CuDel Terms & Conditions

1. INTRODUCTION

These described Terms and Conditions are mandatorily applied to those who visit (hereinafter collectively referred to as "visitors" of) the website(s) and application(s), including www.cudel.in, mobile application(s), and online services, collectively the “CuDel Platform", which is a wholly-owned software service by CUDEL DELIGHT SOLUTIONS PRIVATE LIMITED or CDSPL or whose data/information CuDel platform otherwise receives in connection with its services such as contact information of individuals or entities associated in any way with CDSPL (hereinafter collectively referred to as "users").

These users are inclusive of but not limited to the individuals seeking services/products from the different categories CuDel Platform operates in (hereinafter collectively referred to as “customers”) and also all external parties offering such services to these customers through CuDel Platform (hereinafter collectively referred to as "service partners") or their internal/external linked associates (or independent parties) offering products to these customers through CuDel Platform (hereinafter collectively referred to as "product partners") and other internal/external logistics providers offering last mile delivery services of the products sought by customers from product partner location to customer location (hereinafter collectively referred to as “delivery partners”).

CuDel Platform helps service/product partners create their digital shop (hereinafter collectively referred to as “digital shopfront”) that allows them to provide various services/products through their digital shop on CuDel Platform.

It is essential for any of the parties, inclusive but not limited to service partners or product partners or delivery partners or others (hereinafter collectively referred to as "subscribers "), to purchase the access to CuDel Platform to discover the customer leads and effectively provision their services as demanded by customers and accomplish the fulfilment of these services against payment from customers in various categories operated by CuDel Platform.

CuDel Platform is solely intended to serve as an intermediary interaction platform working like a comprehensive service provisioning intermediary between customers (that seek services / products) and subscribers, in the form of service partners (offering such services) or product partners (offering these products) or delivery partners (assisting product partners in delivery of these products to the customer location), and to allow the exchange of useful data/information and financial transaction among its genuine visitors and registered users (customers as well as subscribers: service partners or product partners or delivery partners) who have a bona fide intention of either seeking services through CuDel Platform or offering such services as listed by them on CuDel Platform.

For the purposes of the Terms and Conditions, "you" / "your'' / “they” / “their” / “them” shall mean the person(s) or entity/entities accessing the CuDel Platform. For the purposes of the Terms and Conditions, "we" / "our'' / “us” / “ours” / “ourselves” shall mean the person(s) or entity/entities offering their services to fulfil customer orders on the CuDel Platform.

2. PLATFORM USAGE IN LINE WITH THE INTENDED PURPOSE

Service partners may utilize the CuDel Platform by registering on CuDel Platform, which is designed to allow them to create their digital shopfront. CuDel Platform, which although is designed to act as an intermediary and allow service seeking customers search, find and book services from relevant service partners or product partners (by setting up their digital shopfront on CuDel Platform) directly or through delivery partners under various service/product categories displayed on CuDel Platform, but CuDel Platform intends to enable these transactions without charging any intermediary commission for itself from these service partners / product partners. To elaborate it further, CuDel Platform will allow service partners / product partners to register and open their digital shopfront (in line with mandatory platform guidelines and compliant to its requisite terms of use and privacy policy) and setup service menu (display the list of services offered by them) and their cost prices set and managed exclusively by these service partners / product partners. These service partners / product partners may list charges for their services / products for footfall management on booking of services at their actual physical shops, including but not limited to cases of booking of salon services, or order management at customer’s location (as desired by the customer). CuDel Platform may allow each service partner / product partner to view charges of other service partners / product partners so that these charges are controlled to a reasonable extent by the marketplace.

In addition, CuDel Platform may also allow delivery partners to list their standard per km delivery charges, along with options of separate delivery charges during holidays, increased charge rates during typical surge conditions and late night deliveries as well as option of receiving tip from customers (henceforth referred as “customer tip”) and tip from product partners ((henceforth referred as “partner tip”) during the provisioning of order feedback. CuDel Platform will allow each delivery partner to view such delivery charges of other nearby delivery partners so that these charges are controlled to a reasonable extent by the marketplace. In case the customer order involves the requirement of a delivery partner for fulfilment of such an order, the service partners / product partners may either select an appropriate delivery partner themselves or CuDel Platform may help them select their delivery partner on the basis of a choice of either of the factors, including but not limited to lowest per km delivery charges, best ratings, best order fulfilment rate etc.

In case of ordering of any services at customer residence, the customers may view the total price of such an order as the sum of the price of that service provisioning and price of any additional product used (mentioned clearly in the order preview) in fulfilment of customer order by the service partner. In a scenario of involvement of a delivery partner for any customer order completion, including but not limited to ordering of any product ordered by the customers at their residence, these customers may view the total price of such an order as the sum of the price of that product offered by the product partner and the delivery charge of the delivery partner.

Customers, seeking and searching for any of these services, will be able to view list of all service partners / product partners where sought service has an appropriate match against all service partners / product partners and opt for their choice of service partners / product partners based on multiple criteria, including but limited to booking slot availability of service partners / product partners, location (distance between customer and respective service partner / product partner as calculated by GPS location tracking mechanism), rating of service partners / product partners, feedback of previous customers for that service taken of those service partners / product partners, acknowledgement / confirmation by provisioning of provisioning the service (sought by customer) etc. These customers can either make payment on CuDel Platform through its payment gateway to book the service / product provisioning or make payment through or outside of CuDel Platform (even by cash) after completion of service / product provisioning.

In case customers intend to avail provisioning of services / products through the CuDel Platform, they shall be required to make payments to the service partners / product partners and/or delivery partners of CuDel Platform for the amount indicated at the time of booking as well as amounts towards (a) any additional services / products availed by them, (b) out of pocket expenses incurred by the Service Professional, and (c) expenses arising out of the purchase of goods required or utilized for the performance of such service/product (henceforth referred to as “charges”). In addition to the charges payable to and split among the service partners / product partners and/or delivery partners, CuDel Platform reserves the right to charge the customers an additional charge to ensure the visit of the service partner to the customer location (just to inspect and confirm the issue raised in the order) even if the customer disagrees to complete the order booking and transferring of payments to this service partner through CuDel Platform and opt to resolve this issue outside of this order booking (henceforth referred to as “visit fee”). Customers acknowledge making payment for the visit fee to the service partners in all instances, if the service partner reaches customer location, regardless of whether the fact (a) the service partner is/is not able to diagnose the issue of the particular order booking (b) or customer is/is not satisfied by the details of the issue and resolution process explained by the service provider for the particular order booking. CuDel Platform may also charge customers additional sum related to either additional mandatory components utilized to ensure safety while provisioning their services (henceforth referred to as “safety fee”), opting of extended warranty period by customers beyond the regular period guarantee / warranty offered by the services / products (henceforth referred to as “warranty fee”), additional optional annual fee agreed by customers to opt for regular maintenance of the services / products for the next calendar year (henceforth referred to as “AMC fee”) or an additional optional fee agreed by the customer to pay to the service partner / product partner for the excellence achieved in order booking completion (henceforth referred to as “service / product partner excellence fee”).

Customers may also elect to cancel their order request for services / products from a service partner / product partner at any time prior to order fulfilment in any case, including but not limited to either prior to the arrival of such service partner / product partner or prior to customer reaching the physical shop of the service partner. In such cases, customers may be charged an additional amount (henceforth referred to as ‘Cancellation fee’) in accordance with the cancellation policy of CuDel Platform. CuDel Platform exclusively reserves the right to charge the customers, or otherwise deduct applicable taxes in respect of such cancellation fee.

Customers also acknowledge that the final invoice they receive after completion of order booking may comprise of payments including visit fee, charges and/or ‘additional charges’, including without limitation, a safety fee, warranty fee, AMC fee, or service / product partner excellence fee, or cancellation fee in case the customer has revoked the order request.

CuDel Platform shall make best efforts to notify its customers of the applicable payments for their ordered services / products, their payment type (prior to availing the service / receiving the product or post availing the service / receiving the product) and all relevant payment methods at the time of booking. CDSPL cannot guarantee the finalization of charges as the complete knowledge of all type of payments prior to order fulfilment may not be possible for CuDel Platform, in cases where customers either get charged for an additional amount by service partners / product partners either for usage of additional components during order fulfilment, or customers themselves agree to make additional payment (in the form of warranty fee, AMC fee etc.) to avail additional advantages / offers from service partners / product partners.

Generally, customers may make payments for CuDel Platform services / products before or after fulfilment of order either through credit cards, debit cards, net banking, wallets, UPI, or even through cash upon fulfilment of the order. Generally, CuDel Platform will display all applicable payment methods made available for the provisioning of the services / products by the service partners / product partners. Customers acknowledge that certain payment methods such as cash upon completion may not always be available to them as a payment method. CDSPL will reserve the right to modify and otherwise restrict the modes of payment available to the customers. For the avoidance of doubt, in the event customers make payments through the method of ‘cash upon completion’, they acknowledge that they will be required to pay both Charges and Fees to the Service Professional.

CuDel Platform will either transfer the total payment amount of the transaction made by the customer for seeking the sought service to the service partner / product partner without deducting any CuDel commission charges and thus, allow service partners / product partners to manage and receive their service / product prices without any deduction in the form of CuDel commission amount, or CuDel Platform will effectively split the total payment amount of the transaction made by the customer for seeking the sought service amongst the service partner / product partner and their involved delivery partner without deducting any CuDel commission charges and thus, allow service partners / product partners and the delivery partners to manage and receive their service / product prices without any deduction in the form of CuDel commission amount.

After any order completion, delivery partners can receive additional customer tip and/or partner tip, if desired by the respective parties. Any of these tip payments, happening through CuDel Platform, will be added to the invoice and fully credited in the bank account of the delivery partner by CuDel Platform. CDSPL cannot be held liable in case of any mistakes or miscalculations in any payment (including tip payments) and also does not take ownership for any transaction related issues (late or no disbursement) arising through CuDel Platform or any external payment or financial institutions.

CuDel Platform does not designate any portion of customer payment (involved in order fulfilment) as a tip or gratuity to the service partner / product partner / delivery partner. Any representation by CuDel Platform to the effect that tipping is “voluntary”, “not required”, and/or “included” in the payments customers pay to service partners / product partners / delivery partners or service partners / product partners pay to delivery partners is not intended to suggest that CuDel Platform provides any additional payments to such service partners / product partners / delivery partners. Users understand and agree that while customers are free to provide additional payment as a gratuity to any service partner / product partner / delivery partner who provides them such services / products, or product partners are free to provide additional payment as a gratuity to any delivery partner who completes their order fulfilment, none of the parties are under any obligation to do so as any such gratuities are purely optional from all source parties.

However, these service partners / product partners must agree to bear a reasonable and minimum platform cost on behalf of all parties (customers, service partners / product partners and delivery partners) for accessing and using CuDel Platform, including but not limited to appropriate charges (hereinafter collectively referred to as "Subscription Charge") for:

1. mobile & email verification of all parties (customers, service partners, product partners and delivery partners)
2. appropriate background verification of all parties
3. appropriate documentation checks mandatory for authentication of customers and delivery partners (if needed) as well as businesses of service partners / product partners to comply with the all contemporary rules, regulations, guidelines, Government requirements
4. appropriate platform joining fee
5. Appropriate platform joining fee
6. Appropriate periodic KYC
7. Appropriate bank account verification fee
8. Payment Gateway usage (whenever applicable)
9. Security fee for Guarantee / Warranty fulfilment & customer dissatisfaction refund
10. Security fee for service partner training (whenever applicable)
11. Minimal additional fee utilized to manage running of overall CuDel Platform, including but not limited to App launch fee, platform hosting and database server usage, GPS tracking mechanism, financial and other mandatory business continuity charges, interactions with all parties through external contact platforms etc.
12. Additional optional platform engagement charges for promotion of entire shopfront or marketing and shopfront promotion
13. Additional optional charges to offer subscription discounts and lower differentiated service / product rates
14. Additional optional customer re-engagement
15. Any miscellaneous fee (for additional external paid services / modules used by CuDel Platform) to adhere to mandatory legal obligations or provide a better experience to visitors/users

CDSPL shall make all efforts to minimize its subscription charges and bring transparency in disclosing details of all payment transfers and splits among all involved parties for each transaction during provisioning of every service / product in line with all applicable tax regulations and legal obligations. CDSPL reserves sole responsibility to levy such charges on these service partners / product partners and also holds sole rights to add, modify, change or remove certain charges from time to time without any obligation to inform such charge incurring parties through any notifications or communication in any format. CDSPL will not be responsible in any way for any errors or mistakes in invoices shared with or payments received from any party involved or not involved in provisioning of service / product during any potential or actual transaction.

The guarantee / warranty for the service / product will be managed by CuDel Platform in line with the guarantee / warranty offered by the manufacturers or in agreement with the offering service partners / product partners, who are obligated to cover such guarantee / warranty in case in case a valid complaint is received from the customer. Any case of provisioning of any services or products, whether in or out of guarantee / warranty period, CDSPL does not guarantee the completion of fulfilment of such services or product, directly or through delivery, in any circumstance. CDSPL also does not hold any responsibility for any breach of guarantee / warranty of the services / products provided by the service partners / product partners on CuDel Platform through unintentional or intentional or technical or any other means.

All services (paid or unpaid) offered through CuDel Platform are exclusively meant for its visitors/users. The platform offers public access to all visitors/users and CDSPL does not hold any liability or responsibility for the quality and genuineness of responses. CDSPL cannot monitor the responses received by any of the visitors/users to their actions taken on the CuDel Platform and the liability for the authenticity of background checks on the bona fide nature of all response(s) rests on them and not on CDSPL.

Any unauthorized activity, including but not limited to access or copying or misusing or downloading or recreating or sharing passwords or sub licensing or transmitting or crawling any platform information (including data or images or graphics or code script) or sharing with external stakeholders in any manner not in accordance with these terms will be considered a clear misuse of the platform or service or product and CDSPL reserves its rights to take such action that we deem fit in such manner to protect its loss of revenue or reputation or taking immediate necessary actions starting from stopping all service or access provided on CuDel Platform to claiming monetary compensation deemed fit directly or after reporting to relevant authorities and subsequently through legal channel.

3. USER OBLIGATIONS, VERIFICATIONS AND PERMISSIONS

The visitors/users are obligated to provide authentic information while creating a profile or all other interactions and must undertake all measures to keep the information up to date on the platform. It must be of unambiguous agreement that any insertion of data/information being fed in the systems of CDSPL by the visitors/users is correct, complete and updated in all respect at the time of upload without any element of false, distorted, manipulated, fraudulent or misleading facts or averments that hinder or compromise working of CuDel Platform in any way. CDSPL will not be responsible in any way and expressly disclaims any liability arising out of the said upload/insertion of any data or information, including service/product offerings or otherwise into CuDel Platform. It is also the sole responsibility of the visitors/users to further research the sanctity of information available on the CuDel Platform before using it for their further consumption as CDSPL will not be held liable in case of any inaccuracy of information in any scenario. CDSPL also does not guarantee the confidentiality and authenticity of any information either provided to it by any person/entity or displayed on the platform. CDSPL also does not hold any responsibility for any breach of privacy or of the information provided by the visitors/users on the platform by technical or any other means on the platform. Personally identifiable data and other important information of all visitors/users is not shared with outside entities without obtaining permission except with authorities during an ongoing official investigation or legal process and those acting as CDSPL agents.

The visitors/users must undertake to access and use CuDel Platform on their own risk for their own purposes. However, content utilization from CuDel Platform for derivative works with any commercial intent without prior valid written consent from CDSPL is strictly prohibited. The visitors/users undertake not to duplicate, modify and distribute as well as download and publish material on CuDel Platform unless officially authorized in a written manner by CDSPL on the same. Any attempt made by the visitors/users to utilize the services offered by CuDel Platform in a manner so as to impair the business interests or functioning of CDSPL in any manner shall be dealt in the manner deemed fit by CDSPL, which includes immediately terminating the services of the users without any prior notice/information to them, contacting and informing relevant government authorities about the issue and/or taking appropriate legal action against these visitors/users in the business interests of CDSPL.

The visitors/users must provide the permission to CuDel Platform to use all their entered data and information of their actions that they have taken on the platform with respect to platform usage, advertisements, offers and other paid or unpaid content displayed on the CuDel Platform. CuDel Platform holds complete rights to use all data/information about all visitors/users to make relevant suggestions and recommendations to them and others on the CuDel Platform. The visitors/users should access all in-platform or third-party links of websites provided by CuDel Platform at their own risk as all such links are meant only for usage convenience and should not be considered as an endorsement of the flow or content under any circumstances.

The visitors/users must undertake not to utilize the services offered by CuDel Platform to upload, post, transmit or otherwise share/send either directly or indirectly, any unsolicited SMS, social media post, regular or bulk or unsolicited commercial email. CDSPL reserves complete right to monitor, filter and block all such communication sent through CuDel Platform server or request external entities from stopping to post such communication through CuDel Platform. The visitors/users unconditionally undertake not to utilize the services of CuDel Platform for uploading/transmitting content which is illegal or objectionable in any manner. The visitors/users also must undertake to abide by international best practices to limit and eliminate spam in all forms. The visitors/users must undertake not to upload, post, transmit, publish or distribute any material or information that may potentially be perceived as being grossly harmful, harassing, hateful, invasive of another's privacy, disparaging, relating to money laundering or unlawful, or which may potentially be perceived as being vulgar, obscene, harmful, abusive, threatening, harassing, defamatory, libelous/blasphemous, or objectionable from religious, racial, ethnical, or other perspectives in any manner whatsoever. Further, the visitors/users must agree to indemnify CDSPL for all losses and legal implications incurred by CDSPL due to any false, fraudulent, manipulated, defamatory, distorted, vulgar, obscene, libelous or misleading facts or otherwise objectionable averments made by anyone on CuDel Platform.

The visitors/users must undertake not to spam CuDel Platform maintained by CDSPL or engage in any kind of indiscriminate and repeated service search / service/product posting / mail forwarding activity and others that, intentionally or unintentionally, interferes with the integrity of CuDel Platform the business of CDSPL in any way. Any malicious conduct by the visitors/users in violation of this clause shall entitle CDSPL to terminate all its services offered to the visitors/users with immediate effect without any prior notice and to forfeit any monetary payment of any amount made by the visitors/users or loyalty points without any monetary or service refunds.

The visitors/users must undertake responsibility of being solely responsible for maintaining the confidentiality of their system identity on CuDel Platform, including but not limited to their login details, password and other user identification parameters. The visitors/users must also solely hold responsibility for all activities including user interactions and transmission through their user identification and shall be solely responsible for carrying out any online or offline financial transaction through UPI or debit cards / credit cards or wallets or through cash or other such forms of financial instruments (on or outside CuDel Platform) or documents for making such transactions. CDSPL assumes no responsibility or liability for the improper use of information by the visitors/users relating to such usage of any (online / off-line) financial transactions through any form.

All visitors/users of CuDel Platform do hereby specifically agree to, at all times, adhering to and comply with the all rules, regulations, guidelines and requirements of the Information Technology Act, 2000 or other such regulations and all their amendments, bye laws, announcements and notifications made thereunder, while assessing or posting any service/product offerings or insertion of any data/information into CuDel Platform. Further, the visitors/users of CuDel Platform must unequivocally declare to indemnify CDSPL for all their violations to any rules, regulations, guidelines and provisions of the Information Technology Act, 2000 or other such regulations and/or their amendments, byelaws and notifications made thereunder made by them on CuDel Platform and that the visitors/users shall be solely responsible for all their acts, deeds and things and that they alone shall be liable for civil and criminal liability there under or under any other law for the time being in force.

The visitors/users will solely be responsible for obtaining, at their own cost, all licenses, permits, consents, approvals and intellectual property or other rights as may be required by them for using any service offered on CuDel Platform.

The visitors/users must warrant and undertake that their usage of CuDel Platform shall never be done with the intention to:

1. Access the CuDel Platform from any other interface except through the same expressly provided officially by the CuDel Platform
2. Attempt to illegitimately access or breach platform security or any type of authentication measures of CuDel Platform without proper written authorization from CDSPL
3. Access CuDel Platform in any unauthorized manner or to gain control of data/information whether or not for any illicit or illegal purpose
4. Infringe or violate, intentionally or unintentionally, any law or ordinance of the established local, state, national or international rules / regulations established by governing agencies or legal entities
5. Intervene, hamper or interfere with CuDel Platform or its interconnected network directly or through any device, software or routine with an intention to disrupt or help someone to disrupt the normal usage of CuDel Platform with the intention to stalk, harass or threaten any other user or entity linked or not linked to CuDel Platform
6. Attempt to execute a disproportionately large or unreasonable load on CuDel Platform infrastructure directly, through multiple repeat activities or bots that results in system overload or leads to repeated spamming or indiscriminate posting content or forwarding mail that may be considered spam etc.
7. Imitate or replicate the existence of any other user or entity or misrepresent your association with any other person or entity in order to cheat or derive any economic or non-commercial benefit or harming the reputation of others out of that false identity
8. Use CuDel Platform in a manner so as to get unauthorized access or control of the profile or access of other visitors/users that goes against the sanctity of the platform, interests of CDSPL or for illicit, unlawful or prohibited activities as per rules and regulations of authorities
9. Manipulate identifier parameters by forging headers or any other counterfeit measures with an intent to corrupt the data/information of an actual user / entity or disguise its origin to hinder scrutiny or investigation
10. Access, copy, reproduce, store, amend, sell, distribute or exploit the material, data/information, intellectual property or any other related component, including, but not limited to the material of CuDel Platform for commercial or non-commercial purposes
11. Access or interact with CuDel Platform without written permission to extract any data/information with the purpose of using it to train any machine learning or AI enabled models
12. Get involved, directly or indirectly, in the act of deciphering, decompiling, disassembling, reverse engineering or otherwise attempting to illicitly derive the source code of the any part of CuDel Platform or its modules or any related technology
13. Attempt to test, probe or scan any part of system or network vulnerabilities or utilize any manual or automated means to crawl and/or scrape content from CuDel Platform
14. Reverse the circumvention of the crawling or content scraping methods if CuDel Platform utilizes, through any technological means, any measures to exclude the same through exclusion of Robots or other such means
15. Extracting any data/information from CuDel Platform through any manual/automated process such as spiders, crawlers (whether it causes business harm or not) without prior valid written permission from CDSPL
16. Involve in mirroring, framing or in any way simulating the appearance, function or working of whole or part of CuDel Platform
17. Generate or inserting deep links into CuDel Platform without prior written permission
18. Reassign, sublicense, or transfer the license to any other user or external visitor to help them get illicit access to features or services of CuDel Platform

The visitors/users must also undertake that the shall never access or use CuDel Platform with any intention to get involved posting, uploading, hosting, modifying, publishing, transmitting or distributing any material or data/information:

1. That threatens the unity, integrity, sovereignty, defence or security of India or its friendly relations with foreign states, or any public order or causes incitement to the commission of any cognisable offence or is insulting any other nation or in any way misleads or prevents investigation of any offence
2. Without all required rights and licenses or that authoritatively and exclusively belongs to any person or external entity
3. That may harm any other person (adult or minor) in any way
4. That contains harmful files or programs, malicious software, computer virus or other code or script that is inserted with the intention to disrupt or interfere with the functioning of CuDel Platform or its interconnected systems
5. Which breaches, contravenes, violates, or otherwise infringes in any way the intellectual property or rights, including any patent, trademark, copyright, rights of privacy or publicity or any other proprietary right of CDSPL or any third party (visitors/users or otherwise)
6. Which includes or incites any conduct that constitutes a criminal offence, violate applicable laws or otherwise give rise to other liability
7. That misleads, misinforms or deceives the addressee about the origin of any such messages or communicates any information which is wrongly factual, menacing or grossly offensive in nature

The visitors/users must undertake not to infringe on any intellectual property rights of any person/entity or retain/download any data/information from CuDel Platform or otherwise with an intention to do so.

The visitors/users acknowledge and agree that CDSPL, through CuDel Platform, at its sole discretion and without prejudice to other rights and remedies that it may have under the applicable laws, shall be entitled to set off the amount payable or paid by the visitors/users/subscribers/customers against any amount(s) payable by the visitors/users/subscribers/customers to CDSPL under any other disclaimer or agreement or commercial association towards other products or services.

4. DECLARATION BY CDSPL AND CUDEL PLATFORM

Despite its best efforts, CDSPL neither warrants that CuDel Platform or any affiliate site(s) or network system linked to it, is free of any operational errors, inaccuracies or faults nor does it warrant that it will be free of any virus, in the form of a trojan, worm, computer contaminant or other harmful piece of code or component modules. The subscription on CuDel Platform shall be subject to Quotas as deemed applicable by CDSPL business framework. The mobile and email details provided by the visitors/users as part of their contact details are expected to be genuine and in working condition and access to such email accounts will be made available only to authorised personnel. CuDel Platform uses an automated algorithm to match services searched by visitors/users against the keywords/attributes of the profile submitted by the visitors/users in their digital shopfront, and thus offers no guarantee nor warranty that the services and recommendations will be relevant to the customer search.

CuDel Platform shall assign password(s) to the users to enable them to utilize the platform services and access all the information received through this platform. However, the users shall undertake sole responsibility of keeping their password(s) in their safe custody and CDSPL shall not be in any way responsible for data loss/theft/corruption or any wrong data usage/misuse of the password(s) and any damage or information leakage and its consequential usage by any of the users/customers/subscribers or third party entities. CDSPL pledges to undertake all reasonable precautions at its end to ensure no leakage/misuse of the password(s) granted to the users.

CDSPL shall neither be held liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information relating to the user's account or regarding online transactions through any financial mechanism, including but not limited to UPI, debit cards/credit cards, online/net banking, wallets or any other method of financial transaction (in and out of CuDel Platform) and / or their verification process and concerning particulars nor for any omission or inaccuracy, error or misrepresentation of any data/information so disclosed and used whether or not in pursuance of a legal process or otherwise.

CDSPL holds exclusive rights to exclude itself from being party to any legal proceedings between the visitors/users and any external/internal party contracted through or outside of CuDel Platform. In case CDSPL is implicated in any legal proceedings, all compensation or costs will be recovered from the party that names CDSPL into any legal or non-legal proceeding. However, CDSPL undertakes to abide by any court order served on it through due process. CDSPL controls and operates CuDel Platform from its headquarters in Noida, Uttar Pradesh, India and makes no representation that the data/information/materials on CuDel Platform are appropriate or available for use in any other location. If CuDel Platform is used from other locations, the visitors/users are solely responsible for adhering to the regulations of and compliance with applicable local, regional, national and international laws, including but not limited to the export and import regulations of other countries.

CDSPL assumes no responsibility for any communication through SMS, email or any other medium of communication that includes spam or virus which includes a link to CuDel Platform or to any other site maintained, operated directly or through ownership by CDSPL for the visitors/users to click through the world wide web/Internet.

All the services offered by the websites and platforms maintained, operated directly or through ownership by CDSPL do not extend to acting as an agent, either express or implied, on behalf of any of its visitors/users.

CuDel Platform has no agents and does not operate through any agents save for those registered as service partners, product partners or delivery partners and specifically mentioned on with CuDel Platform. However, the visitors/users must undertake to verify the authenticity of such agents before getting into any kind of commercial or non-commercial association with these entities.

The visitors/users represent that they are not a minor and are not under any legal or other disability which limits their ability to comply with these Terms or to access and use the services subscribed and purchased with minimal risk of harm to them or others. They further represent that they are not purchasing the products/services for resale to any third party (user/entity) and will not do so without prior valid written consent from CDSPL. All data/information modifications or changes made by the visitors/users on the CuDel Platform shall be effected and will come into operation only after 24-48 hours of such changes / modifications being made.

The visitors/users of CuDel Platform undertake not to claim any copyright, trade mark or any other intellectual property rights over any data/information included that is uploaded by them on CuDel Platform. Any collateral that is displayed on CuDel Platform shall be prepared as per the instructions received from the visitors/users and CDSPL shall not be responsible for the misappropriation of the trademark or copyright or other intellectual property rights sought to be passed off as that of the visitors/users.

5. DISCLOSURE REGARDING PAYMENTS

Payments for all services offered on CuDel Platform shall be on a 100% advance basis. CDSPL will commence providing such paid services, including but not limited to subscription charges, only upon receipt of amount/charges upfront either from subscribers/customers or from a third party on behalf of the subscribers/customers. This subscription is not transferable and is only for the same person throughout the period of subscription who has subscribed for it. Any chargebacks, refunds or related financial offers will be at the sole discretion of CDSPL, who holds exclusive rights to manage such financial decisions at all points of time.

CDSPL holds no responsibility and shall not be held liable in any way for the loss of any data or for any glitch in insertion of data/information in the form of an identification or any particulars provided by the visitors/users (including customers and /or service partners/product partners/delivery partners) for any reasons, technical or otherwise, that are beyond the reasonable control of CDSPL, including but not limited to any case of data corruption / tampering by unauthorized persons like hackers, distributed denial of service attacks, virus attacks or delay or failure to perform as a result of any Government policies, riots, strikes, civil unrest or cases of war and natural calamities etc.

CDSPL neither offer any guarantee whatsoever for any accuracy or timeliness of the refunds reaching the bank account/card of its customers nor gives any service guarantee of server uptime or working of applications on CuDel Platform as all arrangements are on a best effort basis only to limit the liability to either compensating by extending existing timeframe of services or extending the product offering in the same service timeframe or through refund of amount, depending on the final jurisdiction of CDSPL on case basis. CDSPL does not undertake any responsibility for any free services on the CuDel Platform. CDSPL reserves its right to alter or amend or change any or all disclaimers or terms of agreement at any point of time without any prior notice to the visitors/users. All disclaimers or terms, whether specifically mentioned or not, shall deem to be included in case any reference is made to them.

Unless otherwise clearly stated and notwithstanding anything contained in any other disclaimer or arrangement or agreement, called by whatever name, the performance obligation of CDSPL is to offer access of CuDel Platform to the visitors/users only for the duration of the usage/subscription period & reference to any usage or any other performance obligation, by whatever name called, is to offer the upper limit for consumption, which by itself, does not in any way create any additional performance obligation upon CDSPL.

Any subscription fee paid entitles the subscribers/customers alone to the service by CuDel Platform for a period of subscription opted for from the date of subscription. The payment for any service once subscribed to by the subscribers/customers is non-refundable and any amount paid shall stand appropriated. No reversal of deducted charges shall be allowed under any circumstances. In case any necessary input parameters required by CuDel Platform for commencing any of these services are not received within 7 days of the payment, such payment orders shall stand cancelled without any refunds to the subscribers/customers.

The usage/subscription or agreement between CDSPL and the visitors/users (including customers and /or service partners / product partners / delivery partners) is neither a "non-poach agreement" nor can the same be used or termed as any substitute to "non-poach agreement" in as much as CuDel Platform is a public portal and all information posted on CuDel Platform goes to the public domain except data/information that is specifically assigned a non-public or private character depending on the type of data.

Any agreement for a usage/subscription entered into by CDSPL does not confer exclusivity of service on any of the visitors/users (including customers and /or service partners / product partners / delivery partners).

The agreement between the visitors/users (including customers and /or service partners / product partners / delivery partners) and CDSPL will be treated as having been terminated in the following events:

1. On the successful completion of the term for which the visitors/users utilize the services offered on CuDel Platform; or
2. In case the visitors/users disagree with or violate any of the conditions of this agreement or any other agreement entered into by him with CDSPL, however, such termination will be at the exclusive option and discretion of CDSPL; or
3. On writing and on such terms as agreed to by all the parties mutually.

The visitors/users (including customers and /or service partners / product partners / delivery partners) must respond to the queries raised (sent by SMS/email) by CuDel Platform within 7 days of such a query being raised failing which, CDSPL shall stand absolved of all its obligation, if any. The liability, if any, of CDSPL is limited to the extent of the amount paid by the visitors/users/subscribers/customers at the time of purchase of subscription.

The visitors/users availing this service shall be deemed to have consented to be bound by all the applicable terms and conditions of the service offered by CuDel Platform and that decision of CDSPL regarding all service transactions under this service shall be final and binding and no correspondence shall be entertained in this regard. CDSPL reserves the right to extend, cancel, discontinue, prematurely withdraw, change, alter or modify this service or any part thereof including charges, at its sole discretion at any time as may be required in view of business exigencies and/or regulatory or statutory changes. The visitors/users can inquire about or stop their service through email by providing relevant details on contact@cudel.in before the due date.

CDSPL further reserves exclusive rights to post the data/information on the CuDel Platform or on other affiliated websites, platforms or publications at an extra cost or without a charge to the visitors/users (including customers and /or service partners / product partners / delivery partners) as may deem fit and proper on use case basis. Additionally, the content and graphics of service / product postings of the service partners / product partners / delivery partners is also made a part of the proprietary database of CuDel Platform through this service that can be accessed only by valid registered users of CuDel Platform. The visitors/users of CuDel Platform shall not claim any copyright or other intellectual property rights over the data transferred/uploaded by them on CuDel Platform.

CUDEL DELIGHT SOLUTIONS PRIVATE LIMITED or CDSPL are used interchangeably and are synonymous.

The Terms and conditions mentioned and explained above regulate the usage of CuDel Platform. The visitors/users using or accessing CuDel Platform in violation of the stipulations contained in the Terms and Conditions of CuDel Platform shall render themselves liable to appropriate action as deemed fit by CDSPL and in a court of law both civil and criminal.

BY ACCEPTING THESE TERMS AND CONDITIONS, YOU AGREE TO INDEMNIFY AND OTHERWISE HOLD HARMLESS CDSPL, ITS DIRECTORS, OFFICERS, EMPLOYERS, AGENTS, SUBSIDIARIES, AFFILIATES AND OTHER PARTNERS FROM ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF, RELATING TO, OR RESULTING FROM YOUR USE OF THE SERVICES OBTAINED THROUGH CUDEL PLATFORM SERVICES INCLUDING BUT NOT LIMITED TO INFORMATION PROVIDED BY YOU OR ANY OTHER MATTER RELATING TO CUDEL PLATFORM. ANY REFERENCE TO DUTIES AND TAXES ETC IN THESE TERMS OF USE SHALL INCLUDE GOODS AND SERVICES TAX (HEREIN REFERRED AS GST) FROM THE DATE GST LAW IS IMPLEMENTED IN INDIA. ANY ADDITIONAL TAX LIABILITY ARISING ON ACCOUNT OF INTRODUCTION OF GST (WHETHER ON ACCOUNT OF INCREASE IN RATE OR ANY CHANGE BROUGHT IN BY THE NEW TAX REGIME) WOULD BE RECOVERED OVER AND ABOVE THE AGREED CONTRACT PRICE / SERVICE FEE.

In case of any dispute arising between any of the visitors/users and CDSPL arising out of use of CuDel Platform or thereafter, in connection with the validity, interpretation, implementation or alleged breach of any provision of these Terms and Conditions, the dispute shall be referred to a sole arbitrator who shall be an independent and neutral third party identified solely by CDSPL. All decision of the arbitrator shall be final and binding on both the parties to the dispute. The place of arbitration shall be New Delhi, India. The Arbitration & Conciliation Act, 1996 as amended, shall govern the arbitration proceedings.

The exclusive forum for any disputes arising out of or relating to these Terms of Use shall be a court of law located in New Delhi, India. These Terms and Conditions shall be governed by the laws of the Republic of India.

The visitors/users of CuDel Platform are subject to the Privacy Policy available through this link.

In case of any act of non-compliance of these Terms and Conditions or Privacy Policy, CDSPL may take down any offending information that might have been uploaded by any of its visitors/users, immediately terminate usage rights and/or initiate legal proceedings against suitable parties as deem fit by CDSPL on case basis.

5. SERVICE PARTNERS / PRODUCT PARTNERS / DELIVERY PARTNERS

Additional Terms applicable to service partners / product partners / delivery partners The service partners / product partners / delivery partners shall undertake to unconditionally allow CDSPL to advertise all their service/product postings on CuDel Platform and that the services sought to be advertised on the sections of CuDel Platform are in existence, genuine and they have the authority to advertise the said service/product postings.

The service partners / product partners / delivery partners must give a valid written undertaking to CDSPL that there will be no additional fee charged by them (besides those mentioned in CuDel Platform Terms of use) from any person/entity (as a valid customer) who responds by ordering to such service/product postings advertised on CuDel Platform without a prior written permission from CDSPL.

All information intimated by the service partners / product partners / delivery partners and displayed by CDSPL on CuDel Platform becomes public knowledge and CDSPL may, at its sole discretion, include the service/product postings intimated by the service partners / product partners / delivery partners for display on CuDel Platform and any other media including but not limited to the print media, social media and other communication channels at an extra cost to the service partners / product partners / delivery partners as deemed fit by CDSPL and CDSPL cannot be held liable for usage/publicity of such information. CDSPL reserves its right to modify the appearance, look and feel, design, prominence, priority, depiction, classification of the services / products on CuDel Platform at any time without assigning any reason and without giving any notice to the service partners / product partners / delivery partners.

CDSPL will commence provisioning of services / products on CuDel Platform only upon receipt of 100% of amount/charges upfront either from the service partners / product partners / delivery partners or from a third party on behalf of the service partners / product partners / delivery partners.

The subscription of services offered on CuDel Platform is neither re-saleable nor transferable by the subscriber to any other person, corporate body, firm or individual. Usage from third party premises/networks is not permitted without a valid prior written permission from CDSPL. Only one person acting as an entity or one office of one corporate entity / firm will be entitled to utilize the service offerings on CuDel Platform and other offices of the same company/ associated companies shall have to pay additional subscription charges for the service in case they wish to use the said service. All disputes arising out of the transactions between the visitors/users (including customers and /or service partners/product partners/delivery partners) and CDSPL shall be resolved in accordance with the applicable terms and conditions and in accordance with the laws of India as applicable.

On successful registration, the service partners / product partners / delivery partners understand and unconditionally agree:

1. To make their profile available for display on CuDel Platform in the public domain.
2. That they have prior requisite authority to upload the service / product offerings that are posted through their profile on CuDel Platform.
3. That when they post a service / product offering on CuDel Platform or a communication is triggered through any medium (call/SMS/email/post or otherwise) to customers after order booking through CuDel Platform, a snapshot of their public profile on CuDel Platform as service partners / product partners may automatically get inserted into that posting/communication/SMS/email (be it existing or new service / product posting on CuDel Platform).

While accessing any portion of CuDel Platform, service partners / product partners / delivery partners shall:

1. Be entitled to posting only those number of service / product offerings during the period of subscription as may be agreed upon.
2. Comply with all contemporary data protection laws applicable to them with respect to the processing of personal data/information.
3. Not process or allow others to process personal data/information in an unlawful manner and in any way outside of the agreed purposes as defined in these terms and conditions and the privacy policy.
4. Execute all adequate organizational and technical measures to control and protect the shared personal data/information obtained from CuDel Platform against unauthorized or unlawful processing and against damage, destruction, alteration, accidental loss or unintended disclosure.
5. Take complete onus and responsibility of any misuse of personal data/information or details accessed through their account on CuDel Platform.
6. Allow and extend access to subscribed services only to authorized personnel or those bound by valid employment and/or confidentiality agreements.
7. Offer reasonable and requisite assistance to facilitate the handling and effective control of any Data Security Breach as relevant under applicable privacy laws with efficiency and compliance.
8. Acknowledge that the responsibility for adhering to a data subject / data principal request rests with the party that holds/processes the personal data/information collected/shared on CuDel Platform or outside.
9. Warrant and undertake that the institution shall not disclose or transfer personal data/information obtained from CuDel Platform to any sub-processors without ensuring adequate audit trails and equivalent safeguards in line with contemporary industry standards and relevant Government guidelines.
10. Shall process, retain or store shared personal data/information only till required by the system and no longer than is essential to carry out the agreed commitments.
11. Act as an independent Data Controller pertaining to the shared personal data/information collected from CuDel Platform and unconditionally agree to take sole responsibility for its secure use at all times.
12. Maintain control over the account/devices that are utilized to access CuDel Platform and take appropriate measures to disallow any unauthorized access to your account.
13. Not reveal the confidential credentials associated with their account including but not limited to login password and other data/information communicated by CuDel Platform to any third party (individual/entity).
14. Unconditionally allow CuDel Platform to obtain all critical data/information from their device including but not limited to device location, IMEI, MSISDN and other technical details to ensure safety to access your account when their device is being used to access CuDel Platform.
15. Permit CuDel Platform and authorize CDSPL to hold exclusive right to place restrictions on their account, which may extend to disabling access or even permanently close their account and terminate their services without any prior notice or even proceed with necessary legal proceedings against them in case any suspicious activity is noted in their account that interferes with the operations or goes against the business interests of CDSPL.
16. Undertake sole responsibility to check, verify and authenticate all data/information/response received at their own expense and not hold CDSPL liable for any data/information received by them.
17. Authorize CDSPL to monitor, disable or even remove data/information relating to service / product postings and otherwise uploaded on CuDel Platform or other mirror or parallel site(s) or in allied publications as CDSPL may deem fit and proper but such additional web hosting shall be available at an extra payment, depending on the subscription details finalized from time to time by CDSPL.
18. Allow CDSPL rights to reject any insertion or data/information without assigning any reason either before or after posting the service / product details, but in such an eventuality, handling of full, partial (on pro-rata basis) or no refunds at all for the subscription so paid for, shall be handled at the sole discretion of CDSPL on case basis.
19. Allow CDSPL rights to exclusively manage online order fulfilment and in such an eventuality, handling of full, partial (on pro-rata basis) or no refunds at all for the order fulfilment so paid for by the customer, shall be managed at the sole discretion of CDSPL on case basis.
20. Confirm that they have obtained all requisite licenses/permits as are necessary for posting/uploading a service/product offering or related to any customer order fulfilment on CuDel Platform and to indemnify CDSPL against all claims, damages and litigations arising out of actions/claims that may be made in relation to the same.
21. Not upload, post, publish, transmit, or distribute multiple profiles by the same service partners / product partners / delivery partners using the same or different accounts as this shall entitle CDSPL to immediately terminate their profiles without any prior notice to them.

5. ANTI SPAM POLICY

The use and access to CuDel Platform database is subject to this policy. The services offered by CuDel Platform to the visitors/users are aimed at providing recruitment solutions and should be restricted to contacting suitable candidates through different communication channels for genuine service/product offerings in existence.

Divergent emailing practices including but not limited to transmission of marketing and promotional emails, offensive communication, messages with misleading subject lines in order to intentionally exaggerate or obfuscate the original message, are strictly prohibited. CDSPL reserves the right to remove such messages or communication from CuDel Platform and immediately terminate services, without prior notice, to the originator and transmitter(s) of such Spam. No refund, in any case, shall be admissible or entertained under such circumstances.

The following depicts an illustrative but not exhaustive list of the kinds of messages which can be classified as spam and for which CDSPL is liable to take action against the originator and transmitter(s):

1. Unsolicited Bulk Messages.
2. Unsolicited Commercial Communications.
3. Disturbing Voice Calls/SMS to mobile numbers registered on the National Consumer Preference Register, formerly the National Do Not Call Registry (NDNC).
4. Non service / product related SMS/emails.
5. Messages with misleading subject lines or communication.
6. Blank Messages.
7. Extra ordinary High Number of SMS/emails.
8. Any communication soliciting payments or monetary risks.
9. Misleading/Fraudulent SMS/emails.

All visitors/users unconditionally agree to indemnify and hold harmless CDSPL from any damages or claims arising out of transmission of spam or usage of spam communication from any account on CuDel Platform or otherwise. All visitors/users are advised to keep modifying their login passwords frequently in order to minimize the possibility of misuse of their accounts on CuDel Platform.

Note: The terms in this agreement may be modified by CDSPL at any time without any prior notice or information. CDSPL is free to offer its services to any client/prospective client without restriction.