This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the following terms and conditions carefully before browsing, downloading, registering, accessing or using the Spiritzone Application/ website (as defined below). By accessing, registering on or using the Spiritzone Application or by using the Services provided by Us, as defined below, Consumer agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, Consumer do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, Consumer may not access or use the Spiritzone Application and terminate this Agreement, in terms hereof.
By accepting the terms and conditions you declare that you are legally permitted to consume liquor and have the permit. If not it can be obtained from Maharashtra Government's State Excise Department
Consumer's Agreement to these Terms and Conditions for Availing Service
In a bid to ensure that no social distancing norms are violated, the Maharashtra government has given a go-ahead to the home delivery of liquor amid curfew. These Terms and Conditions (as may be amended from time to time, the "Agreement" or "Terms") constitute a legal contract between Consumer being a User of legal drinking age in Consumer's state of domicile ("Consumer" or "User"), and Spiritzone, having its registered office at Dev Corpora Thane, Maharashtra, India ("Spiritzone", "We" or "Us"). Any capitalized terms used, but not defined herein, shall have the meanings assigned to them in the terms of use of Spiritzone Application/Payment Gateway which is accessible here.
Spiritzone owns and operates mobile applications namely "SPIRITZONE - The App", and the website https://www.spiritzone.in (The mobile applications and the website will hereby commonly referred by the term "Spiritzone Application"), which provides a platform for liquor/alcoholic beverage manufacturers and distributors ("Sellers") to showcase liquor and alcoholic beverages ("Products") on the platform created by Spiritzone i.e. the Spiritzone Application, and enables Consumer to search and pay for these Products through independent, licensed alcohol beverage retailers, and other licensees with retail privileges (hereinafter referred to as the "Merchant"). We act as an intermediary/ service provider, providing Consumer with this platform enabling Consumer to purchase the Products from the Merchant and We provide Consumer with payment solutions, payment support services, technology solutions and other related / ancillary services further. This may include delivery of the product to the selected destination via. our platform as selected by the Consumer (hereinafter referred to as the "Services"). (hereinafter referred to as the "Services"). All transactions through the Spiritzone Application are accepted, reviewed, and ultimately fulfilled by the Merchant. We do not warrant or take any responsibility or liability in respect of the services provided by the Merchant.
1. Eligibility to Use/Consume
By accessing the Spiritzone Application, Consumer represent that Consumer are of legal drinking age in Consumer's state of domicile and have not been previously suspended or prohibited from accessing the Spiritzone Application or otherwise availing the Services through the Spiritzone Application. Consumer represent and warrant that Consumer have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Consumer's Registration and Account Obligations
Consumer shall be solely responsible for maintaining the confidentiality of Consumer's User ID and Pin ("Spiritzone Account") and shall be responsible for all activities that occur under Consumer's User ID. Consumer agree that if Consumer provide any information that is inaccurate, false or incomplete or We have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with this Agreement, We shall have the right to indefinitely suspend or terminate or block access of Consumer's membership on the Spiritzone Application and refuse to provide Consumer with access to the Spiritzone Application.
Consumer also agree that Consumer's User Profile is linked to Consumer's mobile number (issued by a valid operator in India) and Consumer's self-declared email id, both of which clearly identifies Consumer's Spiritzone Account. Consumer agree to provide Consumer's correct name and other details sought for which will appear on Consumer's Spiritzone Application/Payment Gateway account statement.
As part of the Spiritzone's registration process, Spiritzone will generate a secure SMS based One Time Pin ("OTP") which will be sent to Consumer's registered mobile number to sign in to Consumer's Spiritzone Account. Consumer are responsible for maintaining the integrity of the OTP with Consumer's Spiritzone Account and are fully responsible for all activities that occur under the Spiritzone Account.
Consumer are fully responsible for providing the proper email id at the time of sign-up and Consumer acknowledge to receive emails relating to Consumer's Spiritzone Application/Payment Gateway account and the product communications to Consumer's registered email id.
Our official language of Consumer communication is English. By Consumer's acceptance of the T&C, we note Consumer's preference to receive all communications from Spiritzone in the English language.
Consumer agree to:
a) Immediately notify Spiritzone of any unauthorized use of Consumer's mobile number or the Spiritzone Account or Spiritzone Application/Payment Gateway or any other breach of security, and
b) Ensure that Consumer exit from Consumer's Spiritzone Account at the end of each session.
c) Spiritzone shall not be liable for any loss, damage or other liability
arising from Consumer's failure to comply with this clause or from any
unauthorized access to or use of the Spiritzone Account.
3. Access to Spiritzone's Services
Our Services enable Consumer to search and pay for various Products with the Merchant. All transactions are solely made between Consumer and the Merchant. Consumer acknowledge and agree we do not sell, offer to sell, invite to sell, sell or deliver the Products. In all instances, all sales are advertised, accepted, made and delivered by the Merchants who receive all orders and offers.
Spiritzone grants Consumer a non-transferable, non-exclusive limited license to access and make personal use of the Services and the Spiritzone Application, which shall be subject to the terms and conditions contained in this Agreement. The license allows Consumer to use the Services for Consumer's personal, non-commercial use. The license also allows Consumer to download, install the Spiritzone Applications related to the Services on a mobile device that Consumer own or control for Consumer's personal non-commercial use. Spiritzone grant of license does not permit Consumer to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the terms of this Agreement. All rights not expressly granted herein are reserved by Spiritzone.
4. Processing and Delivery of Products
All Users are required to create a Spiritzone Application/Payment Gateway account (as defined hereinafter) and all payments in respect of the Products are to be made exclusively through the Spiritzone Application/Payment Gateway, the monetary value of which will be received by the respective Merchants from whom Consumer purchase the Products. At the time Consumer perform a transaction, Consumer's Spiritzone Application/Payment Gateway will be loaded/reloaded through a third party payment gateway, which will, subject to the terms and conditions agreed with the payment gateway, transfer and deliver the funds to the Merchant. The use of the Spiritzone Application/Payment Gateway shall be governed by the "Spiritzone Application/Payment Gateway - Terms of Use" which is accessible here. The sale of the relevant Products shall be deemed to be completed at the licensed premises as per Applicable Laws. All deliveries shall be subject to compliance as laid down by the State Excise Regulations.
If the Consumer fails to accept delivery on due date, Seller will have no obligation for any refund whatsoever against the pre-payment for delivery of the Goods had been accepted. The Seller may arrange for the storage of the Goods/Products at the risk and cost of the Consumer. If required by the Consumer the Seller shall insure the Goods/Products at the cost of the Consumer.
The deadlines and time periods indicated by Spiritzone are not binding, unless agreed otherwise in writing. Spiritzone is not responsible for delays of delivery due to Force Majeure, change in Government Policy or due to such events which may make the delivery considerably more difficult or impossible for Spiritzone to abide with, even if binding time periods and delivery deadlines have been agreed. Those events permit Spiritzone to delay the delivery or service for the duration of the hindrance, or to withdraw from the contract in full or in part in relation to that part that has not been fulfilled. Spiritzone is permitted to carry out partial services or deliveries within the permitted statutory delivery timelines.
All order acceptances are given exclusively on the basis of these General Terms and Conditions of Sale and Delivery. Supplements, Amendments and Verbal Agreements shall require a written confirmation by the Seller to be legally binding. Revocation of an order already sent by the Purchaser and confirmed by the Seller shall be inadmissible. Changes in the terms of the order (quantity, reference or technical specifications) shall only be admissible within 24 hours after the order confirmation has been sent by the Seller.
Spiritzone does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. Consumer are advised to independently verify the bona fides of any particular Merchant that Consumer choose to deal with on the Platform and use Consumer's best judgment on that behalf. All Merchant offers and third-party offers are subject to the respective party terms and conditions. Spiritzone takes no responsibility for such offers.
Spiritzone neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. Spiritzone accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Spiritzone has integrated a third party PPI/Payment Gateway authorised by Reserve Bank of India and assumes the role of an intermediary and does not at any point of time during any transaction between Consumer and Merchant on the Platform come into or take possession of any of the products offered by the Merchant. At no time shall Spiritzone hold any right, title or interest over the products nor shall Spiritzone have any obligations or liabilities in respect of such contract entered into between Consumer and Merchant.
Before handing over of the Products to Consumer, the Merchant may validate Consumer's identity by requesting a proof of identity. The onus of age-verification lies with the Merchant to request for a proof of identity if the recipient appears to be below the legal drinking age of the state of operation.
Neither Spiritzone, nor any officer, director, employee, shareholder or agent of Spiritzone shall be liable to the User or any third party for any claims relating to the reservation and/or consumption of the Products or any consequences which may result thereof.
By completing a transaction on the Spiritzone Application, Consumer agree that Consumer are of the relevant legal age as per Applicable Law in the State in which Consumer are domiciled, to reserve and thereafter consume such Products.
In the event that there is no individual who is of the relevant legal age or other requirements as per Applicable Laws in the State in which he is domiciled, to receive and consume such Products or such individual cannot provide valid identification showing the proof of his or her age or other excise prerequisites such as "permit", the Merchant may deny service of the Products. This reservation includes, but is not limited to the following:
i. No Valid Permit for consumption of Liquor
ii. Person with mental disorder
iii. Person/s found to be drunk
iv. Person is suspected or understood to be involved or be a part of riot or create disturbance to public peace and/or be part of any crime
v. Person on duty of Central or State Government and/or in Official uniform, Pilots in uniform and/or on Duty, including Bus and Railway Employees or Drivers on duty
vi. Person below the legal age for Consuming Liquor
At the time of Delivery, if the individual cannot provide valid identification showing the proof of his or her age or other excise or Application prerequisites such as "permit", "OTP", the Delivery Agent or the Merchant may deny service of the Products. The aforementioned other reservations are also applicable.
5. Acceptable Use and Restrictions.
Consumer agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and Consumer agree that Consumer will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. Consumer agree that:
(i) Consumer will not use the Services if Consumer are not fully able and legally competent to agree to these Terms
(ii) Consumer will not engage in any behaviour which is in violation of any law in force
(iii) Consumer will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds
(iv) Consumer will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights
(v) Consumer will not host, display, upload, modify, publish, transmit, update or share any message / information which is libellous, defamatory or which discloses private or personal matters concerning any person
(vi) Consumer will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
(vii) Consumer will not refuse to cooperate in an investigation or provide confirmation of Consumer's identity or any other information Consumer provide to Spiritzone, the Merchant, if required by any law enforcement, legal or government agencies or Merchant
(viii) Consumer will not make or seek to make payment to the Merchants other than through the Spiritzone Application/Payment Gateway
(ix) Consumer will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Spiritzone Application or features that prohibit access to the Spiritzone Application or the Services in any manner or enforce limitations on the use of the Services
(x) Consumer will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Spiritzone Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
(xi) Consumer will not attempt to obtain any information or content from the Services using any robot, spider, scraper or other automated means for any purpose
(xii) Consumer will keep secure and confidential Consumer's details of the Spiritzone Account or any identification we provide Consumer which allows access to the Services
(xiii) Consumer will only use an access point or data account which Consumer are authorized to use
(xiv) If Consumer choose to use the Platform, it shall be Consumer's responsibility to treat Consumer's 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
(xv) We shall at times and at our sole discretion reserve the right to disable any user identification code or password if Consumer have failed to comply with any of the provisions of these Terms of Use.
(xvi) The Products will be deemed to be sold only at places which are licensed premises as per Applicable Laws.
(xvii) Consumer will provide proof of identity and age reasonably requested by the Delivery Agent, Merchant or its employee
(xviii) Consumer will not use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
(xix) Consumer will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time
(xx) Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Spiritzone, a third party or Consumer
(xxi) Consumer shall not hold Spiritzone liable for any Services provided by the them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues
6. Pricing
The prices of the Products published on the Spiritzone Application are
prices based on pricing information provided to us by the Merchant and may
not always reflect the prevailing pricing. The Merchant reserves the right
to determine final prices of all their Products.
7. Indemnification
Consumer agree to indemnify, save, and hold Us, our promoters, directors,
affiliates, contractors, service providers, employees, officers, agents and
its third party suppliers, licensors, and partners harmless from any and
all claims, losses, damages, and liabilities, costs and expenses, including
without limitation legal fees and expenses, arising out of or related to
Consumer's use or misuse of the Spiritzone Application, violation of the
terms and conditions of this Agreement, or any breach of the
representations, warranties, and covenants made by Consumer herein. We
reserve our right, at Consumer's expense, to assume the exclusive defence
and control of any matter for which Consumer are required to indemnify us,
including rights to settle, and Consumer agree to cooperate with Us to
defend and settle the claims. We will make reasonable efforts to notify
Consumer of any claim, action, or proceeding brought by a third party that
is subject to the foregoing indemnification upon becoming aware of it. This
clause shall survive termination of this Agreement.
8. Liabilities and Damages
In no event will We or our contractors, directors, officers, agents,
licensors, partners be liable to Consumer for any special, indirect,
incidental, consequential, punitive, or exemplary damages, including but
not limited to lost business opportunities, lost revenues, or loss of
anticipated profits or any other pecuniary or non-pecuniary loss or damage
of any nature whatsoever, arising out of or relating to (i) this Agreement,
and (ii) the use or inability use the Spiritzone Application.
9. Disclaimer: No Warranties
CONSUMER'S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE
CANCELLATION OF CONSUMER'S SPIRITZONE ACCOUNT WITH US.
SPIRITZONE'S APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS,
MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE
SPIRITZONE APPLICATION, IS PROVIDED 'AS IS.' TO THE FULLEST EXTENT
PERMISSIBLE BY LAW, SPIRITZONE AND ITS SUBSIDIARIES AND AFFILIATES MAKE
NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE
CONTENT/SERVICES ON THE SPIRITZONE APPLICATION, OR THE MATERIALS,
INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR
ACCESSED THROUGH PLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT
LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH
THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH PLATFORM OR ANY
LINKED SITE. FURTHER SPIRITZONE DISCLAIMS ANY EXPRESS OR IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. SPIRITZONE DOES
NOT WARRANT THAT THE FUNCTIONS CONTAINED ON SPIRITZONE APPLICATION, OR
ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR FREE. SPIRITZONE SHALL NOT BE LIABLE FOR THE USE OF SPIRITZONE
APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS
CONTAINED THEREIN.
IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDS CONSUMER FOR ANY AND
ALL CLAIMS UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION,
EXCEED INR 100.
10. Ownership: Proprietary Rights
All rights, including copyright, in the Spiritzone Application are owned or
controlled for these purposes by us. Except where expressly stated
otherwise, Consumer are not permitted to do any derivative work, copy,
download, store (in any medium), transmit, broadcast, show or display in
public, adapt or change in any way the content on the Spiritzone
Application for any purpose whatsoever without Our prior written
permission. Violators will be prosecuted to the maximum extent possible
under Applicable Laws. Any other rights, not expressly granted herein, are
reserved.
The Spiritzone Application includes a combination of content that we
create, that our partners or licensors or associates create, and that
Spiritzone s/Merchants may create. All materials published on the
Spiritzone Application, including, but not limited to software(s),
advertisement(s), written content, views, reviews, photographs, graphics,
images, illustrations, marks, logos, sound or video clips, and flash
animation, are protected by our copyrights or trademarks or those of our
partners or licensors or associates. Consumer are not permitted to copy,
modify, publish, transmit, reproduce, create derivative works of,
distribute, publicly perform or display, or in any way exploit any of the
materials or content on the Spiritzone Application or on its websites in
whole or in part.
If we find any contents or materials published on the Spiritzone
Application or on our sites as obscene, offensive, indecent, racial, hatred
to religion or objectionable or that is inaccurate, Consumer shall refrain
from use of such materials or contents and shall bear all risks associated
with using that content. Consumer unequivocally agree not to publish or
post such material in Consumer's content. We have the right, but not the
obligation, to remove any content that may, in our sole discretion, violate
these Terms or that is otherwise objectionable.
All names, logos, marks, labels, trademarks, copyrights or intellectual and
proprietary rights on the Spiritzone Application belonging to any person,
entity or third party are recognized as proprietary to the respective
owners and any claims, controversy or issues against these names, logos,
marks, labels, trademarks, copyrights or intellectual and proprietary
rights must be directly addressed to the respective parties under notice to
us. Consumer irrevocable confirm and undertake that We shall not be liable
for any claims, expenses and liabilities for display or use of the names,
logos, marks, labels, trademarks, copyrights or intellectual and
proprietary rights on the Spiritzone Application under license or rights or
affiliation with the said person, entity or third party.
11. Termination of Agreement
Termination by Us:
Consumer agree that We, in our sole discretion, for any or no reason, may
suspend or terminate Consumer's Spiritzone Account (or any part thereof) or
terminate this Agreement, at any time without assigning any reason.
Consumer agree that any termination may be effected without prior notice,
and Consumer agree that, we will not be liable to Consumer or any third
party for any such termination. Any suspected fraudulent, abusive or
illegal activity may be referred to appropriate law enforcement
authorities. These remedies are in addition to any other remedies we may
have at law or in equity.
12. Consequence of Termination
Upon termination of this Agreement for any reason, we will block Consumer's
access to the Application and delete Consumer's Spiritzone Account. In case
of termination of this Agreement, any amounts standing in Consumer's name
in the Spiritzone Application/Payment Gateway, shall be refunded to
Consumer, in accordance with the terms governing the Spiritzone
Application/Payment Gateway and Applicable Laws.
13. Advertisements
We do not in any way warrant or represent the quality or nature of the
Products which may be advertised on the Spiritzone Application. Consumer's
correspondence or dealings with, or participation in promotions of
advertisers displayed on the Spiritzone Application, including payment and
delivery of related goods or services, and any other terms, conditions,
warranties or representations associated with such dealings, are solely
between Consumer and such advertiser / third party. We shall not be
responsible or liable for any loss or damage of any sort incurred by
Consumer as a result of any such dealings or as the result of the presence
of such advertisers on the Spiritzone Application or Spiritzone's website,
and any such interaction with a third party advertiser shall be undertaken
by Consumer at Consumer's sole risk and liability.
14. Modification of this Agreement
We reserve the exclusive right to change, modify, add, delete or remove
portions of this Agreement at any time by posting a notification on the
Spiritzone Application or otherwise communicating the said notification to
Consumer. The changes will become effective and shall be deemed accepted by
Consumer, 24 (twenty-four) hours after the initial posting and shall be
applicable immediately on a going-forward basis. If Consumer do not agree
with any such modification, Consumer's sole and exclusive remedy is to
terminate this Agreement in accordance with the clause above. If Consumer
continue to use the Application, it will be deemed as Consumer's acceptance
to the terms.
15. Waiver
Our failure to exercise or enforce any right or provision of this Agreement
will not constitute a waiver of such right or provision. Any waiver of any
provision of this agreement and other statutes will be effective only if in
writing and signed by our authorized signatory.
16. Consumer's Data
When Consumer use the Services, Consumer understand and agree we may
collect, use and disclose information about Consumer as described in our
Privacy Policy located here.
17. Notice
We may provide Consumer with notices and communications by email, regular
mail or postings on the Spiritzone Application or Spiritzone's website or
by any other reasonable means. Except otherwise communicated, notice to us
must be sent by courier or registered mail to: Dev Corpora Thane,
Maharashtra, India.
18. Disputes
Disputes are defined as any claim, controversy, or dispute between Consumer and Spiritzone, including any claims relating in any way to the present Agreement, any supplemental Terms, or the services, amendments, or any other aspects of the Agreement.
Any dispute arising out between the parties would be resolved by the district/civil courts of the State of Maharashtra.
19. Laws and Disputes Redressal
Subject to Clause 18, Consumer agree that courts in Mumbai, India, shall have exclusive jurisdiction in respect of disputes between us. This Agreement shall be governed by the laws of India.
20. Severability
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
21. Assignment
This Agreement, and any rights granted hereunder, may not be transferred or assigned by Consumer without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
22. Survival
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
23. Contact Information
Consumer can send in Consumer's queries, requests or complaints in the following ways:
A) Online chat: Open the Spiritzone Application ->Go to the Payment Gateway Section->Click on Get Help and post a query, We will respond once we review Consumer's query.
B) Email: Write to us at support@Spiritzone.in and submit Consumer's queries.
Consumer have the right to register a complaint if Consumer are not satisfied with any of the following:
24. Service Level Agreement
If Consumer are not satisfied with the resolution provided by our level 1 escalation, Consumer can further escalate the concern to a higher level as mentioned in our Consumer Grievance policy here
25. Know Consumer's Consumer
KYC refers to the various norms, rules, laws and statutes issued by various government authorities including the Reserve Bank of India from time to time. As required by government authorities, including excise authorities, Spiritzone, the Merchant, may be required to procure personal identification details from Consumer before any Services can be delivered and at the time of registration and/ or on a later date, for availing and / or continuation of the Spiritzone Application/Payment Gateway. Consumer agree that:
i. Spiritzone shall not be responsible for wrong details being entered by the User.
ii. In the event the beneficiary/KYC details provided are found to be incorrect/ insufficient, Spiritzone retains the right to block Consumer's Spiritzone account. Spiritzone retains the right to share the details of the transaction undertaken using the Spiritzone Account and the end beneficiary/ KYC details with RBI, as per statutory guidelines issued from time to time. If the KYC details provided by Consumer are invalid, Consumer are liable for the consequences or action taken by the relevant regulatory authorities of Consumer's jurisdiction.
iii. The collection, verification, audit and maintenance of correct and updated Consumer information is a continuous process and We reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements;
iv. We reserve the right to discontinue Services/ reject applications for Spiritzone Application/Payment Gateway upgradation at any time if there are discrepancies in information and/or documentation provided by Consumer; and
v. Any information provided to us with the intention of securing Spiritzone Application/Payment Gateway shall vest with Us and may be used for any purpose consistent with the Applicable Laws, at its discretion.
Subject to guidelines/notifications issued by various government authorities including the Reserve Bank of India from time to time, the KYC norms may be reviewed and modified at the discretion of Spiritzone without prior intimation to Consumer.
26. Communication
Consumer agree to receive certain specific emails from us. Consumer hereby confirm that as on date of this registration, Consumer do not have any objection to receiving emails, messages and calls from us and our members. This consent shall supersede any preferences set by Consumer with or registration done with the Do Not Disturb (DND Register)/ National Consumer Preference Register. This consent extends to emails, messages or calls relating to Consumer's association with the Spiritzone Application and/ or Spiritzone's website under these Terms.
27. Delivery Booking and Financial Terms
In case of Delivery, there is no warranty that the product delivery or handover will depend on the Product's availability at that particular time at that particular store/Merchant. It completely depends on the Merchant's discretion to Accept/Reject any order.
The Merchant shall be solely responsible for any warranty/guarantee of the liquor products Delivered/Handed Over to the Users and in no event shall be the responsibility of Spiritzone.
The transaction is bilateral between the Merchant and User and therefore, Spiritzone is not liable to charge or deposit any taxes applicable on such transactions.
Consumer acknowledge and agree that we act as the Merchant's payment agent for the limited purpose of accepting payments from Consumer on behalf of the Merchant. Upon Consumer's payment of amounts to us, which are due to the Merchant, Consumer's payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the -Merchant. Consumer shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings made using the Platform.
The final tax bill will be issued by the Merchant to the User along with the order and Spiritzone is merely collecting the payment on behalf of such Merchant. 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. Spiritzone holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
28. Cancellations, Partial Orders and Refunds
a) Cancellation
As a general rule Consumer shall not be entitled to cancel Consumer's order once Consumer have received confirmation of the same from the Merchant. If Consumer cancel Consumer's order after it has been confirmed, Spiritzone shall have a right to charge Consumer a cancellation fee corresponding to the order value (inclusive of applicable taxes), with a right to either not to refund the order value or recover from Consumer's subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our Merchant and delivery agents. Spiritzone shall also have the right to charge Consumer cancellation fee for the orders cancelled by Spiritzone for the reasons specified under Clause 1(iii) of this cancellation and refunds policy.
b) Partial Order
However, in the unlikely event of an item on Consumer's order being unavailable, we will contact Consumer on the phone number provided to us at the time of placing the order and inform Consumer of such unavailability. In such an event Consumer will be entitled to modify or cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
We reserve the sole right to modify/cancel Consumer's order in the following circumstance:
i. in the event of Consumer having already opted for partial order acceptance during the placement of order
ii. in the event of the designated address falls outside the delivery zone offered by us
iii. failure to contact Consumer by phone or email at the time of confirming the order booking
iv. failure to deliver Consumer's order due to lack of information, direction or authorization from
Consumer at the time of delivery
v. unavailability of all the items ordered by Consumer at the time of booking the order
c) Refunds
In certain cases, refunds may apply. This will be determined on a case-by-case basis evaluating
credibility of relevant circumstances on the full discretion of Spiritzone.
Consumer shall be entitled to a refund only in the event of any of the following circumstances
i. Consumer's Product(s) has been tampered or damaged at the time of delivery
ii. Us cancelling Consumer's order due to
(a) Consumer's delivery location following outside our designated delivery zones;
(b) failure to contact Consumer by phone or email at the time of confirming the order booking; or
(c) failure to contact Consumer by phone or email at the time of confirming the order booking; or
iii. Our decision on refunds shall be at our sole discretion and shall be final and binding
iv. All refund amounts shall be credited to Consumer's Account/Payment Gateway account within 5-7 business days in accordance with the terms stipulated by the Payment Gateways Terms & Condition, or
v. All refund amounts shall be credited to Consumer's respective Bank account within 5-7 business days in accordance with the terms stipulated by Consumer's Bank.
29. Miscellaneous
Spiritzone has integrated a third party PPI/Payment Gateway authorised by Reserve Bank of India and assumes the role of an intermediary and does not at any point of time during any transaction between Consumer and Merchant on the Platform come into or take possession of any of the products offered by the Merchant. At no time shall Spiritzone hold any right, title or interest over the products nor shall Spiritzone have any obligations or liabilities in respect of such contract entered into between Consumer and Merchant. (PPI may not be applicable for us, instead as we are using multiple payment gateways for receiving online payment, have to insert certain clause based on this)
Before handing over of the Products to Consumer, the Merchant may validate Consumer's identity by requesting a proof of identity. The onus of age-verification lies with the Merchant to request for a proof of identity if the recipient appears to be below the legal drinking age of the state of operation.
Neither Spiritzone, nor any officer, director, employee, shareholder or agent of Spiritzone shall be liable to the User or any third party for any claims relating to the reservation and/or consumption of the Products or any consequences which may result thereof.
By completing a transaction on the Spiritzone Application, Consumer agree that Consumer are of the relevant legal age as per Applicable Law in the State in which Consumer are domiciled, to reserve and thereafter consume such Products.
In the event that there is no individual who is of the relevant legal age or other requirements as per Applicable Laws in the State in which he is domiciled, to receive and consume such Products or such individual cannot provide valid identification showing the proof of his or her age or other excise prerequisites such as "Liquor Permit", the Merchant may deny service of the Products. This reservation includes, but is not limited to the following:
30. Acceptable Use and Restrictions.
Consumer agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and Consumer agree that Consumer will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. Consumer agree that:
i. Consumer will not use the Services if Consumer are not fully able and legally competent to agree to these Terms;
ii. Consumer will not engage in any behaviour which is in violation of any law in force;
iii. Consumer will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds;
iv. Consumer will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights;
v. Consumer will not host, display, upload, modify, publish, transmit, update or share any message / information which is libellous, defamatory or which discloses private or personal matters concerning any person;
vi. Consumer will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
vii. Consumer will not refuse to cooperate in an investigation or provide confirmation of Consumer's identity or any other information Consumer provide to Spiritzone, the Merchant, if required by any law enforcement, legal or government agencies or Merchant;
viii. Consumer will not make or seek to make payment to the Merchants other than through the Spiritzone Application/Payment Gateway/Account;
ix. Consumer will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Spiritzone Application or features that prohibit access to the Spiritzone Application or the Services in any manner or enforce limitations on the use of the Services
x. Consumer will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Spiritzone Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
xi. Consumer will not attempt to obtain any information or content from the Services using any robot, spider, scraper or other automated means for any purpose
xii. Consumer will keep secure and confidential Consumer's details of the Spiritzone Account or any identification we provide Consumer which allows access to the Services
xiii. Consumer will only use an access point or data account which Consumer are authorized to use
xiv. If Consumer choose to use the Platform, it shall be Consumer's responsibility to treat Consumer's 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. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if Consumer have failed to comply with any of the provisions of these Terms of Use
xv. The Products will be deemed to be sold only at places which are licensed premises as per Applicable Laws
xvi. Consumer will provide proof of identity and age reasonably requested by the Delivery Agent, Merchant or its employee
xvii. Consumer will not use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
xviii. Consumer will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time
xix. Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Spiritzone, a third party or Consumer
xx. Consumer shall not hold Spiritzone liable for any Services provided by the them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues
31. Pricing
The prices of the Products published on the Spiritzone Application are prices based on pricing information provided to Us by the Merchant and may not always reflect the prevailing pricing. The Merchant reserves the right to determine final prices of all their Products.
32. Indemnification
Consumer agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Consumer's use or misuse of the Spiritzone Application, violation by Consumer of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by Consumer herein. We reserve our right, at Consumer's expense, to assume the exclusive defence and control of any matter for which Consumer are required to indemnify us, including rights to settle, and Consumer agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify Consumer of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.
33. Liabilities and Damages
In no event will We or our contractors, directors, officers, agents, licensors, partners be liable to Consumer for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to
i. this Agreement and
ii. the use or inability to use the Spiritzone Application
34. Documentation
i. The collection, verification, audit and maintenance of correct and updated Consumer information is a continuous process and Spiritzone reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.
ii. Spiritzone reserves the right to discontinue services/reject applications for a Spiritzone Application/Payment Gateway at any time, if there are discrepancies in the information and/or documentation provided by Consumer/Consumer.
iii. Any information provided to Spiritzone with the intention of securing a Spiritzone Application/Payment Gateway shall vest with Spiritzone and may be used for any purpose consistent with Applicable Law, at its discretion.
iv. If the particulars provided by Consumer in the KYC documents do not match with the details mentioned in the Enrolment Form, then Consumer/Consumer will not be eligible for a Prime Account
Subject to the guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of Spiritzone without prior intimation to the Consumer.
Spiritzone reserves the right to suspend/discontinue the Spiritzone Application/Payment Gateway services to Consumer at any time, for any cause, including, but not limited, to the following -
i. For any suspected violation of the rules, regulations, orders, directions, notifications issued by RBI from time to time or for any violation of the terms and conditions mentioned under these Terms
ii. For any suspected discrepancy in the particular(s), documentation or Enrolment Form provided by Consumer
iii. To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure reasons, etc
iv. If the same is due to technical failure, modification, upgradation, variation, relocation, repair, and/or maintenance due to any emergency or for any technical reasons
v. If the same is due to any transmission deficiencies caused by topographical and geographical constraints or limitations
vi. If the mobile connection with which Consumer's Spiritzone Application/Payment Gateway is related, ceases to be operational or be not in Consumer's possession or control
vii. If Spiritzone believes, in its reasonable opinion, that cessation or suspension is necessary
viii. Consumer are permitted to maintain and operate only one Spiritzone Application account from one Mobile number and Name
ix. Any suspected non-conformity with this requirement shall be just cause for the suspension or discontinuation of any/all Spiritzone account and Payment Gateways associated with Consumer and number with Spiritzone
35. Know Consumer's Consumer Compliance
KYC refers to the various norms, rules, laws and statutes issued by the RBI from time to time, including the Master Direction (Know Consumer's Consumer (KYC)) Direction, 2016, as amended or implemented from time to time. Spiritzone is required to procure personal identification details from Consumer before any services can be delivered and at the time of registration and/or on a later date, for availing and/or continuation of the Spiritzone Application/Payment Gateway, subject to Applicable Law and Spiritzone's Privacy Policy. Consumer agree that :
i. The collection, verification, audit and maintenance of correct and updated Consumer information is a continuous process and Spiritzone reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements
ii. We reserve the right to discontinue services/ reject applications for the Spiritzone Application/Payment Gateway at any time if there are discrepancies in the information and/or documentation provided by Consumer, and
iii. Subject to Applicable Law and Spiritzone's privacy policy, any information provided to Spiritzone, with the intention of securing Spiritzone Application/Payment Gateway, shall vest with Spiritzone, and may be used, for any purpose consistent with the Applicable Laws and Spiritzone's privacy policy, at its discretion
iv. Subject to the guidelines/notifications issued by the RBI from time to time, the KYC norms may be reviewed and modified at the discretion of Spiritzone without prior intimation to Consumer
36. Reporting of unauthorized Payment Transactions by Consumers
i. Consumers should mandatorily register for SMS alerts and wherever available also register for e-mail alerts, for electronic payment transactions
ii. SMS alerts for any payment transaction shall be sent to the Consumers. E-mail alerts may be sent if the email ID's are registered. The transaction alert will have the contact number or email id to which the Consumer can report unauthorized transactions or notify objections
iii. Consumers should notify unauthorised transactions at the earliest and shall also be informed that longer the time taken to notify Spiritzone, higher will be the risk of loss to Spiritzone and Consumer
iv. Spiritzone provides Consumers with the contact details to report the unauthorised transaction/ or loss or theft. The contact details are available in the Consumer grievance policy The loss/fraud reporting system so established shall also ensure that immediate response (including auto-response) is sent to the Consumers acknowledging the compliant along with the registered compliant number. The communication systems used by PPI issuers to send alerts and receive their responses thereto shall record time and date of delivery of the message and receipt of Consumers response, if any. On receipt of the report of the unauthorised payment transactions, Spiritzone shall take immediate action to prevent further unauthorised payment transactions through the Prepaid Payment Instrument
v. In cases where the loss is due to negligence by a Consumer, such as where he/she has shared the payment credentials, the Consumer will bear the entire loss until he/she reports the unauthorised transaction to the PPI issuer. Any loss occurring after the reporting of the unauthorised transaction shall be borne by Spiritzone
vi. The number of days mentioned above shall be counted excluding the date of receiving the communication from Spiritzone
37. Reporting timeline for zero liability/limited liability of a Consumer
i. On being notified by the Consumer, Spiritzone shall credit the amount involved in the unauthorised electronic payment transaction to the Consumer within 10 days from the date of such notification by the Consumer, even if such reversal breaches the maximum permissible limit applicable to Spiritzone
ii. Spiritzone shall ensure the complaint is resolved and liability of the Consumer, if any established within a period not exceeding 90 days from the date of receipt of the compliant.
38. Consumer Obligations
i. Spiritzone Application/Payment Gateway availability is subject to the maintenance of an active mobile phone and/or internet connection with an associated telecom provider. Spiritzone Application/Payment Gateway availability is subject to the maintenance of a mobile phone handset and other software/hardware applications on which the services run. The Consumer is solely responsible for all liability arising from the unavailability of services due to a mobile handset or internet service provider not supporting any Spiritzone Application/Payment Gateway channel or application
ii. Consumer must ensure the availability of sufficient funds before executing any Transaction from Consumer's Spiritzone Application/Payment Gateway
iii. Consumer shall be solely responsible for the confidentiality, safety and security of the One Time Pin. Consumer shall be the sole owner of the One Time Pin and shall be responsible for the consequences arising out of disclosure of the One Time Pin and/or the unauthorized use of the Spiritzone
iv. In case the mobile phone/SIM card associated with Consumer's Spiritzone is lost/stolen/misplaced/ no longer in Consumer's control, Consumer shall promptly inform Spiritzone. Spiritzone will, upon receipt of such information, block the relevant account
v. Consumer acknowledge and understand that the Spiritzone Application/Payment Gateway is linked to Consumer's mobile phone number and Consumer shall be solely responsible for any liability arising out of the loss/theft/misuse of the mobile phone number or deactivation of the mobile connection by the concerned telecom service provider, in respect of the services
vi. Information submitted by Consumer for availing facilities with Spiritzone and/or information submitted while using the Spiritzone may be shared with third parties by Spiritzone, inter alia, to facilitate the provision of the Spiritzone, subject to Applicable Law and the term of Spiritzone's Privacy Policy
vii. Spiritzone's Customers who have utilised the Spiritzone application for Gifting shall provide on demand, the full details of the ultimate beneficiary, while all terms and conditions of Spiritzone remains valid and applicable on him/her, for the purpose of furnishing the same to the RBI or the government, as and when requested
viii. Consumer shall ensure that the services are not used for Transactions in any foreign currency. The Spiritzone is issued & shall be valid only with the States of India and shall be used at Merchant Establishments only in India.
ix. Without limiting the foregoing, Consumer agree that Consumer will not use the Spiritzone application/website to undertake any of the following actions or to display, upload, modify, publish, distribute, disseminate, transmit, update or share any information that:
a. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever
b. infringes any patent, trademark, copyright or other proprietary rights
c. contains viruses, corrupted files, or any other similar software or programs that is designed to interrupt, destroy or that may limit the functionality of any computer source or that may damage or adversely affect the operation of another person's computer, its websites, any software or hardware, or telecommunications equipment
d. advertises or offers to sell any goods or services for any commercial purpose
e. is in the nature of promotional services, products, surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional materials, or chain letters
f. falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or the source of software or other material
g. violates any law for the time being in force
h. belongs to another person and which Consumer do not have any right to
i. interferes with or disrupts Spiritzone's website, servers, or networks
j. attempts to impersonate any other person
k. harm minors in any way
l. forge headers or manipulate identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate Consumer's presence on its websites
m. engage in any illegal activities or
n. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order, or causes incitement to the commission of any cognizable offence or prevents the investigation of any offence or insults any other nation.
Consumer Protection and Grievance Redressal
Please refer to our Consumer grievance policy [Click here to download]