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 HipBar Application/
website (as defined below). By accessing, registering on or using the
HipBar Application or by using the Services provided by Us, as defined
below, You 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, You do not agree to these terms and conditions or do
not wish to be bound by any of these terms and conditions, You may not
access or use the HipBar Application and terminate this Agreement, in terms
hereof.
Your Agreement to these Terms and Conditions for availing Service
These Terms and Conditions (as may be amended from time to time, the
"Agreement" or “Terms”) constitute a legal contract between You being a
User of legal drinking age in your state of domicile (“You” or “User”), and
HipBar Private Limited, having its registered office at No.34, 1st floor, B
Ramachandra Adithanar Road (4th Main Road) Gandhi Nagar, Adyar, Chennai
-600020(“HipBar”, “We” or “Us”). Any capitalized terms used, but not
defined herein, shall have the meanings assigned to them in the terms of
use of HipBar Wallet which is accessible here .
Hip Bar owns and operates mobile applications namely “HIPBAR: The Drinks
App”, “HB and the website – https://gifting.hipbar.com (The mobile
applications and the website will hereby commonly referred by the term
“HipBar 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 HipBar i.e. the
HipBar Application, and enables You 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 You
with this platform enabling You to purchase the Products from the Merchant
and We provide You with payment solutions, payment support services,
technology solutions and other related / ancillary services (hereinafter
referred to as the “Services”). All transactions through the HipBar
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
By accessing the HipBar Application, You represent that You are of legal
drinking age in your state of domicile and have not been previously
suspended or prohibited from accessing the HipBar Application or otherwise
availing the Services through the HipBar Application. You represent and
warrant that You 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. Your Registration and Account Obligations
You shall be solely responsible for maintaining the confidentiality of Your
User ID and Pin ("HipBar Account") and shall be responsible for all
activities that occur under Your User ID. You agree that if You provide any
information that is inaccurate, false or incomplete or We have sufficient
reasonable evidence or grounds to suspect that such information is
inaccurate, false or incomplete or not in accordance with this Agreement,
We shall have the right to indefinitely suspend or terminate or block
access of Your membership on the HipBar Application and refuse to provide
You with access to the HipBar Application.
You also agree that Your User Profile is linked to your mobile number
(issued by a valid operator in India) and Your self-declared email id, both
of which clearly identifies your HipBar Account. You agree to provide your
correct name and other details sought for which will appear on your HipBar
Wallet account statement.
As part of the HipBar’s registration process, HipBar will generate a secure
SMS based One Time Pin ("OTP") which will be sent to your registered mobile
number to sign in to your HipBar Account. You are responsible for
maintaining the integrity of the OTP with your HipBar Account and are fully
responsible for all activities that occur under the HipBar Account.
You are fully responsible for providing the proper email id at the time of
sign-up and You acknowledge to receive emails relating to Your HipBar
Wallet account and the product communications to Your registered email id.
Our official language of customer communication is English. By your acceptance of the T&C, we note your preference to receive all communications from HipBar in the English language.
In addition, You shall set a four-digit Account PIN and You acknowledge
that this PIN shall be unique. You shall maintain the secrecy of the
Account PIN in Your own interest, and any liability on account of any
breach to Your account on account of disclosing this information to any
third party shall solely rest with You.
You agree to:
a) Immediately notify HipBar of any unauthorized use of Your mobile number
or the HipBar Account or HipBar Wallet or any other breach of security, and
b) Ensure that You exit from Your HipBar Account at the end of each
session.
HipBar shall not be liable for any loss, damage or other liability arising
from Your failure to comply with this clause or from any unauthorized
access to or use of the HipBar Account.
The terms of use of HipBar Wallet shall be governed by the terms which are
accessible here
3. Access to HipBar’s Services
Our Services enable You to search and pay for various Products with the
Merchant. All transactions are solely made between You and the Merchant.
You 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.
HipBar grants you a non-transferable, non-exclusive limited license to
access and make personal use of the Services and the HipBar Application,
which shall be subject to the terms and conditions contained in this
Agreement. The license allows You to use the Services for Your personal,
non-commercial use. The license also allows You to download, install the
HipBar Applications related to the Services on a mobile device that You own
or control for Your personal non-commercial use. HipBar’s grant of the
license does not permit You to duplicate, transfer, give access to, copy or
distribute any part of the Services in any way, or use the Services in any
manner not consistent with the terms of this Agreement. All rights not
expressly granted herein are reserved by HipBar.
4. Processing and Delivery of Products
All Users are required to create a HipBar Wallet account (as defined
hereinafter) and all payments in respect of the Products are to be made
exclusively through the HipBar Wallet, the monetary value of which will be
received by the respective Merchants from whom you purchase the Products.
At the time you perform a transaction, your HipBar Wallet 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 HipBar Wallet shall be
governed by the "HipBar Wallet - 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.
Before handing over of the Products to You, the Merchant may validate your
identity by requesting a proof of identity. The onus of age-verification
lies with the Merchant to request for a proof of identity if the recipient
appears to be below the legal drinking age of the state of operation.
With regard to value of the PPI, HipBar follows industry practice, by rounding off the value to the nearest Rupee (i.e. if the MRP of a product in the decimal point has fractions of less than 50 paise, it is ignored, and in the case of fractions more than 50 paise, they are rounded off to the nearest higher Rupee)
Neither HipBar, nor any officer, director, employee, shareholder or agent
of HipBar shall be liable to the User or any third party for any claims
relating to the reservation and/or consumption of the Products or any
consequences which may result thereof.
By completing a transaction on the HipBar Application, you agree that you
are of the relevant legal age as per Applicable Law in the State in which
you are domiciled, to reserve and thereafter consume such Products.
In the event that there is no individual who is of the relevant legal age
or other requirements as per Applicable Laws in the State in which he is
domiciled, to receive and consume such Products or such individual cannot
provide valid identification showing the proof of his or her age or other
excise prerequisites such as “permit”, the Merchant may deny service of the
Products. This reservation includes, but is not limited to the following:
a) An insane Person;
b) Persons known or believed to be drunk;
c) Persons known or suspected to be about to take part in a riot or
disturbance of public peace or any other crime;
d) If a Person is an Excise Official, Police Officer, Railway Servant and
Motor Bus Chauffeur, on duty or in uniform;
e) Persons below the legal drinking age.
5. Acceptable Use and Restrictions.
You agree to protect the Services, and their proprietary content,
information and other materials, from any unauthorized access or use, and
You agree that you will not use the Services or such proprietary content,
information or other materials except as expressly permitted herein or
expressly authorized by Us. You agree that:
(i) You will not use the Services if You are not fully able and legally
competent to agree to these Terms;
(ii) You will not engage in any behavior which is in violation of any law
in force;
(iii) You 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) You 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;
(v) You will not host, display, upload, modify, publish, transmit, update
or share any message / information which is libelous, defamatory or which
discloses private or personal matters concerning any person;
(vi) You will not host, display, upload, modify, publish, transmit, update
or share any message, data, image or program which is grossly harmful,
harassing, blasphemous, defamatory, obscene, pornographic, libelous,
invasive of another’s privacy, hateful, or racially, ethnically
objectionable, paedophilic, disparaging, relating or encouraging money
laundering or gambling, or otherwise unlawful in any manner;
(vii) You will not refuse to cooperate in an investigation or provide
confirmation of Your identity or any other information You provide to
HipBar, the Merchant, if required by any law enforcement, legal or
government agencies or Merchant;
(viii) You will not make or seek to make payment to the Merchants other
than through the HipBar Wallet;
(ix) You will not remove, circumvent, disable, damage or otherwise
interfere with security-related features of the Services and the HipBar
Application or features that prohibit access to the HipBar Application or
the Services in any manner or enforce limitations on the use of the
Services;
(x) You will not reverse engineer, disassemble or otherwise attempt to
discover or discover the source code of the HipBar Application or any part
thereof, except and only to the extent that such prohibition is expressly
prohibited by applicable law notwithstanding this limitation;
(xi) You will not attempt to obtain any information or content from the
Services using any robot, spider, scraper or other automated means for any
purpose;
(xii) You will keep secure and confidential your details of the HipBar
Account or any identification we provide you which allows access to the
Services;
(xiii) You will only use an access point or data account which you are
authorized to use;
(xiv) The Products will be deemed to be sold only at places which are
licensed premises as per Applicable Laws.
(xv) You will provide proof of identity and age reasonably requested by the
Merchant or its employee;
(xvi) You will not use the Services in any manner that could damage,
disable, overburden, or impair it, including, without limitation, using the
Services in an automated manner;
(xvii) You will not breach this Agreement and terms and conditions thereof
or any other rule, regulation or policy, as introduced by us from time to
time;
(xviii) Use the Services in a manner that results in or may result in
complaints, disputes, reversals, chargebacks, fees, fines, penalties and
other liability to HipBar, a third party or You;
(xix) You shall not hold HipBar liable for any Services provided by the
them including but not limited to anything that arises from the use of such
Services or loss of belongings and assets or any security related issues.
6. Pricing
The prices of the Products published on the HipBar 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
You 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
Your use or misuse of the HipBar Application, violation by You of the terms
and conditions of this Agreement, or any breach of the representations,
warranties, and covenants made by You herein. We reserve our right, at Your
expense, to assume the exclusive defence and control of any matter for
which You are required to indemnify us, including rights to settle, and You
agree to cooperate with Us to defend and settle the claims. We will make
reasonable efforts to notify You of any claim, action, or proceeding
brought by a third party that is subject to the foregoing indemnification
upon becoming aware of it. This 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 You 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 HipBar Application.
9. Disclaimer: No Warranties
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION
OF YOUR HIPBAR ACCOUNT WITH US.
HIPBAR'S APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS
AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HIPBAR
APPLICATION, IS PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW,
HIPBAR AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR
WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT/SERVICES ON THE HIPBAR
APPLICATION, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY
THE SOFTWARE USED ON OR ACCESSED THROUGH PLATFORM, FOR ANY PRODUCTS OR
SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY
ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH PLATFORM
OR ANY LINKED SITE. FURTHER HIPBAR DISCLAIM'S ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HIPBAR DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED ON HIPBAR APPLICATION, OR ANY
MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE.
HIPBAR SHALL NOT BE LIABLE FOR THE USE OF HIPBAR APPLICATION, INCLUDING,
WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDS YOU FOR ANY AND ALL
CLAIMS UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, EXCEED INR
100.
10. Ownership; Proprietary Rights
All rights, including copyright, in the HipBar Application are owned or
controlled for these purposes by Us. Except where expressly stated
otherwise, You are not permitted to do any derivative work, copy, download,
store (in any medium), transmit, broadcast, show or display in public,
adapt or change in any way the content on the HipBar Application for any
purpose whatsoever without Our prior written permission. Violators will be
prosecuted to the maximum extent possible under Applicable Laws. Any other
rights, not expressly granted herein, are reserved.
The HipBar Application includes a combination of content that We create,
that our partners or licensors or associates create, and that the
Sellers/Merchants may create. All materials published on the HipBar
Application, including, but not limited to software(s), advertisement(s),
written content, views, reviews, photographs, graphics, images,
illustrations, marks, logos, sound or video clips, and flash animation, are
protected by our copyrights or trademarks or those of our partners or
licensors or associates. You are not permitted to copy, modify, publish,
transmit, reproduce, create derivative works of, distribute, publicly
perform or display, or in any way exploit any of the materials or content
on the HipBar Application or on its websites in whole or in part.
If We find any contents or materials published on the HipBar Application or
on our sites as obscene, offensive, indecent, racial, hatred to religion or
objectionable or that is inaccurate, you shall refrain from use of such
materials or contents and shall bear all risks associated with using that
content. You unequivocally agree not to publish or post such material in
Your content. We have the right, but not the obligation, to remove any
content that may, in our sole discretion, violate these Terms or that is
otherwise objectionable.
All names, logos, marks, labels, trademarks, copyrights or intellectual and
proprietary rights on the HipBar Application belonging to any person,
entity or third party are recognized as proprietary to the respective
owners and any claims, controversy or issues against these names, logos,
marks, labels, trademarks, copyrights or intellectual and proprietary
rights must be directly addressed to the respective parties under notice to
us. You irrevocable confirm and undertake that We shall not be liable for
any claims, expenses and liabilities for display or use of the names,
logos, marks, labels, trademarks, copyrights or intellectual and
proprietary rights on the HipBar Application under license or rights or
affiliation with the said person, entity or third party.
11. Termination of Agreement
Termination by Us: You agree that We, in our sole discretion, for any or no
reason, may suspend or terminate Your HipBar Account (or any part thereof)
or terminate this Agreement, at any time without assigning any reason. You
agree that any termination may be effected without prior notice, and You
agree that We will not be liable to You 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.
Termination by You: You may terminate this Agreement at any point in time.
12. Consequence of Termination
Upon termination of this Agreement for any reason, We will block Your
access to the Application and delete Your HipBar Account.
In case of termination of this Agreement, any amounts standing in your name
in the HipBar Wallet, shall be refunded to You, in accordance with the
terms governing the HipBar Wallet accessible here and
Applicable
Laws.
13. Advertisements
We do not in any way warrant or represent about the quality or nature of
the Products which may be advertised on the HipBar Application. Your
correspondence or dealings with, or participation in promotions of
advertisers displayed on the HipBar Application, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between You and such advertiser / third party. We shall not be responsible
or liable for any loss or damage of any sort incurred by You as a result of
any such dealings or as the result of the presence of such advertisers on
the HipBar Application or HipBar's website, and any such interaction with a
third party advertiser shall be undertaken by You at your sole risk and
liability.
14. Modification of this Agreement
We reserve the exclusive right to change, modify, add, delete or remove
portions of this Agreement at any time by posting a notification on the
HipBar Application or otherwise communicating the said notification to You.
The changes will become effective and shall be deemed accepted by You, 24
(twenty-four) hours after the initial posting and shall be applicable
immediately on a going-forward basis. If You do not agree with any such
modification, Your sole and exclusive remedy is to terminate this Agreement
in accordance with the clause above. If you continue to use the
Application, it will be deemed as your acceptance to the terms.
15. Waiver
Our failure to exercise or enforce any right or provision of this Agreement
will not constitute a waiver of such right or provision. Any waiver of any
provision of this Agreement will be effective only if in writing and signed
by our authorized signatory.
16. Your Data.
When you use the Services, you understand and agree We may collect, use and
disclose information about you as described in our Privacy Policy located here
.
17. Notice
We may provide You with notices and communications by email, regular mail
or postings on the HipBar Application or HipBar's website or by any other
reasonable means. Except otherwise communicated, notice to Us must be sent
by courier or registered mail to: No.34/72A, Gandhi Nagar 4th Main Road,
Adyar, Chennai, Tamil Nadu 600020.
18. Arbitration
You and/or HipBar, agree that any dispute arising out of or relating to
this Agreement including its interpretation by arbitration, shall be
settled in accordance with the provisions of the Indian Arbitration &
Conciliation Act, 1996. You agree, that the disputes shall be decided by a
sole arbitrator and We shall have the sole right to appoint the arbitrator.
Any such dispute shall be decided and determined on an individual basis and
shall not be consolidated in any arbitration with any claim or controversy
of any other party. The arbitration proceedings shall be conducted in
Chennai, India. Either of us may, subject to the provisions of the
Arbitration & Conciliation Act, 1996, and to the extent permitted
thereunder, seek any interim or preliminary relief from a court of
competent jurisdiction in Chennai, India, necessary to protect the rights
or the property of You or HipBar (or its agents, suppliers, service
providers and subcontractors). Any arbitration shall be confidential, and
neither of Us shall disclose the existence, content or results of any such
arbitration proceedings, except as may be required by law or for purposes
of enforcing or challenging the arbitration award. In all arbitrations,
each party will bear the expense of its own lawyers and preparation. The
language of Arbitration shall be English.
19. Laws and Disputes Redressal
Subject to Clause 18, You agree that courts in Chennai, India, shall have
exclusive jurisdiction in respect of disputes between us. This Agreement
shall be governed by the laws of India.
20. 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.
21. Assignment
This Agreement, and any rights granted hereunder, may not be transferred or
assigned by You 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.
22. Survival
Upon termination of this Agreement, any provision which, by its nature or
express terms should survive, will survive such termination or expiration
as applied to transfers and relationship prior to such termination or
expiration.
23. Contact Information
You can send in your queries, requests or complaints in the following ways:
A) Online chat: Open the HipBar Application ->Go to the Wallet
Section->Click on Get Help and post a query, We will respond instantly.
B) Email: Write us at [email protected] and submit your queries.
You have the right to register a complaint if you are not satisfied with
any of the following:
· Services provided by HipBar.
· Payment system/ prepaid instrument errors.
· Redemption issues.
· Extension of HipBar-Wallet validity.
· Unhappy with the quality of customer service provided.
· Or any other grievances.
24. SLA
If you are not satisfied with the resolution provided by our level 1
escalation, you can further escalate the concern to higher level as
mentioned in our Customer Grievance policy here .
25. Know Your Customer
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,
HipBar, the Merchant, may be required to procure personal identification
details from you 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 HipBar Wallet. You agree that:
i. The collection, verification, audit and maintenance of correct and
updated customer 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;
ii. We reserve the right to discontinue Services/ reject applications for
HipBar Wallet upgradation at any time if there are discrepancies in
information and/or documentation provided by You; and
iii. Any information provided to Us with the intention of securing HipBar
Wallet 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 HipBar without
prior intimation to You.
26. Communication
You agree to receive certain specific emails from us. You hereby confirm
that as on date of this registration, you do not have any objection to
receiving emails, messages and calls from us and our members. This consent
shall supersede any preferences set by you with or registration done with
the Do Not Disturb (DND Register)/ National Customer Preference Register.
This consent extends to emails, messages or calls relating to your
association with the HipBar Application and/ or HipBar's website under
these Terms.