USE OF PLATFORM AND SERVICES
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation to price, taxes, shipping costs, payment methods, payment terms, date, period, and mode of delivery, warranties related to products and services, and after-sales services related to products and services. Duck Chacha Inc. does not have any kind of control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Duck Chacha Inc. may, however, offer support services to Merchants with respect to order fulfillment, payment collection, call center, and other services, pursuant to independent contracts executed by it with the Merchants. Duck Chacha Inc. is not responsible for any non-performance or breach of any contract entered between Buyers and Merchants on the Platform. Duck Chacha Inc. cannot and does not guarantee that the concerned Buyers and/or Merchants shall perform any transaction concluded on the Platform. Duck Chacha Inc. is not responsible for unsatisfactory services or non-performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered.
Duck Chacha Inc. is operating an e-commerce platform and assumes and operates the role of facilitator and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall Duck Chacha Inc. hold any right, title, or interest over the products, nor shall Duck Chacha Inc. have any obligations or liabilities in respect of such contract entered between Buyer and Merchant. You agree and acknowledge that we shall not be responsible for:
The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability. All Menu & Food Images used on our platforms are only representative and shall/might not match with the actual Menu/Food Ordered, Duck Chacha Inc. shall not be responsible or liable for any discrepancies or variations on this aspect.
Personal Information that you provide
If you want to use our service, you must create an account on our Site. To establish your account, we will ask for personally identifiable information that can be used to contact or identify you, which may include your name, phone number, and e-mail address. We may also collect demographic information about you, such as your zip code, and allow you to submit additional information that will be part of your profile. Other than the basic information that we need to establish your account, it will be up to you to decide how much information to share as part of your profile. We encourage you to think carefully about the information that you share, and we recommend that you guard your identity and your sensitive information. Of course, you can review and revise your profile at any time.
You understand that delivery periods quoted to you at the time of confirming the order are an approximate estimate and may vary. We shall not be responsible for any delay in the delivery of your order due to the delay at the seller/merchant end for order processing or any other unavoidable circumstances.
Your order shall be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of a change of the delivery location shall be at our sole discretion and reserve the right to charge an additional delivery fee if required.
You shall undertake to provide adequate directions, information, and authorizations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding. You understand that our liability ends once your order has been delivered to you.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing of the Services. You shall not use a credit/ debit card, which is not lawfully owned by you, i.e., in any transaction, you must use your own credit/ debit card. The information provided by you shall not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation, or court order. You shall be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
ACTIVITIES PROHIBITED ON THE PLATFORM
The following is a partial list of the kinds of conduct that are illegal or prohibited on the Websites. Duck Chacha Inc. reserves the right to investigate and take appropriate legal action/s against anyone who, in Duck Chacha Inc.'s sole discretion, engages in any of the prohibited activities. Prohibited activities include — but are not limited to — the following:
Duck Chacha Inc. reserves the right but is not obligated to do any or all the following:
Duck Chacha Inc. reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time by posting changes on the Platform. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.
Duck Chacha Inc. reserves the right to offer additional payment methods and/or remove existing payment methods at any time at its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third-party payment service provider(s). With your consent, your credit card/payment information will be stored with our third-party payment service provider(s) for future orders. Duck Chacha Inc. does not store your credit card or payment information. You must ensure that you have sufficient funds on your credit and debit card to fulfill the payment of an Order. Insofar as required, Duck Chacha Inc. takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations, and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.
Duck Chacha Inc. can cancel any order anytime due to the foods/products' unavailability, out of coverage area, and any other unavoidable circumstances.