, marks,logos, sound or video clips, and flash animation, are protected by ourcopyrights or trademarks or those of our partners or licensors or associates.Consumer are not permitted to copy, modify, publish, transmit, reproduce,create derivative works of, distribute, publicly perform or display, or in any wayexploit any of the materials or content on the "On The Rocks" Application or on itswebsites in whole or in part.
If we find any contents or materials published on the "On The Rocks" Applicationor on our sites as obscene, offensive, indecent, racial, hatred to religion or
objectionable or that is inaccurate, Consumer shall refrain from use of suchmaterials or contents and shall bear all risks associated with using thatcontent. Consumer unequivocally agree not to publish or post such material inConsumer’s content. We have the right, but not the obligation, to remove anycontent that may, in our sole discretion, violate these Terms or that isotherwise objectionable.
All names, logos, marks, labels, trademarks, copyrights or intellectual andproprietary rights on the "On The Rocks" Application belonging to any person,entity or third party are recognized as proprietary to the respective owners andany claims, controversy or issues against these names, logos, marks, labels,trademarks, copyrights or intellectual and proprietary rights must be directlyaddressed to the respective parties under notice to us. Consumer irrevocableconfirm and undertake that We shall not be liable for any claims, expensesand liabilities for display or use of the names, logos, marks, labels,trademarks, copyrights or intellectual and proprietary rights on the GoodTimes Application under license or rights or affiliation with the said person,entity or third party.11. Termination of Agreement
Termination by Us: Consumer agree that We, in our sole discretion, for anyor no reason, may suspend or terminate Consumer’s "On The Rocks" Account (orany part thereof) or terminate this Agreement, at any time without assigningany reason. Consumer agree that any termination may be effected withoutprior notice, and Consumer agree that, we will not be liable to Consumer orany third party for any such termination. Any suspected fraudulent, abusive orillegal activity may be referred to appropriate law enforcement authorities.
These remedies are in addition to any other remedies we may have at law orin equity.12. Consequence of Termination
Upon termination of this Agreement for any reason, we will block Consumer’saccess to the Application and delete Consumer’s "On The Rocks" Account. Incase of termination of this Agreement, any amounts standing in Consumer’sname in the "On The Rocks" Application/Payment Gateway, shall be refunded toConsumer, in accordance with the terms governing the "On The Rocks"Application/Payment Gateway and Applicable Laws.
13. Advertisements
We do not in any way warrant or represent the quality or nature of theProducts which may be advertised on the "On The Rocks" Application.Consumer’s correspondence or dealings with, or participation in promotions ofadvertisers displayed on the "On The Rocks" Application, including payment anddelivery of related goods or services, and any other terms, conditions,warranties or representations associated with such dealings, are solelybetween Consumer and such advertiser / third party. We shall not beresponsible or liable for any loss or damage of any sort incurred by Consumeras a result of any such dealings or as the result of the presence of suchadvertisers on the "On The Rocks" Application or "On The Rocks"'s website, and anysuch interaction with a third party advertiser shall be undertaken by Consumerat Consumer’s sole risk and liability.
14. Modification of this Agreement
We reserve the exclusive right to change, modify, add, delete or removeportions of this Agreement at any time by posting a notification on the On the Rocks Application or otherwise communicating the said notification toConsumer. The changes will become effective and shall be deemed acceptedby Consumer, 24 (twenty-four) hours after the initial posting and shall beapplicable immediately on a going-forward basis. If Consumer do not agreewith any such modification, Consumer’s sole and exclusive remedy is toterminate this Agreement in accordance with the clause above. If Consumercontinue to use the Application, it will be deemed as Consumer’s acceptanceto the terms.
15. Waiver
Our failure to exercise or enforce any right or provision of this Agreement willnot constitute a waiver of such right or provision. Any waiver of any provisionof this agreement and other statutes will be effective only if in writing andsigned by our authorized signatory.16. Consumer’s Data
When Consumer use the Services, Consumer understand and agree we maycollect, use and disclose information about Consumer as described in ourPrivacy Policy located here.17. Notice
We may provide Consumer with notices and communications by email,
regular mail or postings on the "On The Rocks" Application or "On The Rocks"'swebsite or by any other reasonable means. Except otherwise communicated,notice to us must be sent by courier or registered mail to: Thane,Maharashtra, India.18. DisputesDisputes are defined as any claim, controversy, or dispute between Consumerand "On The Rocks", including any claims relating in any way to the presentAgreement, any supplemental Terms, or the services, amendments, or anyother aspects of the Agreement.Any dispute arising out between the parties would be resolved by thedistrict/civil courts of the State of Maharashtra.19. Laws and Disputes RedressalSubject to Clause 18, Consumer agree that courts in Mumbai, India, shallhave exclusive jurisdiction in respect of disputes between us. This Agreementshall be governed by the laws of India.20. SeverabilityIf any provision of this Agreement is held to be unlawful, void, invalid orotherwise unenforceable, then that provision will be limited or eliminated fromthis Agreement to the minimum extent required, and the remaining provisionswill remain valid and enforceable.21. AssignmentThis Agreement, and any rights granted hereunder, may not be transferred orassigned by Consumer without our prior written consent which may bewithheld in our sole discretion, but may be assigned by us without restriction.
Any assignment attempted to be made in violation of this provision shall bevoid and of no effect.22. SurvivalUpon termination of this Agreement, any provision which, by its nature orexpress terms should survive, will survive such termination or expiration asapplied to transfers and relationship prior to such termination or expiration.23. Contact InformationConsumer can send in Consumer’s queries, requests or complaints in thefollowing ways:A) Online chat: Open the "On The Rocks" Application ->Go to the PaymentGateway Section->Click on Get Help and post a query, We will respond oncewe review Consumer’s query.B) Email: Write to us at support@"On The Rocks".in and submit Consumer’squeries.Consumer have the right to register a complaint if Consumer are not satisfiedwith any of the following: Services provided by "On The Rocks" Payment system/ prepaid instrument errors Redemption issues Extension of "On The Rocks"-Payment Gateway validity Unhappy with the quality of Consumer service provided Or Any other grievances.24. Service Level Agreement
If Consumer are not satisfied with the resolution provided by our level 1escalation, Consumer can further escalate the concern to a higher level asmentioned in our Consumer Grievance policy here25. Know Consumer’s ConsumerKYC refers to the various norms, rules, laws and statutes issued by variousgovernment authorities including the Reserve Bank of India from time to time.As required by government authorities, including excise authorities, GoodTimes, the Merchant, may be required to procure personal identificationdetails from Consumer before any Services can be delivered and at the timeof registration and/ or on a later date, for availing and / or continuation of the"On The Rocks" Application/Payment Gateway. Consumer agree that:i. "On The Rocks" shall not be responsible for wrong details being entered by theUser.ii. In the event the beneficiary/KYC details provided are found to be incorrect/insufficient, "On The Rocks" retains the right to block Consumer’s "On The Rocks"account. "On The Rocks" retains the right to share the details of the transactionundertaken using the "On The Rocks" Account and the end beneficiary/ KYCdetails with RBI, as per statutory guidelines issued from time to time. If theKYC details provided by Consumer are invalid, Consumer are liable for theconsequences or action taken by the relevant regulatory authorities ofConsumer’s jurisdiction.iii. The collection, verification, audit and maintenance of correct and updatedConsumer information is a continuous process and We reserve the right, atany time, to take steps necessary to ensure compliance with all relevant andapplicable KYC requirements;
iv. We reserve the right to discontinue Services/ reject applications for On the Rocks Application/Payment Gateway upgradation at any time if there arediscrepancies in information and/or documentation provided by Consumer;andv. Any information provided to us with the intention of securing "On The Rocks"Application/Payment Gateway shall vest with Us and may be used for anypurpose consistent with the Applicable Laws, at its discretion.Subject to guidelines/notifications issued by various government authoritiesincluding the Reserve Bank of India from time to time, the KYC norms may bereviewed and modified at the discretion of "On The Rocks" without prior intimationto Consumer.26. CommunicationConsumer agree to receive certain specific emails from us. Consumer herebyconfirm that as on date of this registration, Consumer do not have anyobjection to receiving emails, messages and calls from us and our members.This consent shall supersede any preferences set by Consumer with orregistration done with the Do Not Disturb (DND Register)/ National ConsumerPreference Register. This consent extends to emails, messages or callsrelating to Consumer’s association with the "On The Rocks" Application and/ or"On The Rocks"'s website under these Terms.27. Delivery Booking and Financial TermsIn case of Delivery, there is no warranty that the product delivery or handoverwill depend on the Product’s availability at that particular time at that particularstore/Merchant. It completely depends on the Merchant’s discretion toAccept/Reject any order.
The Merchant shall be solely responsible for any warranty/guarantee of theliquor products Delivered/Handed Over to the Users and in no event shall bethe responsibility of "On The Rocks".The transaction is bilateral between the Merchant and User and therefore,"On The Rocks" is not liable to charge or deposit any taxes applicable on suchtransactions.Consumer acknowledge and agree that we act as the Merchant's paymentagent for the limited purpose of accepting payments from Consumer on behalfof the Merchant. Upon Consumer’s payment of amounts to us, which are dueto the Merchant, Consumer’s payment obligation to the Merchant for suchamounts is completed, and we are responsible for remitting such amounts tothe -Merchant. Consumer shall not, under any circumstances whatsoever,make any payment directly to the Merchant for Order bookings made usingthe Platform.The final tax bill will be issued by the Merchant to the User along with theorder and "On The Rocks" is merely collecting the payment on behalf of suchMerchant. All applicable taxes and levies, the rates thereof and the manner ofapplicability of such taxes on the bill are being charged and determined by theMerchant. "On The Rocks" holds no responsibility for the legal correctness/validityof the levy of such taxes. The sole responsibility for any legal issue arising onthe taxes shall reside with the Merchant.28. Cancellations, Partial Orders and Refundsa) CancellationAs a general rule Consumer shall not be entitled to cancel Consumer’s orderonce Consumer have received confirmation of the same from the Merchant. IfConsumer cancel Consumer’s order after it has been confirmed, "On The Rocks"
shall have a right to charge Consumer a cancellation fee corresponding to theorder value (inclusive of applicable taxes), with a right to either not to refundthe order value or recover from Consumer’s subsequent order, the complete/deficit cancellation fee, as applicable, to compensate our Merchant anddelivery agents. "On The Rocks" shall also have the right to charge Consumercancellation fee for the orders cancelled by "On The Rocks" for the reasonsspecified under Clause 1(iii) of this cancellation and refunds policy.b) Partial OrderHowever, in the unlikely event of an item on Consumer’s order beingunavailable, we will contact Consumer on the phone number provided to us atthe time of placing the order and inform Consumer of such unavailability. Insuch an event Consumer will be entitled to modify or cancel the entire orderand shall be entitled to a refund in accordance with our refund policy.We reserve the sole right to modify/cancel Consumer’s order in the followingcircumstance:i. in the event of Consumer having already opted for partial order acceptanceduring the placement of orderii. in the event of the designated address falls outside the delivery zoneoffered by usiii. failure to contact Consumer by phone or email at the time of confirming theorder bookingiv. failure to deliver Consumer’s order due to lack of information, direction orauthorization fromConsumer at the time of delivery
v. unavailability of all the items ordered by Consumer at the time of bookingthe orderc) RefundsIn certain cases, refunds may apply. This will be determined on a case-by-case basis evaluatingcredibility of relevant circumstances on the full discretion of "On The Rocks".Consumer shall be entitled to a refund only in the event of any of the followingcircumstancesi. Consumer’s Product(s) has been tampered or damaged at the time ofdeliveryii. Us cancelling Consumer’s order due to(a) Consumer’s delivery location following outside our designated deliveryzones;(b) failure to contact Consumer by phone or email at the time of confirming theorder booking; or(c) failure to contact Consumer by phone or email at the time of confirming theorder booking; oriii. Our decision on refunds shall be at our sole discretion and shall be finaland bindingiv. All refund amounts shall be credited to Consumer’s Account/PaymentGateway account within 5-7 business days in accordance with the termsstipulated by the Payment Gateways Terms & Condition, or
v. All refund amounts shall be credited to Consumer’s respective Bankaccount within 5-7 business days in accordance with the terms stipulated byConsumer’s Bank.29. Miscellaneous"On The Rocks" is operating as a COD authorised byReserve Bank of India and assumes the role of an intermediary and does notat any point of time during any transaction between Consumer and Merchanton the Platform come into or take possession of any of the products offered bythe Merchant. At no time shall "On The Rocks" hold any right, title or interest overthe products nor shall "On The Rocks" have any obligations or liabilities in respectof such contract entered into between Consumer and Merchant. (PPI may notbe applicable for us, instead as we are using PayTm gateway for receivingonline payment, have to insert certain clause based on this)Before handing over of the Products to Consumer, the Merchant may validateConsumer’s identity by requesting a proof of identity. The onus of age-verification lies with the Merchant to request for a proof of identity if therecipient appears to be below the legal drinking age of the state of operation.Neither "On The Rocks", nor any officer, director, employee, shareholder or agentof "On The Rocks" shall be liable to the User or any third party for any claimsrelating to the reservation and/or consumption of the Products or anyconsequences which may result thereof.By completing a transaction on the "On The Rocks" Application, Consumer agreethat Consumer are of the relevant legal age as per Applicable Law in the Statein which Consumer are domiciled, to reserve and thereafter consume suchProducts.
In the event that there is no individual who is of the relevant legal age or otherrequirements as per Applicable Laws in the State in which he is domiciled, toreceive and consume such Products or such individual cannot provide valididentification showing the proof of his or her age or other excise prerequisitessuch as "Liquor Permit", the Merchant may deny service of the Products. Thisreservation includes, but is not limited to the following: Person with mental disorder Persons found to be drunk or inebriate state Persons involved in or be a part in creating riot/disturbance in relation todisturbing peace of public and/or be part of any crime Central or State Government Officials on duty and/or in uniform, Airline Pilots,Railway/Bus/Car Drivers on duty or in uniform; Any Persons below the legal age for consumption of Liquor At the time of Delivery, if the person is unable to provide valid proof of his orher age or other documents related to State Excise, Valid ID, Liquor Permit,OTP Generated over Mobile, in such a case the Delivery Agent/Merchant maydeny service of the product to the consumer. The aforementioned otherreservations are also applicable.30. Acceptable Use and Restrictions.Consumer agree to protect the Services, and their proprietary content,information and other materials, from any unauthorized access or use, andConsumer agree that Consumer will not use the Services or such proprietarycontent, information or other materials except as expressly permitted herein orexpressly authorized by Us. Consumer agree that:i. Consumer will not use the Services if Consumer are not fully able andlegally competent to agree to these Terms;ii. Consumer will not engage in any behaviour which is in violation of any lawin force;
iii. Consumer will not impersonate any other person or entity, falsely claim orotherwise misrepresent an affiliation with any person or entity, or access theaccounts of others without permission, forge another persons' digitalsignature, misrepresent the source, identity, or content of informationtransmitted via the Services, perform any other similar fraudulent activity orotherwise purchase recharge with what We reasonably believe to bepotentially fraudulent funds;iv. Consumer will not infringe or try to infringe our or any third party'sintellectual properties including but not limited to patent, trademark, copyrightor other proprietary rights;v. Consumer will not host, display, upload, modify, publish, transmit, update orshare any message / information which is libellous, defamatory or whichdiscloses private or personal matters concerning any person;vi. Consumer will not host, display, upload, modify, publish, transmit, updateor share any message, data, image or program which is grossly harmful,harassing, blasphemous, defamatory, obscene, pornographic, libellous,invasive of another’s privacy, hateful, or racially, ethnically objectionable,paedophilic, disparaging, relating or encouraging money laundering orgambling, or otherwise unlawful in any manner;vii. Consumer will not refuse to cooperate in an investigation or provideconfirmation of Consumer’s identity or any other information Consumerprovide to "On The Rocks", the Merchant, if required by any law enforcement,legal or government agencies or Merchant;viii. Consumer will not make or seek to make payment to the Merchants otherthan through the "On The Rocks" Application/Payment Gateway/Account;
ix. Consumer will not remove, circumvent, disable, damage or otherwiseinterfere with security-related features of the Services and the "On The Rocks"Application or features that prohibit access to the "On The Rocks" Application orthe Services in any manner or enforce limitations on the use of the Servicesx. Consumer will not reverse engineer, disassemble or otherwise attempt todiscover or discover the source code of the "On The Rocks" Application or anypart thereof, except and only to the extent that such prohibition is expresslyprohibited by applicable law notwithstanding this limitation;xi. Consumer will not attempt to obtain any information or content from theServices using any robot, spider, scraper or other automated means for anypurposexii. Consumer will keep secure and confidential Consumer’s details of the"On The Rocks" Account or any identification we provide Consumer which allowsaccess to the Servicesxiii. Consumer will only use an access point or data account which Consumerare authorized to usexiv. If Consumer choose to use the Platform, it shall be Consumer’sresponsibility to treat Consumer’s user identification code, password and anyother piece of information that we may provide, as part of our securityprocedures, as confidential and not disclose the same to any person or entityother than us. We shall at times and at our sole discretion reserve the right todisable any user identification code or password if Consumer have failed tocomply with any of the provisions of these Terms of Usexv. The Products will be deemed to be sold only at places which are licensedpremises as per Applicable Laws
xvi. Consumer will provide proof of identity and age reasonably requested bythe Delivery Agent, Merchant or its employeexvii. Consumer will not use the Services in any manner that could damage,disable, overburden, or impair it, including, without limitation, using theServices in an automated mannerxviii. Consumer will not breach this Agreement and terms and conditionsthereof or any other rule, regulation or policy, as introduced by us from time totimexix. Use the Services in a manner that results in or may result in complaints,disputes, reversals, chargebacks, fees, fines, penalties and other liability to"On The Rocks", a third party or Consumerxx. Consumer shall not hold "On The Rocks" liable for any Services provided bythe them including but not limited to anything that arises from the use of suchServices or loss of belongings and assets or any security related issues31. PricingThe prices of the Products published on the "On The Rocks" Application areprices based on pricing information provided to Us by the Merchant and maynot always reflect the prevailing pricing. The Merchant reserves the right todetermine final prices of all their Products.32. IndemnificationConsumer agree to indemnify, save, and hold Us, our promoters, directors,affiliates, contractors, service providers, employees, officers, agents and itsthird party suppliers, licensors, and partners harmless from any and all claims,losses, damages, and liabilities, costs and expenses, including withoutlimitation legal fees and expenses, arising out of or related to Consumer’s use
or misuse of the "On The Rocks" Application, violation by Consumer of the termsand conditions of this Agreement, or any breach of the representations,warranties, and covenants made by Consumer herein. We reserve our right,at Consumer’s expense, to assume the exclusive defence and control of anymatter for which Consumer are required to indemnify us, including rights tosettle, and Consumer agree to cooperate with Us to defend and settle theclaims. We will make reasonable efforts to notify Consumer of any claim,action, or proceeding brought by a third party that is subject to the foregoingindemnification upon becoming aware of it. This clause shall survivetermination of this Agreement.33. Liabilities and DamagesIn no event will We or our contractors, directors, officers, agents, licensors,partners be liable to Consumer for any special, indirect, incidental,consequential, punitive, or exemplary damages, including but not limited tolost business opportunities, lost revenues, or loss of anticipated profits or anyother pecuniary or non-pecuniary loss or damage of any nature whatsoever,arising out of or relating to –i. this Agreement andii. the use or inability to use the "On The Rocks" Application34. Documentationi. The collection, verification, audit and maintenance of correct and updatedConsumer information is a continuous process and "On The Rocks" reserves theright, at any time, to take steps necessary to ensure compliance with allrelevant and applicable KYC requirements.ii. "On The Rocks" reserves the right to discontinue services/reject applications fora "On The Rocks" Application/Payment Gateway at any time, if there are
discrepancies in the information and/or documentation provided byConsumer/Consumer.iii. Any information provided to "On The Rocks" with the intention of securing a"On The Rocks" Application/Payment Gateway shall vest with "On The Rocks" andmay be used for any purpose consistent with Applicable Law, at its discretion.iv. If the particulars provided by Consumer in the KYC documents do notmatch with the details mentioned in the Enrolment Form, thenConsumer/Consumer will not be eligible for a Prime AccountSubject to the guidelines/notifications issued by RBI from time to time theselimitations may be reviewed and modified at the discretion of "On The Rocks"without prior intimation to the Consumer."On The Rocks" reserves the right to suspend/discontinue the "On The Rocks"Application/Payment Gateway services to Consumer at any time, for anycause, including, but not limited, to the following -i. For any suspected violation of the rules, regulations, orders, directions,notifications issued by RBI from time to time or for any violation of the termsand conditions mentioned under these Termsii. For any suspected discrepancy in the particular(s), documentation orEnrolment Form provided by Consumeriii. To combat potential fraud, sabotage, wilful destruction, threat to nationalsecurity or for any other force majeure reasons, etciv. If the same is due to technical failure, modification, upgradation, variation,relocation, repair, and/or maintenance due to any emergency or for anytechnical reasons
v. If the same is due to any transmission deficiencies caused by topographicaland geographical constraints or limitationsvi. If the mobile connection with which Consumer’s "On The Rocks"Application/Payment Gateway is related, ceases to be operational or be not inConsumer’s possession or controlvii. If "On The Rocks" believes, in its reasonable opinion, that cessation orsuspension is necessaryviii. Consumer are permitted to maintain and operate only one "On The Rocks"Application account from one Mobile number and Nameix. Any suspected non-conformity with this requirement shall be just cause forthe suspension or discontinuation of any/all "On The Rocks" account andPayment Gateways associated with Consumer and number with "On The Rocks"35. Know Consumer’s Consumer ComplianceKYC refers to the various norms, rules, laws and statutes issued by the RBIfrom time to time, including the Master Direction (Know Consumer’sConsumer (KYC)) Direction, 2016, as amended or implemented from time totime. "On The Rocks" is required to procure personal identification details fromConsumer before any services can be delivered and at the time of registrationand/or on a later date, for availing and/or continuation of the "On The Rocks"Application/Payment Gateway, subject to Applicable Law and "On The Rocks"'sPrivacy Policy. Consumer agree that :i. The collection, verification, audit and maintenance of correct and updatedConsumer information is a continuous process and "On The Rocks" reserves theright, at any time, to take steps necessary to ensure compliance with allrelevant and applicable KYC requirements
ii. We reserve the right to discontinue services/ reject applications for the"On The Rocks" Application/Payment Gateway at any time if there arediscrepancies in the information and/or documentation provided by Consumer,andiii. Subject to Applicable Law and "On The Rocks"'s privacy policy, anyinformation provided to "On The Rocks", with the intention of securing GoodTimes Application/Payment Gateway, shall vest with "On The Rocks", and may beused, for any purpose consistent with the Applicable Laws and "On The Rocks"'sprivacy policy, at its discretioniv. Subject to the guidelines/notifications issued by the RBI from time to time,the KYC norms may be reviewed and modified at the discretion of GoodTimes without prior intimation to Consumer36. Reporting of unauthorized Payment Transactions by Consumersi. Consumers should mandatorily register for SMS alerts and whereveravailable also register for e-mail alerts, for electronic payment transactionsii. SMS alerts for any payment transaction shall be sent to the Consumers. E-mail alerts may be sent if the email ID’s are registered. The transaction alertwill have the contact number or email id to which the Consumer can reportunauthorized transactions or notify objectionsiii. Consumers should notify unauthorised transactions at the earliest and shallalso be informed that longer the time taken to notify "On The Rocks", higher willbe the risk of loss to "On The Rocks" and Consumeriv. "On The Rocks" provides Consumers with the contact details to report theunauthorised transaction/ or loss or theft. The contact details are available inthe Consumer grievance policy The loss/fraud reporting system soestablished shall also ensure that immediate response (including auto-
response) is sent to the Consumers acknowledging the compliant along withthe registered compliant number. The communication systems used by PPIissuers to send alerts and receive their responses thereto shall record timeand date of delivery of the message and receipt of Consumers response, ifany. On receipt of the report of the unauthorised payment transactions, GoodTimes shall take immediate action to prevent further unauthorised paymenttransactions through the Prepaid Payment Instrumentv. In cases where the loss is due to negligence by a Consumer, such aswhere he/she has shared the payment credentials, the Consumer will bear theentire loss until he/she reports the unauthorised transaction to the PPI issuer.Any loss occurring after the reporting of the unauthorised transaction shall beborne by "On The Rocks"vi. The number of days mentioned above shall be counted excluding the dateof receiving the communication from "On The Rocks"37. Reporting timeline for zero liability/limited liability of a Consumeri. On being notified by the Consumer, "On The Rocks" shall credit the amountinvolved in the unauthorised electronic payment transaction to the Consumerwithin 10 days from the date of such notification by the Consumer, even ifsuch reversal breaches the maximum permissible limit applicable to GoodTimesii. "On The Rocks" shall ensure the complaint is resolved and liability of theConsumer, if any established within a period not exceeding 90 days from thedate of receipt of the compliant.38. Consumer Obligationsi. "On The Rocks" Application/Payment Gateway availability is subject to themaintenance of an active mobile phone and/or internet connection with an
associated telecom provider. "On The Rocks" Application/Payment Gatewayavailability is subject to the maintenance of a mobile phone handset and othersoftware/hardware applications on which the services run. The Consumer issolely responsible for all liability arising from the unavailability of services dueto a mobile handset or internet service provider not supporting any GoodTimes Application/Payment Gateway channel or applicationii. Consumer must ensure the availability of sufficient funds before executingany Transaction from Consumer’s "On The Rocks" Application/Payment Gatewayiii. Consumer shall be solely responsible for the confidentiality, safety andsecurity of the One Time Pin. Consumer shall be the sole owner of the OneTime Pin and shall be responsible for the consequences arising out ofdisclosure of the One Time Pin and/or the unauthorized use of the GoodTimesiv. In case the mobile phone/SIM card associated with Consumer’s GoodTimes is lost/stolen/misplaced/ no longer in Consumer’s control, Consumershall promptly inform "On The Rocks". "On The Rocks" will, upon receipt of suchinformation, block the relevant accountv. Consumer acknowledge and understand that the "On The Rocks"Application/Payment Gateway is linked to Consumer’s mobile phone numberand Consumer shall be solely responsible for any liability arising out of theloss/theft/misuse of the mobile phone number or deactivation of the mobileconnection by the concerned telecom service provider, in respect of theservicesvi. Information submitted by Consumer for availing facilities with "On The Rocks"and/or information submitted while using the "On The Rocks" may be shared withthird parties by "On The Rocks", inter alia, to facilitate the provision of the GoodTimes, subject to Applicable Law and the term of "On The Rocks"'s Privacy Policy
vii. "On The Rocks"’s Customers who have utilised the "On The Rocks" application forGifting shall provide on demand, the full details of the ultimate beneficiary,while all terms and conditions of "On The Rocks" remains valid and applicable onhim/her, for the purpose of furnishing the same to the RBI or the government,as and when requestedviii. Consumer shall ensure that the services are not used for Transactions inany foreign currency. The "On The Rocks" is issued & shall be valid only with theStates of India and shall be used at Merchant Establishments only in India.ix. Without limiting the foregoing, Consumer agree that Consumer will not usethe "On The Rocks" application/website to undertake any of the following actionsor to display, upload, modify, publish, distribute, disseminate, transmit, updateor share any information that:a. is grossly harmful, harassing, blasphemous, defamatory, obscene,pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, orracially, ethnically objectionable, disparaging, relating or encouraging moneylaundering or gambling, or otherwise unlawful in any manner whateverb. infringes any patent, trademark, copyright or other proprietary rightsc. contains viruses, corrupted files, or any other similar software or programsthat is designed to interrupt, destroy or that may limit the functionality of anycomputer source or that may damage or adversely affect the operation ofanother person’s computer, its websites, any software or hardware, ortelecommunications equipmentd. advertises or offers to sell any goods or services for any commercialpurpose
e. is in the nature of promotional services, products, surveys, contests,pyramid schemes, spam, unsolicited advertising or promotional materials, orchain lettersf. falsify or delete any author attributions, legal or other proper notices orproprietary designations or labels of the origin or the source of software orother materialg. violates any law for the time being in forceh. belongs to another person and which Consumer do not have any right toi. interferes with or disrupts "On The Rocks"s website, servers, or networksj. attempts to impersonate any other personk. harm minors in any wayl. forge headers or manipulate identifiers or other data in order to disguise theorigin of any content transmitted through its websites or to manipulateConsumer’s presence on its websitesm. engage in any illegal activities orn. threatens the unity, integrity, defence, security or sovereignty of India,friendly relations with foreign states, or public order, or causes incitement tothe commission of any cognizable offence or prevents the investigation of anyoffence or insults any other nation.
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