This document is an electronic record in terms of the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.dhihyperlocal.com website and “Dhihyperlocal” application for mobile and handheld devices.

Terms of Use

• Preamble: These terms of use (the "Terms of Use") govern your use of our website www.dhihyperlocal.com (the "Website") and our "dhihyperlocal” application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". Please read these Terms of Use carefully before you use the Services. If you do not agree to these Terms of Use, you may not use the Services (as defined below) on the Platform, and we request you to uninstall the App. For the purpose of these Terms of Use, wherever the context so requires, "you" or “user(s)” shall mean any person (natural or legal) who shall access, browse or transact on the Platform. The terms "Company", "we", "us" or "our" shall mean Maas ERP Solutions Private Limited.

• Consent: By installing, downloading, accessing, registering, browsing or using the Platform for any general purpose or specific purpose, you acknowledge that you are entering into a legally binding contract with the Company and you signify your acceptance to this Terms of Use and other policies of the Company (including the privacy policy) as posted on the Platform and amended from time to time. You represent and warrant that you are of legal age and are not prohibited by law from accessing or using the Services (as defined below).

• Services: Dhi Hyperlocal Private Limited, a private limited company, incorporated under the provisions of the Companies Act, 2013 having its registered office at Module No. B1 & B2, Quadrant No. 2, 6th floor, Cyber Towers, Madhapur, Hyderabad, Telangana - 500081, India, owns and operates the Platform to inter alia (a) facilitate opening of a digital store and sale and purchase of goods and services between the merchants (“Merchant(s)”) and their respective end customers (“Customer(s)”) digitally through the Store, (b) provide invoice generation and related services to offline stores onboarded by the Company through the Platform; (c) enable customers to make reservations with Merchants or other service providers, onboarded by the Company, through the Platform (“Reservation(s)”) and provide ancillary services in relation to the same; (d) technological services (in the form of record keeping, tallying and settlement) for Merchants or vendors who are desirous of providing any benefit plans for their employees; and (e) provide services ancillary and complementary to the foregoing services (“Services”). Any transaction placed by Customer(s) on the Platform shall be referred to as an “Order(s)”. The Company facilitates completion of Orders at the currently serviceable cities in India by onboarding third party service providers, including logistics services, payment facilitation, tech support, etc. (“Support Services”). With respect to Services and Support Services, the Company clarifies that the actual product/ service will be provided by the Merchants and/or the providers of Support Services and the Company is merely facilitating the Order.

• Additional Fee: There may be an additional fee applicable for the Support Services, of which the Merchants and Customers shall be informed at the time of listing a Service or placing an Order (as the case may be).

• Amendments: These Terms of Use are subject to amendments and restatements and we reserve the right to amend or replace these Terms of Use and other policies at any time by uploading such amended or restated documents on the Platform and notifying of the same. You agree and acknowledge that your continued use of the Platform signifies your acceptance of and consent to such updated or modified terms and it is your responsibility to read and understand the revised terms of use and policies.

• Provision of Services:

  1. The Merchants and the Customers agree and acknowledge that the commercial terms and conditions of the sale and purchase of the Services shall be agreed between the Merchants and Customers. The Company does not control or determine the contractual terms of the sale and purchase between the Customers and Merchants.
  2. Similarly, upon placing and acceptance of an Order, any Support Services availed of by the Merchants or Customers shall be the responsibility of the relevant service provider and not of the Company. Specifically, the Company shall not be responsible for such Support Services. Further, the Merchants may be required to enter into agreements with the service providers for such Support Services and their relationship shall be as governed by such agreements.
  3. The information regarding the Services (including price) shall have been provided by the Merchants and the Company shall not be liable for such information being untrue, inaccurate or incomplete.
  4. The Company does not own, sell, resell or provide the Services offered by the Merchants. The prices for the Services as reflected on the Platform are determined solely by the Merchant.
  5. The Company does not make any representation or warranty regarding the Services offered by Merchants, including title, availability, merchantability, usability, etc.), which shall solely be the responsibility of the Merchant. The Company shall, in no manner, be liable for any claims in relation to the Services offered. The Company also does not directly or indirectly endorse or recommend the sale and purchase of any Services on the Platform.
  6. The Company does not make any representation or warranty regarding the Support Services and shall not be liable in any manner to either the Merchants or the Customers in relation to the same. Specifically, the delivery period provided on the Platform at the time of placing the Order is an approximate estimate and the actual delivery may vary. The Company will not be responsible for any delays.
  7. In its role, the Company is not involved in directly providing services or selling the products, and also never comes in contact with or possession of the products sold by the Merchants. Accordingly, the Company shall not be liable for non-delivery of Services. The title to the Services is directly passed from the Merchants to the Customers.
  8. Once the Order is placed, you will receive an email or notification summarizing the Order details. The Company or its agents or employees may call the Customers on their contact number and/or email ID provided on the Platform for any queries regarding the Order or to provide any information or update to the Customer regarding the Order.
  9. The Services will be provided and delivery will be undertaken only during the working hours of the Merchants.
  10. The Order will only be delivered to the address provided by the Customer on the Platform at the time of placing the Order. The Customer may be contacted by the Support Service providers as well in relation to queries on directions or other authorisations to accept delivery. If the Order is not fulfilled due to reasons attributable to the Customer, the Order shall be deemed to have been fulfilled.
  11. The tax invoice for the Orders will be issued by the Merchant to the Customer. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant.
  12. In case the Customers have any concerns/ complaints regarding non-delivery, incorrect delivery, quality, etc. relating to the Services, the Customer shall raise the same with the relevant Merchant and it shall be the responsibility of the Merchant to resolve the same. The Company may provide an interface to facilitate the conversation between the Merchant and Customer.
  13. The Company does not endorse any Merchant.

• Merchant/ Customer Data:

  1. The users shall not upload, display, download, publish, transmit or share any information which (a) belongs to another person; or (b) is grossly harmful, blasphemous, defamatory, obscene, pornographic, libelous, hateful, or in breach of any applicable law; or (c) is inaccurate or amounts to misrepresentation; or (d) promotes illegal activities; or (e) infringes any third party’s rights; or (f) exceeds the scope of authorized access to the Platform; or (g) engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform; or (h) solicits gambling or engages in any gambling activity which is or could be construed as being illegal; or (i) refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; or (j) harms minors; or (k) infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products; or (l) impersonates another person; or (m) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information; or (n) creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers
  2. You shall not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform.
  3. 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 any other illegitimate means.
  4. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name Dhihyperlocal, or otherwise engage in any conduct or action that might tarnish the image or reputation, of Dhihyperlocal or otherwise tarnish or dilute any Dhihyperlocal’s trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or the Company’s systems or networks, or any systems or networks connected to the Company.
  5. You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. You shall not engage in any transaction in and of an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  6. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
  7. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  8. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. The Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you remain solely responsible for the content of the materials you post on the Platform and in your private messages. Such content posted does not necessarily reflect the Company’s views. In no event shall the Company assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libelous, tortious, or otherwise unlawful information.
  9. It is possible that other users may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.

• Registration on the Platform

  1. You may access the Services offered by the Merchants through the Platform by creating an account directly on the Platform or through your accounts created with third party sites (“Account”). If you create an Account through third party sites, you hereby agree (a) to provide your login information with such third party site to the Company or allow us to access your account maintained with third party site, subject to terms and conditions of such third party site; and (b) to permit us to store and access your information (which may include sensitive personal data or information and personally identifiable information) linked to such account to make such information available through the Account with the Platform. If the third party site ceases to make such information accessible to us, then your Account shall be deemed to be deleted unless you create a new Account directly or through another third party site.
  2. You shall not share your password to the Account with any person and shall be solely responsible for all activities undertaken through your Account. The Company shall not be responsible for any breach occurring as a result of the same.
  3. You hereby represent that all information provided by you on the Platform shall be true, accurate and complete and also undertake to update such information, if required.
  4. The Account shall not be transferable.
  5. We have the right to delete your Account (a) if any information provided by you is untrue, inaccurate or incomplete; or (b) if you are in breach of this Terms of Use or any other policy or agreement between us.

• Payment

  1. All payments made against the Orders shall be in Indian Rupees. You may pay through any of the means made available to you on the Platform which may include, credit card, debit card, net banking, UPI, cash on delivery. You understand, agree and acknowledge that the Company is not providing any payment or financial service and such service is being provided by third party payment service provider and that the Company is not a payment gateway or payment aggregator.
  2. The Customer undertakes to provide accurate and complete information regarding payment details. The Customers shall not provide details of any card or make payment through any mode which he/she is not legally authorized to use. The Customer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
  3. In order to continually improve and provide you with a seamless experience and to ensure maintenance of our Platform, the Company may, charge you a non-refundable amount as technical services fees ("Platform Fees”).
  4. The Company may collect the amounts from the Customers in its own account pursuant to the agreement signed with Merchant, which shall be settled with Merchant or any other service provider in value chain as per applicable laws and RBI guidelines/directions. Further, in the event where the Customers opt for cash on delivery model, the logistics partner may collect cash from the Customers and to that extent, the Customers acknowledge and agree that the logistics partners acts as the Merchant's payment agent for the limited purpose of accepting payments from Customers on behalf of the Merchant. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Orders made using the Platform other the payment services available under the Platform.
  5. The Customer will be required to provide certain financial information for the purpose of invoicing, such as, name, billing address, bank account information, debit or credit card numbers, UPI details, either to us and/or to a third party payment processor. The Customer agrees to pay for the Orders only through the payment modes provided on the Platform and authorizes the collection of such amounts by charging the card or through the payment method chosen by you.
  6. If the payment is processed through a third party payment processor, the Customer agrees and accepts that the terms of use and policies of such payment processor may become applicable to the Customer. You are required to review such terms and policies prior to making such payment.

• Reservation Services

  1. One of the Services provided by the Company through the Platform is to allow the users to avail reservation services by Merchants onboarded by the Company on the Platform and assisting the users in making payments through third party payment processors and from time to time, availing discounts, offers or benefits with such Merchants (“Reservation Services”).
  2. The Reservation Services can be availed by the users at the time of making reservation with the Merchants and/or at the time of making payment to the Merchants, in each case, through the Platform.
  3. The Reservation Services shall be available to the users only if the user makes the reservation with the Merchants through the Platform. The user shall make the payment to the Merchants only through the Platform. The user shall also be liable to pay any additional charges and/or applicable taxes that may be levied by the Merchants. The Merchants may require you to share proof of such payment and you agree to provide such proof of payment to the Merchants.
  4. The Company and/or the Merchants may impose a limit on the number of times a user may avail of Reservation Services. Further, there may be additional terms and conditions applicable to the offers and benefits with respect to the Reservation Services, which will be communicated to the user at the time of availing the offer (including conditions such that multiple offers cannot be used together, etc.).
  5. The users will be required to share certain personal information with the Company and/ or the Merchants including but not limited to their name, phone number, email address in order to avail the Reservation Services. The user permits the Company to share such information with the Merchants for the purpose of providing the Reservation Services. The Company and/or the Merchants may communicate with you through electronic medium, including email, text message or push notification or by making phone calls.
  6. The Company may discontinue the Reservation Services at any point and may exclude certain Merchants from the list, at its discretion. The Reservation Services cannot be exchanged for cash, and can only be availed for the purposes and at the list of the Merchants onboarded by the Company from time to time.
  7. The Company does not guarantee and is not responsible for the performance or quality of the services provided by the Merchants (including their personnel or third party at their premises), which are the sole responsibility and are to be provided and/or otherwise performed by the Merchants. The Company may also terminate your use of the Reservation Services and/or your Account upon your committing of fraud or breach of these Terms of Use or in case of breach of any payment obligations to the Merchants through the Platform.
  8. Notwithstanding anything otherwise set out herein, the Company shall in no manner be liable in any way for any in-person interactions with the Merchants as a result of the user's experience at the Merchant. The Company shall not be liable for any acts or omissions on part of the Merchant including deficiency in quality and/or service, or any other experience of the user.
  9. The Company reserves the right, in its sole discretion, to modify the Reservation Services from time to time and without notice, including, without limitation, by removing, adding, or modifying portions of the Reservation Services. The Company shall have no liability to you for any of the foregoing actions. If you object to any such changes, your sole recourse shall be to cease using the Reservation Services. Continued use of the Reservation Services following any such changes shall indicate your acknowledgment of such changes and satisfaction with all the Services.

• Technical Support Services

  1. One of the Services provided by the Company on the Platform is providing technical support for entities (“Tech Service Customers”) that are desirous of providing any benefit plans for their employees or other individuals (“Beneficiaries”) (“Tech Services”).
  2. Tech Service Customers may operate any benefit plans for the Beneficiaries, including through coming up with payment mechanisms whereby the Beneficiaries may buy products or avail Services from Merchants onboarded by the Platform and identified by the Tech Service Customers to provide their products/ services to the Beneficiaries (“Identified Merchants”).
  3. As part of the Tech Services, the Company shall keep digital records of the benefits availed by the Beneficiaries from the Identified Merchants, which shall be visible to the Beneficiaries, Identified Merchants and Tech Service Customers. The Identified Merchants and the Tech Service Customers shall enter into agreement with respect to the manner in which the payment for such services shall be settled.
  4. Beneficiaries shall only be able to avail the benefits with the Identified Merchants and no other Merchants.
  5. The Company shall act on the sole instructions of the Tech Service Customers with respect to the details of the benefits that will be available to each Beneficiary. No Beneficiary shall have any claim against the Company with respect to their entitlement to the benefit or if any Identified Merchant refuses to sell the products or services to the Beneficiaries.
  6. The Company shall not be liable to the Tech Service Customer in the event any of the Identified Merchants refuse or fail to provide their services or products to the Beneficiaries.
  7. The Company shall not be liable for the quality of the services or products provided by the Identified Merchants.
  8. You hereby acknowledge that the Company is not providing any financial services and is not a bank or a non-banking financial institution. It shall be the responsibility of the Tech Service Customers to ensure that they are compliant with any regulations that are applicable to them, including any regulations issued by the Reserve Bank of India in this regard.

• Offline Services: One of the Services provided by the Company on the Platform is enabling generation of invoice and assisting in payment process for purchases made by users in physical stores who have been onboarded by the Company (“Offline Stores”). The payment process and terms applicable to the Services and Reservation Services shall also be applicable in such cases. While the invoice shall be generated through the Platform, the products are being sold by the Merchants to the Customers and the Company shall in no way be responsible for the same.

• General:

  1. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and policies, you shall immediately discontinue its use. The Company reserves the right to terminate your Account and / or deny access to the platform if it is brought to the Company’s notice that you are under the age of 18 years.
  2. If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us.
  3. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
  4. You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and policies to the attention of all such persons accessing the Platform on your computer or mobile device.
  5. You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
  6. You agree and grant permission to the Company to receive promotional SMS and e-mails from the Company or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to “expert@opendhi.com”.

  7. By using the Platform, you represent and warrant that:

     • All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
     • Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
     • You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
     • All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.
     • You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind.
     • You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
     • You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity's use or enjoyment of the Platform.
     • You will not use another person's username, password or other account information, or another person's name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
     • You will not engage in any form of antisocial, disrupting, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet.
     • You will not discriminate against any Merchants, Customers based on race, religion, caste, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other metric which is deemed to be unlawful under applicable laws. Any credible proof of such discrimination, including any refusal to provide or receive goods or services based on the above metrics, whether alone or in conjunction with any other metric, whether lawful or unlawful, shall render you liable to lose access to the Platform immediately. You will not have any claim towards, and we will not have any liability towards any termination which is undertaken as a result of the aforementioned event.
     • You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
     • You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

     • You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:

       1. any part of the Platform or the Platform software; or
       2. any equipment or any network on which the Platform is stored or any equipment of any third party

     • You release and fully indemnify the Company and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, the Company cannot take responsibility or control the information provided by other users which is made available on the Platform. You may find other user's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

• Access to the Platform and security

  1. We endeavour to make the Services available during Merchant’s working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
  2. We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or you obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
  3. We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended user may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

• Relationship with operators if the Platform is accessed on mobile devices

  1. In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android (each being an "Operator").
  2. Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
  3. You and we acknowledge that these Terms of Use are concluded between you and the Company only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
  4. The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
  5. You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
  6. You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

• Disclaimers

  1. The Platform may be under constant upgrades, and some functions and features may not be fully operational.
  2. Due to the issues that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in functionality of the Platform. As a result, we do not represent that the information posted is correct in every case.
  3. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
  4. You acknowledge that third party services are available on the Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain Services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party's / Merchant’s services.
  5. The Company disclaims all liability that may arise due to any violation of any applicable laws including the law applicable to products and services offered by the Merchant.
  6. While the materials provided on the Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
  7. The information provided hereunder is provided "as is". We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.

• Intellectual property

  1. We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
  2. The features, information, and materials provided and depicted through the Services are protected by copyright, trademark, patent, and other intellectual property laws. All text, graphical content, video, data, and other content made available through the Services (collectively, “Content”) are provided to user by the Company or its partners or licensors solely to support user's permitted use of the Services. The Content in the Platform may be modified from time to time by the Company in its sole discretion. No license is granted to the users, and any use of the Content by the user shall constitute a material breach of these Terms of Use. The Company and its partners (including Merchants) or licensors retain all rights in the Content and any associated patents, trademarks, copyrights, mask work rights, trade secrets, or other intellectual property rights. No license, right, or interest in any trademarks of the Company or any third party is granted under these Terms of Use.
  3. You recognize that Maas ERP Solutions Private Limited is the registered owner of the word mark “Dhihyperlocal” and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or the Company’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world.
  4. You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
  5. If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

• Treatment of information provided by you: We process information provided by you to us in accordance with our Privacy Policy.

• Third Party Content

  1. We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
  2. You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites.

• Termination: The Company may suspend your ability to use all or any of the Services without notice or explanation. After any suspension or termination, you may or may not be granted permission to use the Services or re-establish an Account. You agree that the Company shall not be liable to you for any suspension or termination of this agreement or for any effects of any termination of this agreement. You are always free to discontinue your use of the Services at any time.

• Limitation of Liability: In addition to other limitations and exclusions in these Terms of Use, in no event shall the Company or its directors, officers, employees, agents or other representatives be liable for any injuries, losses, claims or direct, indirect, special, punitive, consequential or incidental damages or any damages of any kind, even if advised of the possibility of such damages, arising out of related to (a) these Terms of Use (as amended from time to time), (b) any use of the Platform or the Services (including Reservation Services) or use of the Content; (c) any failure or delay in relation to the use of Services, (d) your visit to any Merchant or the performance, non-performance, conduct or policies of any Merchant in relation to the Services, (e) information provided on the Platform or any decision made or action taken by the users on the basis of reliance on such information, or (f) any services provided by any third party or Merchant through the Platform. The Company is neither an agent of nor otherwise associated with any Merchant. To the maximum extent that is permissible under law, our liability shall be limited to an amount equal to the value of the Services availed by you. We shall not be liable for any dispute or disagreement between users. These exclusions and limitations shall be applicable to the fullest extent permitted by law and shall survive the termination of these Terms of Use/ deletion by the user of his Account. You and the Company understand and agree that the aforementioned disclaimers, exclusions, and limitations are essential elements of these Terms of Use and that they represent a reasonable allocation of risk.

• Entire agreement: These Terms of Use shall be concurrent with and read with the other policies of the Company (including the privacy policy) and any other agreement that may be executed between the Company and the Merchant/user/Support Service provided, which shall be deemed to be included in these Terms of Use.

• Severability: If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

• Partnership or Agency: None of the provisions of these Terms of Use shall be deemed to constitute a partnership or agency between you and the Company (except where specifically mentioned so) and you shall have no authority to bind the Company in any form or manner.

• Non-assignment: You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

• Governing law and dispute resolution: These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Hyderabad, India.

• Contact Us
  

  Grievance Officer/Nodal Officer

  In accordance with (a) Information Technology Act, 2000 and rules made there under and (b) Consumer Protection (E-Commerce) Rules 2020, the name and contact details of the Grievance Officer/Nodal Officer is provided below:

  Mr. Shaun Varghese
  Phone: +91 97042 93399
  Email: expert@opendhi.com
  Time: 11:00 AM to 4 PM excluding Saturday, Sunday, Government Holiday, Public holiday and Festival holidays provided as per policy of Company.