TERMS AND CONDITIONS
last updated: 16 April 2023

Overview

This document is an electronic record in terms of Information Technology Act, 2000 and rules thereunder as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

Please read these terms and conditions carefully.

General

CHIRI is a mobile first grocery & essentials shopping app. Our goal is simple, To ensure that our customers get their groceries cheaper, fresher and faster, daily. The Buyers can choose and place orders (“Orders”) from a variety of Products listed and offered for sale on the Platform and CHIRI enables delivery of such Orders at select localities where we serve (“Delivery Services”).

Our shopping apps for android and IOS devices and our website are hereinafter collectively referred to as the “platform”. The domain name, www.chiri.in is owned by the CHIRI.

The Platform is operated and owned by CHIRI LABS PRIVATE LIMITED, a company incorporated under the Companies Act, 2013 and having its registered office at D-75, 8th Floor, Infra Futura, Opp. BMC, Kakkanad, Cochin-682021, Kerala, INDIA.

By accessing this Platform, you agree to be bound by the same and acknowledge that it constitutes an agreement between you and CHIRI LABS PRIVATE LIMITED. You agree to be bound by the terms described herein and all terms incorporated by reference. If you do not agree to these terms, do not use the services provided by the platform.

You further agree that by using our platform, you confirm that you have read, understood and accepted these Terms and Conditions. The terms ‘visitor(s)’, ‘user(s)’, ‘you’ hereunder refer to the person visiting, accessing, browsing through and/or using the Platform at any point in time.

Services on the Platform are available to only available in select localities of Kerala, and are subject to restrictions as set out in these terms and conditions and on our platform from time to time.

This document is published in accordance with the provisions of Rule 3 of the Information Technology (Intermediaries Guidelines) Rules, 2011.

If you have any clarifications regarding the Terms of Use, please do not hesitate to contact us at hello@chiri.in.

Amendments

These Terms and Conditions may be updated by CHIRI from time to time without any personal notice. It is recommended that you review the Terms and Conditions, as available on our Platforms each time you access and/or use the Platforms.

Your continued use of our platform after the publication of the updated ‘Terms and Conditions’ shall constitute your consent to the updated Terms and Conditions.

Eligibility

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the platform.

To be eligible for the CHIRI Wallet, you should be competent to enter into a contract i.e. you should have attained the age of majority according to the Indian law. CHIRI Wallet is not targeted towards, nor intended for use by anyone who has not attained the age of majority. Any person under the age of 18, may only use the Wallet and the Platform only under the strict supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. If your age is below 18 years, your parents or legal guardians can transact on behalf of you. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

Specific Terms of Use of our Services

All the Products listed on the Platform will be sold at MRP unless otherwise specified. These prices are subject to change with/without notification to you. You agree to pay for the price which is applicable and levied at the date of delivery.

CHIRI does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Manufacturers, Producers/Vendors. You are advised to independently verify the bona fides of any particular Manufacturers, Producers/Vendors of whose products that you choose to deal with on the Platform and use your best judgment on that behalf.

Certain products like milk and other dairy products, bread, fruits, vegetables, eggs need to be consumed within 1-2 days of delivery or in accordance with the instructions or specifications of the Manufacturers, Producers, Vendors made available on the package, if any. We recommend that you consume the same accordingly as any complaints regarding the quality, deficiency of a particular product will be addressed by the Manufacturers, producers, Vendors considering the follow of instructions or specifications of the Manufacturers, producers, Vendors.

Certain products like milk and other dairy products, bread, fruits, vegetables, eggs need to be stored in the refrigerator at a particular temperature level. We recommend that you store the same accordingly as any complaints regarding the quality, deficiency of a particular product will be addressed by the Manufacturers, Producers, Vendors considering the adherence of storage guidelines by you.

The product images displayed on platform are only for reference purpose. While every reasonable effort is made to maintain accuracy of information on the platform, actual product packaging, product size, weight, MRP and such other product details may contain more and/or different information than what is shown on the platform. It is recommended not to solely rely on the information presented on the platform.

CHIRI neither make any representation or guarantee or warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. CHIRI accepts no liability for any errors or omissions, on behalf of Manufacturers, Producers/Vendors.

CHIRI is only a retailer procuring products from Manufacturers, Producers/Vendors. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, users can notify the same to CHIRI and concerned Manufacturers, Producers/Vendors shall be liable for redressing Buyer complaints. In the event you raise any, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Manufacturers, Producers/Vendors and the specific Order to which the complaint relates, to help you in satisfactory resolution of the complaint.

License & Site access

CHIRI grants you a limited sub-license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

You shall not reproduce, duplicate, copy, sell, or exploit the platform or any part of it including but not limited to any of its offerings and the same shall not be exploited for any commercial purpose. Any unauthorised use terminates these Terms and Conditions or license granted.

You shall not frame or utilize framing techniques to enclose any trademark, copyright, logo, or other proprietary information (including images, text, page layout, or form) of the Platform or of the CHIRI without the express prior written consent of CHIRI. You shall not use any meta tags or any other “hidden text” utilizing the CHIRI’s name or trademarks. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, ‘password mining’ or any other illegitimate means.

Pricing

All the products listed on the Platform will be sold at MRP unless otherwise specified. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis but some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

CHIRI charges a delivery fee over and above the MRP for doorstep delivery of the products available on the Platform. CHIRI reserves the right to increase or decrease the delivery fee without notice to you. CHIRI also reserves the right to add, modify or remove any packing, service, convenience or any other fees over and above the MRP from time to time.

Disclaimers and Limits of Liability

CHIRI makes no representations, warranties or conditions of any kind, express or implied, with respect to the products sold on the Platform and the CHIRI Wallet, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance.

In the event that CHIRI is found liable to you for whatsoever reason, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Chiri Wallet.

CHIRI shall in way be liable for any incidental, indirect or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with Terms and Conditions, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory.

Construction and Severability

These Terms and Conditions and supersede and merge all prior proposals and all or any other prior arrangement/agreements. The Terms and Conditions shall be read in conjunction with the terms of the Privacy Policy. To the extent of any conflict or inconsistency between the Terms and Conditions and any pages referenced in these Terms and Conditions, the terms of these Terms and Conditions will first prevail, followed by the pages referenced in these Terms and Conditions.

Headings herein are for convenience of reference only and shall in no way affect interpretation of these Terms and Conditions. In the event that any provision of these Terms and Conditions shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that these Terms and Conditions shall otherwise remain in full force, effect and shall be enforceable.

Copyright & Trademark

CHIRI, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear or are displayed on the Platform.

Mere access to the Platform or any of the services offered by CHIRI shall not be construed as conferring upon anyone, any Intellectual Property owned by CHIRI or any third party. Copyrights of the Platform are wholly and exclusively owned by CHIRI. You may not copy, store, modify, distribute, store any data available on the website other than for your personal non-commercial use.

The contents and software on this website may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the contents on this website is strictly prohibited.

Reviews, feedback, submissions all reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered in connection with your use of this Platform (collectively, the "Comments") shall be and remain the property of CHIRI. Such disclosure, submission or offer of any comments shall constitute an assignment to CHIRI of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the comments. Thus, CHIRI owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any comments.

Cancellations

‍a. After making an online payment for a particular order, You shall not cancel your order anytime.

b. In the event of an item on your Order being unavailable, we will inform you of such unavailability. In such an event you shall be entitled to a refund.

c. We reserve the sole right to cancel your Order in the following circumstances:

i. in the event of the designated address falls outside the delivery zone offered by us;

ii. failure to contact you by phone or email at the time of confirming the order;

iii. failure to deliver your Order due to lack of information, direction or authorisation from you at the time of delivery;

iv. unavailability of all the items ordered by you at the time of booking;

v. in case the delivery person is not allowed inside your compound, community or society or any other reason beyond control causing movement of the delivery person including but not limited to law and order situation.

Refunds

You shall be entitled to a refund only if you pre-pay for your Order at the time of placing your Order on the Platform and only in the event of any of the following circumstances:

i. your Order packaging has been tampered or damaged or spilled at the time of delivery and you have not accepted the delivery;

ii. us cancelling your Order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the Order booking; or (C) failure to contact you by phone or email at the time of confirming the Order booking; or

iii. you cancelling the Order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.

Decision on Refunds, etc.

All refunds will be credited to Your CHIRI wallet. You can also trigger a request in Your CHIRI wallet to transfer the money from CHIRI back to source. It may take anywhere between 3-21 working days for the money to show in Your bank account depending on your bank’s policy. We encourage You to review the listing before making the purchase decision. In case you ordered a wrong item, you shall not be entitled to any return/refund.

You will not be required to pay for:

wrong item being delivered other than what you had ordered; or

to the extent of value/quantity of the item/s, missing from your Order at the time of delivery/short delivered.

You may return the product in following cases:

wrong item being delivered other than what you had ordered or

item substantially damaged or deteriorated in quality at the time of delivery. You agree that you shall give us all the proofs including but not limited to images of products having issues for us to process your requests.

You may return the product to us at the time of receipt of product. Alternatively, you may return the product by contacting our Customer care for the same. It is hereby clarified that no returns shall be accepted after the packaging of product is opened or product is consumed either in part or otherwise by you.

You may place the request to return the product(s), purchased from us under your order provided the product(s), packs are sealed/unopened/unused and in original condition and on the same day of delivery of products by us. Returns or requests for returns will not be accepted from the day following the day when we had delivered the Product/s to you. We may request you to dispose off the products which you have requested for return which you may do so if you deem fit.

Governing Law and Jurisdiction:

These Terms and Conditions shall be construed in accordance with the applicable laws of India. The appropriate Courts at Kochi shall have exclusive jurisdiction in any proceedings arising out of this agreement.