PLEASE READ THE TERMS OF USE AND LEGAL NOTICE BELOW BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

AGREEMENT WITH THE CUSTOMER

WELCOME TO KIRANACITY. This Customer Agreement (the "Agreement") is an agreement between you and M/s Affabilite Services Pvt. Ltd. or its affiliates ("KiranaCity") that sets forth the terms and conditions under which you may use our website (the "Site") (the Site and Applications will be collectively referred to as the "Platform") and receive the KiranaCity service which includes the processing and delivery (or arrangement for delivery) of product orders (the "KiranaCity Service"). Your use of the KiranaCity Service and the Platform constitutes your agreement with the terms and conditions set forth below. If you do not accept all the terms and conditions, do not use the Platform or the KiranaCity Service.

KIRANACITY SATISFACTION GUARANTEE

All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, please contact us by email at service@KiranaCity.com or log in to your account and send us a message from the 'Contact Us' section of the Platform. For groceries or perishables, you have up to seven (7) days after delivery or the expiration date printed on the product (whichever comes first) to contact us about the products. For frozen products, you have up to twenty-one (21) days after delivery to contact us about the products.

1. KIRANACITY SERVICE - HANDLING YOUR ORDERS

1.1. HOW TO PLACE AN ORDER THROUGH THE PLATFORM - Orders must be received before the published closing time for a given delivery (see Product Delivery below for more details). The available delivery date and time limits and related delivery charges and promotions will be displayed during the order process. Delivery times are available on a first-come, first-served basis. Please note that modified orders are subject to price changes and a change in delivery date cannot guarantee the availability of the item you want.

You can cancel orders through the "Your Account" section of the Platform or by contacting our Customer Service at service@KiranaCity.com. See the "Contact Us" section of the Platform for Customer Service hours.

1.2. PRICE, AVAILABILITY AND REPLACEMENTS - KiranaCity strives to provide you with good prices compared to the competition near your delivery address, and certain items may be priced differently depending on your last delivery address or the address you choose before placing items in the cart. We provides fresh products daily to ensure the highest quality. Due to the perishable nature of some of our products, certain products may not be available due to market conditions that are beyond our control or quality that is below our standards.

If we have an item that is very similar to the item you ordered, we reserve the right to replace the item. If you are not satisfied with the replacement, please email us at services@KiranaCity.com.

If we are unable to fulfill your entire order, the items you ordered, or the appropriate replacements, we will use our best efforts to contact you prior to delivery (which may include a notice in your confirmation email).

Once you complete payment, your price or price per Kg/Lts/pcs (where applicable) is guaranteed unless you have requested an item for which we have incorrectly assigned an incorrect price. In such circumstances, we reserve the right to cancel undelivered orders for such products at the wrong price; we will contact you immediately in such a situation and of course your payment method will not be charged. We will use our best efforts to contact you prior to delivery (which may include a notice in your confirmation email).

Please note: We reserve the right to limit your order or the quantity of a particular product you may order.

1.3. DELIVERY CHARGE - Your order may incur a delivery charge. Said charge does not constitute a tip for the delivery personnel who take the product to you nor does it have to do with the delivery of your order and it will not be destined to the delivery personnel as a tip.

1.4. TIP - If you wish to deliver a tip, please specify the amount of the tip on the KiranaCity Platform at the time of payment. The tip will appear detailed in the order confirmation and will be included in your total amount. The total amount of the tip, less the processing fee charged by the Payment Gateway processor, will be paid to the delivery personnel who have participated, as determined by our policies, in the actual delivery of your order. Another option is to provide a cash tip upon delivery of your order.

1.5. VARIABLE WEIGHT ORDERS - Because many perishable items are made especially for you, the price per item you see in your shopping cart for variable weight items depends on an estimated weight. The final price of these variable weight items will depend on the same price per Kg/lts/pcs that was stated at checkout, but the actual price charged will be determined once your order has been prepared and weighed, and that actual price will appear on the invoice issued on the day of delivery.

1.6. MINIMUM PURCHASE - Your order may be subject to a minimum purchase order total, excluding taxes, delivery charges and surcharges.

1.7. CANCELLATIONS - Cancellation of orders after the mandatory closing time will result in a restocking fee equal to the sum of (a) 100% of the total amount of your perishable items (since many of your perishable items are specially prepared/procured for you) plus ( b) 25% of the total amount of your non-perishable items.

2. KIRANACITY SERVICE - PAYMENT

2.1. PAYMENT WITH CREDIT / DEBIT CARD/ E-WALLETS/CASH – KiranaCity offers you multiple payment methods. Whatever your online mode of payment, you can rest assured that KiranaCity's trusted payment gateway partners use secure encryption technology to keep your transaction details confidential at all times.

You may use Internet Banking, Gift Card, Cash on Delivery and Wallet to make your purchase. KiranaCity also accepts payments made using Visa, MasterCard, Maestro and American Express credit/debit cards in India. If you are not comfortable making an online payment on KiranaCity, you can opt for the Cash on Delivery (C-o-D) payment method instead. With C-o-D you can pay in cash at the time of actual delivery of the product at your doorstep, without requiring you to make any advance payment online.

The maximum order value for a Cash on Delivery (C-o-D) payment is ₹10,000. It is strictly a cash-only payment method and only Indian Rupees accepted.

2.2. CARD/ E-Wallet AUTHORIZATION - To request an order, you must have a Credit card or Debit card ("Card")/E-wallet registered with KiranaCity. You can edit or update your Card information in the "Your Account" section on the Platform. KiranaCity does not accept paper checks or coupons from third parties or manufacturers (electronic or paper) through the Platform; however, certain discounts may be available on the Platform from time to time.

2.3. PAYMENT BY PRIME ACCOUNT – Prime Account is for our esteemed customers who Purchased goods of Value more than Rs 5000/- every month from this platform. We extend credit facility for such customers upto Rs 2000/- with authentication of KiranaCity Premium Shopkeepers. To be eligible to pay your order from a Prime account: (1) you must have received, paid and settled at least one previous order; (2) there must be a valid Card identified in your Customer Account and (3) your KiranaCity customer account must be Prime. KiranaCity does not accept paper checks.

Your Prime account payment must be processed on monthly basis on the 5th day of succeeding month. KiranaCity will not process orders that use an incorrect or overdrawn Prime account. We will use our best efforts to contact you if this happens. However, in the event that such order is processed, KiranaCity reserves the right to collect funds for uncollected or owed transactions. KiranaCity will automatically attempt to process Prime account payments twice. If the first request is rejected, KiranaCity may charge a Rs 100.00/- per order fee to cover the cost of exception processing. If the second request is rejected, KiranaCity will charge a Rs 500.00/- bad check fee.

If you do not pay the charges or fees when they expire or if a return or restocking fee is imposed, KiranaCity may collect such amount directly from the Card identified in your customer Account and may suspend or terminate your access to the KiranaCity Service . You will be responsible for and accept the obligations of the charges, including attorney's fees and collection costs, that KiranaCity may incur in trying to collect unpaid balances from you. Your right to use the KiranaCity Service is subject to the limits established by KiranaCity and / or your bank. KiranaCity reserves the right to remove the online check payment option from any account for any reason, at any time.

3. KIRANACITY SERVICE - DELIVERY

3.1. PRODUCT DELIVERY - In order to meet promised delivery times to all of our customers, our delivery staff cannot wait for you to review the delivered items. To maintain the integrity of the products after delivery, we recommend that you place perishables in the refrigerator or freezer immediately. Frozen items should be placed in the freezer immediately.

3.2. DELIVERY REQUIREMENTS - To receive the delivery, you must live in a residential apartment or house and you or an authorized representative must be present to receive the order from our delivery staff during the selected delivery period. The authorized representative can accept your goods when you are not present at the time you have selected for delivery and will accept the goods under the same terms and conditions that would apply if you accepted the delivery. It is definitely presumed that any person present at the delivery address receiving the delivery is authorized to receive it. If you, your authorized representative are not present during the selected delivery period, We will use our best commercial efforts to contact you and reschedule delivery (a Rs 100/- return charge may apply) for the same day. In such event, if we are unable to reorder the order for any reason, the order will be canceled and you will be charged a cancellation fee as described above.

3.3. SCHEDULED PICKUP - In certain areas, KiranaCity may offer SCHEDULED PICKUP. If available in your area, this option is found in the "Delivery" section of "Your Account" on our Platform. If you select the SCHEDULED PICKUP option, you, and not KiranaCity, are solely responsible for ensuring that the products are received by you in time slot scheduled for you.

3.4. DELIVERY LIMITS AND ADJUSTMENTS - KiranaCity delivers a number of boxes of a variety of different goods, including but not limited to laundry and beverage detergents. Given the significant weight of some of these products and our concern for the health and safety of our staff, we have purchase limits on a variety of these items on our Platform. In addition, for the health and safety of our staff, in buildings without a lift, the highest floor we can deliver to is the 3rd floor and with orders containing 3 or more boxes or Maximum 10 Kg of weight, we do not deliver orders on floors higher than 3. In the event that an elevator does not work, the above delivery restrictions apply. Our technology cannot and does not enforce these limits.

3.5. BILLS - You will receive an invoice by email on the day of delivery. All invoices for your order are available in the "Your Account" section of our Platform. If anything is missing from your order, please contact our customer service department via our customer inquiry email form. For partial/full cancelled order we will issue Credit Note to you, which can be used for purchase good of equivalent value. For re-purchased items Debit Note will be generated.

3.6. INCLEMENT WEATHER AND UNFORESEEN COMPLICATIONS IN DELIVERY - In the event of inclement weather or unforeseen delivery complications, it may be necessary to make adjustments to our delivery schedule, which will cause us to suspend the chosen delivery dates and times. If there is a significant delay in the delivery of your order, a customer service representative may call or email you to inform you of the status of your delivery time. We will try to deliver your order as soon as possible when conditions allow. We will never deliver an order after 20:00 hrs without your consent. If your designated delivery location cannot be accessed (for example, closed street) or the day does not allow it, which does not allow us to make the delivery,

3.7. TIPS - KiranaCity delivery staff is allowed to accept tips. Customers are not required to tip delivery staff but have the option to do so if the delivery staff provides exceptional service.

4. ACCESS TO THE KIRANACITY SERVICE

4.1. IDENTIFICATION NUMBERS AND PASSWORDS - Access to the Platform is achieved by creating an account through the use of a Mobile number, username and password that you choose after registration. You are solely responsible for authorized or unauthorized access to your account by another person. You agree to be fully responsible for the confidentiality of your username password and for all uses or charges generated from using the KiranaCity Service with your password. You agree to notify KiranaCity promptly of any unauthorized use of your password and will be responsible for any use of the Platform or the KiranaCity Service until you notify KiranaCity.

4.2. YOUR ACCOUNT - You are responsible for and agree to promptly pay all charges to your account, including applicable taxes and purchases made by you or by anyone you allow to use your account to access the KiranaCity Service. You agree and accept responsibility for keeping all of your account information up to date, including address, payment information, telephone number, email address, and authorized representative for your order. You can update your information in the "Your Account" area on our Platform or contact our Customer Service department. Do not send your Card information or other payment information by email. You agree that you will not provide fraudulent information and that you are solely responsible for all information you provide to KiranaCity, and you accept responsibility for all activities that take place under your account or password. You will comply with all the laws corresponding to your activity on the Platform and with this Agreement.

4.3. CORRECTIONS - If you wish to update or correct information that you have previously provided to us, please send an email with your new information to service@KiranaCity.com or you can update your account information yourself by going to "Your Account" on the Platform . Do not send your credit/debit card information or other payment information by email.

4.4. PRIVACY POLICY - Please review our Privacy Policy, which also governs your visit to the Platform and your use of the KiranaCity Service, to understand our practices.

5. LEGAL NOTICE ABOUT THE GUARANTEE; LIABILITY LIMITATION; COMPENSATION

5.1. YOU EXPRESSLY AGREE THAT YOUR USE OF THE KIRANACITY SERVICE, THE PLATFORM AND THE INTERNET IS AT YOUR SOLE RISK. THE KIRANACITY SERVICE, THE PLATFORM AND ITS CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WITHIN THE LIMITS PERMITTED BY APPLICABLE LAW, KIRANACITY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WHICH INCLUDES, TOGETHER, AVAILABLE TO YOU, ANY OTHERWISE, AND PROVIDED BY ANY PARTY, OTHERWISE, OR FORWARD ANY OTHERWISE, WHATSOEVER; FROM KIRANACITY, THE PLATFORM OR ITS CONTENT OR WITH RESPECT TO ANY INFORMATION, SERVICES AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE KIRANACITY SERVICE; KIRANACITY DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OF SUCH INFORMATION, SERVICE OR PRODUCTS. KIRANACITY MAKES NO WARRANTIES OR WARRANTIES IN ANY WAY ABOUT THE AVAILABILITY, RELIABILITY, CORRECTION, ACCURACY, CONTENT OR OTHER THINGS OF THE INFORMATION, SERVICES OR PRODUCTS OBTAINED THROUGH THE KIRANACITY PLATFORM OR SERVICES. KIRANACITY DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE PLATFORM WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS PLATFORM OR THE SERVER IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

5.2. NEITHER AFFABILITE SERVICES PVT. LTD. NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, JOINT COMPANIES, INDEPENDENT CONTRACTORS, TRADERS, OR LICENSORS (NECESSARY COLLECTIVELY “PARTICIPANTS”) DAMAGES OF ANY KIND, WHICH INCLUDE, AMONG OTHERS, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME OR PROFIT; OR LOSS OR DAMAGE TO THE PROPERTY, WHICH ARISES FROM OR IS RELATED TO THE USE OR THE NON-USE, THE PLATFORM, THE KIRANACITY SERVICE OR THE INTERNET. KIRANACITY'S LIABILITY WILL BE LIMITED TO PROVIDING A REFUND FOR THE RETURNED PRODUCT. YOUR SOLE AND EXCLUSIVE LEGAL REMEDY HEREIN WILL BE TO DISCONTINUE YOUR USE OF THE KIRANACITY SERVICE AND CANCEL THIS AGREEMENT. KIRANACITY RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY REQUEST IN ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL DAMAGES OR IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS, LIABILITY IS LIMITED TO THE GREATEST EXTENT POTENTIAL.

5.3. THE MATERIAL THAT APPEARS ON THE PLATFORM IS FOR LEGAL PURPOSES ONLY - KiranaCity manages this Platform for use in specific jurisdictions where it provides its Services and does not represent that these materials are suitable or available for use in other locations. If you use the Platform from other locations, you are responsible for compliance with applicable local laws. Pricing and availability information is subject to change without notice and may vary by geographic region.

5.4. You agree to defend, indemnify, and hold KiranaCity Parties harmless against any lawsuits, actions, legal or administrative proceedings, claims, lawsuits, damages, liabilities, settlements, and expenses, including attorney's fees, accountants' fees and any costs arising in connection with, resulting from, or presumed to result from, your use of the Platform or Content, or violation of this Agreement by you or through the use of your account.

5.5. Notwithstanding the foregoing, any party may initiate individual legal action in a small claims court for disputes or claims within the scope of that court's jurisdiction. This arbitration agreement does not prevent you from raising issues with state, or local agencies. Such agencies may, if permitted by law, seek judicial redress against us on your behalf.

8. GENERAL TERMS

8.1. TERMINATION - This Agreement remains in force after its acceptance as stipulated herein and will continue in full force and effect until terminated. KiranaCity may suspend or terminate this Agreement or the KiranaCity Service or remove or disable access to any part of the KiranaCity Service at any time for any reason with or without notice to you. You may terminate this Agreement and your KiranaCity Service at any time for any reason by providing notice in the manner set forth below, the termination of which will be effective on the day the notice is received or the later date specified in the notice. KiranaCity reserves the right to collect charges and fees incurred before you cancel the KiranaCity Service.

8.2. NOTIFICATIONS - KiranaCity may give you notice of any changes or other communication related to this Agreement through a general posting on the Platform, by email or by conventional mail to your address contained in the "Your Account" section of the Platform. You can notify KiranaCity by email (as specified in the "Help» section of the Platform) or by conventional mail to: services@kiranacity.com

8.3. AGREEMENT INTEGRITY - This Customer Agreement, the Platform Terms of Use and the Privacy Policy referenced herein represent your integrity of the agreement with KiranaCity regarding the use of the Service and the Platform. You agree that this Agreement is not intended to confer or confer any right or remedy on anyone other than you, KiranaCity and the Parties to KiranaCity. If any part of this Agreement is deemed invalid or unenforceable, that part will be construed in accordance with applicable law as much as possible to reflect the original intent of the parties and the remainder of this Agreement will remain in full force and effect. The failure of either party to insist on strict compliance with any provision of this Agreement shall not be construed as a waiver of a provision or right. This Agreement shall be governed by the laws of the country without regard to its conflict of laws rules. You expressly agree that the exclusive jurisdiction for any claim or dispute with KiranaCity or related, in any way, with your use of the Service or the Platform resides in the courts of India and, in addition, you give consent and accept the Delhi court jurisdiction personnel in relation to any dispute, including any claim involving the Parties to KiranaCity.

8.4. THIRD PARTY BENEFICIARIES - The provisions of this Agreement benefit KiranaCity Parties and each Party has the right to affirm and enforce the provisions directly on their behalf. This Agreement and all obligations and restrictions regarding you or your users permitted by this Agreement will continue in effect after the termination of this Agreement and your KiranaCity Service.

8.5. AMENDMENTS - KiranaCity may amend this Agreement at any time by posting the amended terms on our Platform. All amended terms will automatically take effect for orders placed after publication and seven days after they are initially posted on our Platform for orders that have already been placed. By using this Platform after the effective date of any amendment, you agree to be bound by all revisions, and therefore will periodically visit this page to determine what is the current Agreement at that time that it should be governed by.

8.6. COMMUNICATIONS - Kiranacity representative will be making calls and sending SMS through third-party platform to our customers and shopkeeper partners.

ADDITIONAL TERMS FOR KIRANACITY CORPORATE SERVICES CLIENTS ONLY

This section applies to Customers of KiranaCity Corporate services only; If any term in this section is not consistent with the previous terms, the terms of this section will apply as far as Corporate Services Clients are concerned. All other terms of the Client Agreement shown above apply to Clients of Corporate Services.

9. KiranaCity Corporate Service

9.1. HOW TO PLACE AN ORDER THROUGH THE PLATFORM - Deliveries are available on most working days; check the Delivery Information page for exact delivery dates. Orders must be received before the published closing time for a given delivery. The available delivery date and time limits and related delivery charges and promotions will be displayed during the order process. You can modify an existing order (including adding or removing items, changing the delivery time or date, and canceling your order) through the Platform (in the "Your Account» section) until published closing time for that delivery. You can cancel orders through the "Your Account" section [Your Account] of the Platform or if you contact our Corporate Services Department through our Customer Inquiry email form during the published hours. See the "Help" section of the Platform for Customer Service hours. However, modified orders are subject to price changes and a change in delivery date cannot guarantee the availability of the item you want. Cancellation of orders after the mandatory closing time will result in a restocking fee that is equal to the fees described in the Agreement with the primary customer. See the "Help" section of the Platform for Customer Service hours. However, modified orders are subject to price changes and a change in delivery date cannot guarantee the availability of the item you want. Cancellation of orders after the mandatory closing time will result in a restocking fee that is equal to the fees described in the Agreement with the primary customer. See the "Help" section of the Platform for Customer Service hours. However, modified orders are subject to price changes and a change in delivery date cannot guarantee the availability of the item you want. Cancellation of orders after the mandatory closing time will result in a restocking fee that is equal to the fees described in the Agreement with the primary customer.

9.2. DELIVERY REQUIREMENTS - To receive delivery, your requested delivery destination must be a commercial building where KiranaCity is permitted to deliver and you or an authorized representative must be present to receive your order from our delivery staff during the selected delivery time. KiranaCity reserves the right to limit deliveries to main entrance of your commercial building. The authorized representative can accept your goods when you are not present at the time you have selected for delivery and will accept the goods under the same terms and conditions that would apply if you accepted the delivery. It is definitely presumed that any person present at the delivery address receiving the delivery is authorized to receive it. If you and the authorized representative are not present during your selected delivery time, we will use our best commercial efforts to contact you and reschedule delivery for that day. In such event, if we are unable to reorder the order for any reason, the order will be canceled and a restocking fee will be charged as described above.

10. ACCESS TO THE KIRANACITY SERVICE

Identification numbers and passwords. Access to the KiranaCity Service is accomplished through the use of a mobile number, username and password that will be granted to you after enrollment. If you are a customer of Corporate Services, before completing your enrollment, KiranaCity may ask you to verify your address for delivery. You are solely responsible for authorized or unauthorized access to your account by another person. You agree to be fully responsible for the confidentiality of the password and for all uses or charges generated from the use of the KiranaCity Service with your password.

THIS AGREEMENT WAS LAST REVISED ON APRIL 01, 2020.