This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the following terms and conditions carefully before browsing, downloading, registering, accessing or using the KureOne Healthcare Application/ website (as defined below). By accessing, registering on or using the KureOne Healthcare Application or by using the Services provided by Us, as defined below, Consumer agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, Consumer do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, Consumer may not access or use the KureOne Healthcare Application and terminate this Agreement, in terms hereof.
By accepting the terms and conditions you declare that you are legally permitted to consume liquor and have the permit. If not it can be obtained from Maharashtra Government's State Excise Department
Consumer's Agreement to these Terms and Conditions for Availing Service
In a bid to ensure that no social distancing norms are violated, the Maharashtra government has given a go-ahead to the home delivery of liquor amid curfew. These Terms and Conditions (as may be amended from time to time, the "Agreement" or "Terms") constitute a legal contract between Consumer being a User of legal drinking age in Consumer's state of domicile ("Consumer" or "User"), and KureOne Healthcare, having its registered office at Dev Corpora Thane, Maharashtra, India ("KureOne Healthcare", "We" or "Us"). Any capitalized terms used, but not defined herein, shall have the meanings assigned to them in the terms of use of KureOne Healthcare Application/ Payment Gateway which is accessible here.
KureOne Healthcare owns and operates mobile applications namely "KureOne Healthcare - The App", and the website https://www.KureOne Healthcare.com (The mobile applications and the website will hereby commonly referred by the term "KureOne Healthcare Application"), which provides a platform for liquor/alcoholic beverage manufacturers and distributors ("Sellers") to showcase liquor and alcoholic beverages ("Products") on the platform created by KureOne Healthcare i.e. the KureOne Healthcare Application, and enables Consumer to search and pay for these Products through independent, licensed alcohol beverage retailers, and other licensees with retail privileges (hereinafter referred to as the "Merchant"). We act as an intermediary/ service provider, providing Consumer with this platform enabling Consumer to purchase the Products from the Merchant and We provide Consumer with payment solutions, payment support services, technology solutions and other related / ancillary services further. This may include delivery of the product to the selected destination via. our platform as selected by the Consumer (hereinafter referred to as the "Services"). (hereinafter referred to as the "Services"). All transactions through the KureOne Healthcare Application are accepted, reviewed, and ultimately fulfilled by the Merchant. We do not warrant or take any responsibility or liability in respect of the services provided by the Merchant.
1. Eligibility to Use/Consume
By accessing the KureOne Healthcare Application, Consumer represent that Consumer are of legal drinking age in Consumer's state of domicile and have not been previously suspended or prohibited from accessing the KureOne Healthcare Application or otherwise availing the Services through the KureOne Healthcare Application. Consumer represent and warrant that Consumer have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Consumer's Registration and Account Obligations
As part of the KureOne Healthcare's registration process, KureOne Healthcare will generate a secure SMS based One Time Pin ("OTP") which will be sent to Consumer's registered mobile number to sign in to Consumer's KureOne Healthcare Account. Consumer are responsible for maintaining the integrity of the OTP with Consumer's KureOne Healthcare Account and are fully responsible for all activities that occur under the KureOne Healthcare Account.
Consumer are fully responsible for providing the proper email id at the time of sign-up and Consumer acknowledge to receive emails relating to Consumer's KureOne Healthcare Application/ Payment Gateway account and the product communications to Consumer's registered email id.
Our official language of Consumer communication is English. By Consumer's acceptance of the T&C, we note Consumer's preference to receive all communications from KureOne Healthcare in the English language.
Consumer agree to:
a) Immediately notify KureOne Healthcare of any unauthorized use of Consumer's mobile number or the KureOne Healthcare Account or KureOne Healthcare Application/Payment Gateway or any other breach of security, and
b) Ensure that Consumer exit from Consumer's KureOne Healthcare Account at the end of each session.
c) KureOne Healthcare shall not be liable for any loss, damage or other liability arising from Consumer's failure to comply with this clause or from any unauthorized access to or use of the KureOne Healthcare Account.
3. Access to KureOne Healthcare's Services
Our Services enable Consumer to search and pay for various Products with the Merchant. All transactions are solely made between Consumer and the Merchant. Consumer acknowledge and agree we do not sell, offer to sell, invite to sell, sell or deliver the Products. In all instances, all sales are advertised, accepted, made and delivered by the Merchants who receive all orders and offers.
KureOne Healthcare grants Consumer a non-transferable, non-exclusive limited license to access and make personal use of the Services and the KureOne Healthcare Application, which shall be subject to the terms and conditions contained in this Agreement. The license allows Consumer to use the Services for Consumer's personal, non-commercial use.
4. Processing and Delivery of Products
All Users are required to create a KureOne Healthcare Application/Payment Gateway account (as defined hereinafter) and all payments in respect of the Products are to be made exclusively through the KureOne Healthcare Application/Payment Gateway, the monetary value of which will be received by the respective Merchants from whom Consumer purchase the Products. At the time Consumer perform a transaction, Consumer's KureOne Healthcare Application/Payment Gateway will be loaded/reloaded through a third party payment gateway, which will, subject to the terms and conditions agreed with the payment gateway, transfer and deliver the funds to the Merchant. The use of the KureOne Healthcare Application/ Payment Gateway shall be governed by the "KureOne Healthcare Application/Payment Gateway - Terms of Use" which is accessible here. The sale of the relevant Products shall be deemed to be completed at the licensed premises as per Applicable Laws. All deliveries shall be subject to compliance as laid down by the State Excise Regulations.
If the Consumer fails to accept delivery on due date, Seller will have no obligation for any refund whatsoever against the pre-payment for delivery of the Goods had been accepted. The Seller may arrange for the storage of the Goods/Products at the risk and cost of the Consumer. If required by the Consumer the Seller shall insure the Goods/ Products at the cost of the Consumer.
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, and Consumer agree that Consumer will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. Consumer agree that:
(i) Consumer will not use the Services if Consumer are not fully able and legally competent to agree to these Terms
(ii) Consumer will not engage in any behaviour which is in violation of any law in force
(iii) Consumer will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds
(iv) Consumer will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights
6. Pricing
The prices of the Products published on the KureOne Healthcare Application are prices based on pricing information provided to us by the Merchant and may not always reflect the prevailing pricing. The Merchant reserves the right to determine 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 its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Consumer's use or misuse of the KureOne Healthcare Application, violation of the terms and 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 any matter for which Consumer are required to indemnify us, including rights to settle, and Consumer agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify Consumer of any claim action or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination 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 to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this Agreement, and (ii) the use or inability use the KureOne Healthcare Application.
9. Disclaimer: No Warranties
CONSUMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF CONSUMER'S KureOne Healthcare ACCOUNT WITH US.
10. Termination of Agreement
Termination by Us: Consumer agree that We, in our sole discretion, for any or no reason, may suspend or terminate Consumer's KureOne Healthcare Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. Consumer agree that any termination may be effected without prior notice, and Consumer agree that, we will not be liable to Consumer or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
11. Consequence of Termination
Upon termination of this Agreement for any reason, we will block Consumer's access to the Application and delete Consumer's KureOne Healthcare Account. In case of termination of this Agreement, any amounts standing in Consumer's name in the KureOne Healthcare Application/Payment Gateway, shall be refunded to Consumer, in accordance with the terms governing the KureOne Healthcare Application/Payment Gateway and Applicable Laws.
12. Consumer's Data
When Consumer use the Services, Consumer understand and agree we may collect, use and disclose information about Consumer as described in our Privacy Policy located here.
13. Notice
We may provide Consumer with notices and communications by email, regular mail or postings on the KureOne Healthcare Application or KureOne Healthcare's website or by any other reasonable means. Except otherwise communicated, notice to us must be sent by courier or registered mail to: Dev Corpora Thane, Maharashtra, India.
14. Disputes
Disputes are defined as any claim, controversy, or dispute between Consumer and KureOne Healthcare, including any claims relating in any way to the present Agreement, any supplemental Terms, or the services, amendments, or any other aspects of the Agreement.
15. Laws and Disputes Redressal
Subject to Clause 18, Consumer agree that courts in Mumbai, India, shall have exclusive jurisdiction in respect of disputes between us. This Agreement shall be governed by the laws of India.
16. Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
17. Assignment
This Agreement, and any rights granted hereunder, may not be transferred or assigned by Consumer without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
18. Service Level Agreement
If Consumer are not satisfied with the resolution provided by our level 1 escalation, Consumer can further escalate the concern to a higher level as mentioned in our Consumer Grievance policy here
19. Know Consumer's Consumer
KYC refers to the various norms, rules, laws and statutes issued by various government authorities including the Reserve Bank of India from time to time. As required by government authorities, including excise authorities, KureOne Healthcare, the Merchant, may be required to procure personal identification details from Consumer before any Services can be delivered and at the time of registration and/or on a later date, for availing and / or continuation of the KureOne Healthcare Application/Payment Gateway. Consumer agree that:
i. KureOne Healthcare shall not be responsible for wrong details being entered by the User.
ii. In the event the beneficiary/KYC details provided are found to be incorrect/ insufficient, KureOne Healthcare retains the right to block Consumer's KureOne Healthcare account. KureOne Healthcare retains the right to share the details of the transaction undertaken using the KureOne Healthcare Account and the end beneficiary/ KYC details with RBI, as per statutory guidelines issued from time to time. If the KYC details provided by Consumer are invalid, Consumer are liable for the consequences or action taken by the relevant regulatory authorities of Consumer's jurisdiction.
iii. The collection, verification, audit and maintenance of correct and updated Consumer information is a continuous process and We reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements;
iv. We reserve the right to discontinue Services/ reject applications for KureOne Healthcare Application/ Payment Gateway upgradation at any time if there are discrepancies in information and/or documentation provided by Consumer; and
v. Any information provided to us with the intention of securing KureOne Healthcare Application/ Payment Gateway shall vest with Us and may be used for any purpose consistent with the Applicable Laws, at its discretion.
Subject to guidelines/notifications issued by various government authorities including the Reserve Bank of India from time to time, the KYC norms may be reviewed and modified at the discretion of KureOne Healthcare without prior intimation to Consumer.
20. Cancellations
As a general rule Consumer shall not be entitled to cancel Consumer's order once Consumer have received confirmation of the same from the Merchant. If Consumer cancel Consumer's order after it has been confirmed, KureOne Healthcare shall have a right to charge Consumer a cancellation fee corresponding to the order value (inclusive of applicable taxes), with a right to either not to refund the order value or recover from Consumer's subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our Merchant and delivery agents. KureOne Healthcare shall also have the right to charge Consumer cancellation fee for the orders cancelled by KureOne Healthcare for the reasons specified under Clause 1 (iii) of this cancellation and refunds policy.