This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.chotacaptain.com website and ChotaCaptain application for mobile and handheld devices.
These terms of use (the "Terms of Use") and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) govern your use of our website www.chotacaptain.com (the "Website") and our "chotacaptain" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Chotacaptain and you signify your acceptance to this Terms of Use and other chotacaptain policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.
The Platform is owned and operated by Ivnaas Technovations LLP (“Company”), with its registered office at 'SYNO 161/6A SHILPAVENTURE, POTHIREDDY PALLY, Sangareddy, Medak- 502001, Telangana, India (“Company”, "We", "Us", "Our" and terms of similar meaning) is committed to protecting your privacy. This Privacy Policy shall apply to the Users, Delivery Partners, Merchants (as defined in the Terms of Use). For the purposes of this Privacy Policy, the Users, Delivery Partners, Merchants (as defined in the Terms of Use) shall together hereinafter be referred to as “You”, “Your” or “Yourself”.
ChotaCaptain enables transactions on its Platform between participating merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders/") from a variety of products and services listed and offered for sale by merchants including but not limited to the restaurants, eateries and retail outlets ("Merchant/s"), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”).
ChotaCaptain enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners (“PDP/s”) who will be responsible for providing the pick-up and delivery services and completing the Tasks initiated by the users of the Platform i.e., Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as Services. For both Platform Services and Delivery Services, ChotaCaptain is merely acting as an intermediary between the Merchant and the Buyers and/or PDPs and Buyers/Merchants.
You may gain access to the Platform by (i) registering to create an account ("ChotaCaptain Account") and become a member ("Membership"); or(ii) by registering to join by logging into your account with certain third party social networking sites (including, but not limited to, Facebook); each such account, a "Third Party Account", via our Platform, as described below. The Membership is limited for the purpose, and are subject to the ChotaCaptain Policies, and strictly not transferable.
As part of the functionality of the Platform services, you may link your ChotaCaptain Account with Third Party Accounts, by either:
(i) providing your Third Party Account login information to us through the Platform; or
(ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail the Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and ChotaCaptain Policies. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and ChotaCaptain Policies, you shall immediately discontinue its use. ChotaCaptain reserves the right to terminate your Membership and/or deny access to the Platform if it is brought to ChotaCaptain notice that you are under the age of 18 years. You agree to use the Services only in compliance with these Terms of Use and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. You shall be solely responsible for any actions under your ChotaCaptain Account, whether or not authorized by you. You shall immediately notify us of any unauthorized use of your ChotaCaptain Account.
We shall at times and at our sole discretion reserve the right to disable any ChotaCaptain account or user identification code or password in the event you fail to comply with any of the provisions of these Terms of Use.
You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your ChotaCaptain Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other ChotaCaptain policies.
These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other ChotaCaptain policies at any time by posting modified documents on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the same. We may choose to notify you of the same for your perusal. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other ChotaCaptain policies and note the changes made on the Platform. Your continued use of the Platform and the Services after any change is posted, constitutes your acceptance of the amended Terms of Use and other ChotaCaptain policies. As long as you comply with these Terms of Use, ChotaCaptain grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and ChotaCaptain policies (including but not limited to Cancellation & Refund Policy, Privacy Policy) as may be posted on the Platform from time to time.
ChotaCaptain reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL. DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIM YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S/MERCHANT’S/PDP’S SERVICES.
CHOTACAPTAIN DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Hyderabad, India.
In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020 the name and contact details of the Grievance Officer/Nodal Officer is provided below:
Mr. Usha Nagarigari
Reg Office:
'SYNO 161/6A SHILPAVENTURE, POTHIREDDY PALLY, Sangareddy, Medak- 502001, Telangana, India
Email: support@chotacaptain.com
Time: Monday - Friday (9:00 - 18:00)