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Legal

Privacy Policy

This document covers our terms of service together with our privacy and safety practices. It explains what we collect, how we use it, and the choices you have when using Talli Drinks.

Last updated: 24 June 2021

Terms & Conditions

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 Talli Application/ website (as defined below). By accessing, registering on or using the Talli Application or by using the Services provided by Us, as defined below, You  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, You  do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, You  may not access or use the Talli 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 Governments State Excise Department

Your 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 You  being a User of legal drinking age in You ’s state of domicile ("You " or "User"), and Talli, having its registered office at Amanda shopping centre Thane, Maharashtra, India ("Talli", "We" or "Us"). Any capitalized terms used, but not defined herein, shall have the meanings assigned to them in the terms of use of Talli Application/Payment Gateway which is accessible here.

Good Trip Technologies owns and operates mobile applications namely "TALLI – Good Times Delivered", and the website “ https://www.Tallidrinks.com (The mobile applications and the website will hereby commonly referred by the term "Talli 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 Talli i.e. the Talli Application, and enables You  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 you with this platform enabling you to purchase the Products from the Merchant and we provide you 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 you (hereinafter referred to as the "Services"). (hereinafter referred to as the "Services"). All transactions through the Talli 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 Talli Application, You  represent that You  are of legal drinking age in Yourstate of domicile and have not been previously suspended or prohibited from accessing the Talli Application or otherwise availing the Services through the Talli Application. You represent and warrant that you 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. Your Registration and Account Obligations

You shall be solely responsible for maintaining the confidentiality of Your User ID and Pin ("Talli Account") and shall be responsible for all activities that occur under Your User ID. You agree that if You 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 Your membership on the Talli Application and refuse to provide You with access to the Talli Application.

You also agree that Your User Profile is linked to your mobile number (issued by a valid operator in India) and your self-declared email id, both of which clearly identify Your Talli Account. You agree to provide your correct name and other details sought for which will appear on Your Talli Application/Payment Gateway account statement.

As part of the Talli registration process, Talli will generate a secure SMS based One Time Pin ("OTP"),which will be sent to your registered mobile number to sign in to Your Talli Account. You are responsible for maintaining the integrity of the OTP with Your Talli Account and are fully responsible for all activities that occur under the Talli Account.

You are fully responsible for providing the proper email id and phone number at the time of sign-up and you acknowledge receiving emails and sms relating to Your Talli Application/Payment Gateway account and the product communications to your registered email id and phone number.

Our official language of you communication is English. By Your acceptance of the T&C, we note your preference to receive all communications from Talli in the English language.

You agree to:

a) Immediately notify Talli of any unauthorized use of your mobile number or the Talli Account or Talli Application/Payment Gateway or any other breach of security, and

b) Ensure that you exit from Your Talli Account at the end of each session.

c) Talli shall not be liable for any loss, damage or other liability arising from your failure to comply with this clause or from any unauthorized access to or use of the Talli Account.

3. Access to Talli Services

Our Services enable you to search and pay for various Products with the Merchant. All transactions are solely made between you and the Merchant. You 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.

Talli grants You  a non-transferable, non-exclusive limited license to access and make personal use of the Services and the Talli Application, which shall be subject to the terms and conditions contained in this Agreement. The license allows you to use the Services for Your personal, non-commercial use. The license also allows You to download, install the Talli Applications related to the Services on a mobile device that you own or control for your personal non-commercial use. Talli grant of license does not permit you 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 Talli.

4. Processing and Delivery of Products

All Users are required to create a Talli Application/Payment Gateway account (as defined hereinafter) and all payments in respect of the Products are to be made exclusively through the Talli Application/Payment Gateway, the monetary value of which will be received by the respective Merchants from whom you purchase the Products. At the time you perform a transaction, Your Talli 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 Talli Application/Payment Gateway shall be governed by the "Talli Application/Payment Gateway - Terms of Use”. 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 Employees Regulations.

If the you 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 You .

The deadlines and time periods indicated by Talli are not binding, unless agreed otherwise in writing. Talli 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 Talli to abide with, even if binding time periods and delivery deadlines have been agreed. Those events permit Talli 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. Talli 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.

Talli does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to the respective party terms and conditions. Talli takes no responsibility for such offers.

Talli 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. Talli accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

Talli is operating the role of an intermediary and does not at any point of time during any transaction between you and Merchant on the Platform come into or take possession of any of the products offered by the Merchant. At no time shall Talli hold any right, title or interest over the products nor shall Talli have any obligations or liabilities in respect of such contract entered into between you and merchant.

Before handing over of the Products to you, the Merchant may validate your 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.

With regard to value of the transaction, Talli follows industry practice, by rounding off the value to the nearest Rupee (i.e. if the MRP of a product in the decimal point has fractions of less than 50 paise, it is ignored, and in the case of fractions more than 50 paise, they are rounded off to the nearest higher Rupee)

Neither Talli, nor any officer, director, employee, shareholder or agent of Talli 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 Talli Application, You agree that you are of the relevant legal age as per Applicable Law in the State in which you 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.

You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and you agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by us. You agree that:

(I) you will not use the Services if you are not fully able and legally competent to agree to these Terms

(ii) You will not engage in any behaviour which is in violation of any law in force

(iii) You 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) You 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) You 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) You  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) You will not refuse to cooperate in an investigation or provide confirmation of your identity or any other information you provide to Talli, the Merchant, if required by any law enforcement, legal or government agencies or Merchant

(viii) You will not make or seek to make payment to the Merchants other than through the Talli Application/Payment Gateway

(ix) You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Talli Application or features that prohibit access to the Talli Application or the Services in any manner or enforce limitations on the use of the Services

(x) You will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Talli Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation

(xi) You 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) You will keep secure and confidential your details of the Talli Account or any identification we provide you which allows access to the Services

(xiii) You will only use an access point or data account which you are authorized to use

(xiv) 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

(xv) We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you 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) You will provide proof of identity and age reasonably requested by the Delivery Agent, Merchant or its employee

(xviii) You 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) You 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 Talli, a third party or you

(xxi) You shall not hold Talli 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 Talli 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


You  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 Your use or misuse of the Talli Application, violation of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by You  herein. We reserve our right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, including rights to settle, and you agree to cooperate with us to defend and settle the claims. We will make reasonable efforts to notify you 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 You 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 Talli Application.


9. Disclaimer: No Warranties


You’re SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF Your TALLI ACCOUNT WITH US.


TALLI'S APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE TALLI APPLICATION, IS PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TALLI AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT/SERVICES ON THE TALLI 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 TALLI DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TALLI DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON TALLI APPLICATION, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE. TALLI SHALL NOT BE LIABLE FOR THE USE OF TALLI APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.

IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDS YOU 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 Talli Application are owned or controlled for these purposes by us. Except where expressly stated otherwise, You  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 Talli 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 Talli Application includes a combination of content that we create, that our partners or licensors or associates create, and that Talli s/Merchants may create. All materials published on the Talli 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. You  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 Talli Application or on its websites in whole or in part.


If we find any contents or materials published on the Talli Application or on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, You  shall refrain from use of such materials or contents and shall bear all risks associated with using that content. You unequivocally agree not to publish or post such material in your 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 Talli 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. You 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 Talli Application under license or rights or affiliation with the said person, entity or third party.

11. Termination of Agreement


Termination by Us: You  agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your Talli Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. You agree that any termination may be effected without prior notice, and you agree that, we will not be liable to you 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 your access to the Application and delete Your Talli Account. In case of termination of this Agreement, any amounts standing in your name in the Talli Application/Payment Gateway, shall be refunded to you, in accordance with the terms governing the Talli 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 Talli Application. Your correspondence or dealings with, or participation in promotions of advertisers displayed on the Talli 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 you and such advertiser / third party. We shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the Talli Application or Talli's website, and any such interaction with a third party advertiser shall be undertaken by You at Your 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 Talli Application or otherwise communicating the said notification to You . The changes will become effective and shall be deemed accepted by You , 24 (twenty-four) hours after the initial posting and shall be applicable immediately on a going-forward basis. If You  do not agree with any such modification, Your sole and exclusive remedy is to terminate this Agreement in accordance with the clause above. If You  continue to use the Application, it will be deemed as Your 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. Your Data


When You  use the Services, You  understand and agree we may collect, use and disclose information about You  as described in our Privacy Policy located here.

17. Notice


We may provide you with notices and communications by email, regular mail or postings on the Talli Application or Talli'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 you and Talli, 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, you 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 you 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

You can send in your queries, requests or complaints in the following ways:

A) Online chat: Open the Talli Application ->Go to the Payment Gateway Section->Click on Get Help and post a query, we will respond once we review your query.

B) Email: Write to us at [email protected] and submit your queries.

You have the right to register a complaint if you are not satisfied with any of the following:

  • Services provided by Talli
  • Payment system/ prepaid instrument errors
  • Redemption issues
  • Extension of Talli-Payment Gateway validity
  • Unhappy with the quality of You  service provided Or
  • Any other grievances.

24. Service Level Agreement

If you are not satisfied with the resolution provided by our level 1 escalation, you can further escalate the concern to a higher level as mentioned in our You Grievance policy here

25. Know Your You

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, Talli, the Merchant, may be required to procure personal identification details from you 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 Talli Application/Payment Gateway. You agree that:

I. Talli 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, Talli retains the right to block Your Talli account. Talli retains the right to share the details of the transaction undertaken using the Talli Account and the end beneficiary/ KYC details with RBI, as per statutory guidelines issued from time to time. If the KYC details provided by you are invalid, you are liable for the consequences or action taken by the relevant regulatory authorities of your jurisdiction.

iii. The collection, verification, audit and maintenance of correct and updated you 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 Talli Application/Payment Gateway upgradation at any time if there are discrepancies in information and/or documentation provided by You ; and

v. Any information provided to us with the intention of securing Talli 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 Talli without prior intimation to you.

26. Communication

You agree to receive certain specific emails from us. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from us and our members. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National You Preference Register. This consent extends to emails, messages or calls relating to your association with the Talli Application and/ or Talli'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 Talli.

The transaction is bilateral between the Merchant and User and therefore, Talli is not liable to charge or deposit any taxes applicable on such transactions.

You acknowledge and agree that we act as the Merchant's payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon Your payment of amounts to us, which are due to the Merchant, Your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts to the -Merchant. You 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 Talli 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. Talli 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 you shall not be entitled to cancel your order once you have received confirmation of the same from the Merchant. If You cancel Your order after it has been confirmed, Talli shall have a right to charge You 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 Your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our Merchant and delivery agents. Talli shall also have the right to charge you cancellation fee for the orders cancelled by Talli 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 your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you 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 your order in the following circumstance:

I. in the event of you 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 you by phone or email at the time of confirming the order booking

iv. Failure to deliver your order due to lack of information, direction or authorization from

You at the time of delivery

V. unavailability of all the items ordered by you 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 Talli.

You shall be entitled to a refund only in the event of any of the following circumstances

I. Your Product(s) has been tampered or damaged at the time of delivery

ii. Us cancelling your order due to

(a) Your delivery location following outside our designated delivery zones;

(b) Failure to contact you by phone or email at the time of confirming the order booking; or

(c) Failure to contact you by phone or email at the time of confirming the order booking; or

iii. Our decision on refunds shall be at our sole discretion and shall be final and binding

iv. All refund amounts shall be credited to Your 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 your respective Bank account within 5-7 business days in accordance with the terms stipulated by Your Bank.

30. Acceptable Use and Restrictions.

You  agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and You  agree that You  will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. You  agree that:

i. You  will not use the Services if You  are not fully able and legally competent to agree to these Terms;

ii. You  will not engage in any behaviour which is in violation of any law in force;

iii. You  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. You  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. You  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. You  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. You  will not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You  provide to Talli, the Merchant, if required by any law enforcement, legal or government agencies or Merchant;

viii. You  will not make or seek to make payment to the Merchants other than through the Talli Application/Payment Gateway/Account;

ix. You  will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Talli Application or features that prohibit access to the Talli Application or the Services in any manner or enforce limitations on the use of the Services

x. You  will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Talli Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;

xi. You  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. You  will keep secure and confidential Your details of the Talli Account or any identification we provide You  which allows access to the Services

xiii. You  will only use an access point or data account which You  are authorized to use

xiv. 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. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if You  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. You  will provide proof of identity and age reasonably requested by the Delivery Agent, Merchant or its employee

xvii. You  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. You  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 Talli, a third party or You

xx. You  shall not hold Talli 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.

32. Indemnification

You  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 Your use or misuse of the Talli Application, violation by You  of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by You  herein. We reserve our right, at Your expense, to assume the exclusive defence and control of any matter for which You  are required to indemnify us, including rights to settle, and You  agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You  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 You  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 Talli Application

34. Documentation

i. The collection, verification, audit and maintenance of correct and updated You  information is a continuous process and Talli reserves the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements.

ii. Talli reserves the right to discontinue services/reject applications for a Talli Application/Payment Gateway at any time, if there are discrepancies in the information and/or documentation provided by You /You .

iii. Any information provided to Talli with the intention of securing a Talli Application/Payment Gateway shall vest with Talli and may be used for any purpose consistent with Applicable Law, at its discretion.

iv. If the particulars provided by You  in the KYC documents do not match with the details mentioned in the Enrolment Form, then You /You  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 Talli without prior intimation to the You .

Talli reserves the right to suspend/discontinue the Talli Application/Payment Gateway services to You  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 You

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 Your Talli Application/Payment Gateway is related, ceases to be operational or be not in Your possession or control

vii. If Talli believes, in its reasonable opinion, that cessation or suspension is necessary

viii. You  are permitted to maintain and operate only one Talli 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 Talli account and Payment Gateways associated with you and number with Talli

35. Know Your You  Compliance

KYC refers to the various norms, rules, laws and statutes issued by the RBI from time to time, including the Master Direction (Know Your You (KYC)) Direction, 2016, as amended or implemented from time to time. Talli is required to procure personal identification details from you 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 Talli Application/Payment Gateway, subject to Applicable Law and Talli's Privacy Policy. You agree that:

I. The collection, verification, audit and maintenance of correct and updated you information is a continuous process and Talli 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 Talli Application/Payment Gateway at any time if there are discrepancies in the information and/or documentation provided by You , and

iii. Subject to Applicable Law and Talli's privacy policy, any information provided to Talli, with the intention of securing Talli Application/Payment Gateway, shall vest with Talli, and may be used, for any purpose consistent with the Applicable Laws and Talli'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 Talli without prior intimation to you

36. reporting of unauthorized Payment Transactions by You s

I. You s 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. You s should notify unauthorised transactions at the earliest and shall also be informed that longer the time taken to notify Talli, higher will be the risk of loss to Talli and You

iv. Talli provides you s with the contact details to report the unauthorised transaction/ or loss or theft. The contact details are available in the You  grievance policy The loss/fraud reporting system so established shall also ensure that immediate response (including auto-response) is sent to the You s 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 you s response, if any. On receipt of the report of the unauthorised payment transactions, Talli 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 you 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 Talli

vi. The number of days mentioned above shall be counted excluding the date of receiving the communication from Talli

37. Reporting timeline for zero liability/limited liability of a consumer

I. On being notified by the You, Talli 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 Talli

ii. Talli 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. Your Obligations

I. Talli Application/Payment Gateway availability is subject to the maintenance of an active mobile phone and/or internet connection with an associated telecom provider. Talli 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 Talli Application/Payment Gateway channel or application

ii. You must ensure the availability of sufficient funds before executing any Transaction from Your Talli Application/Payment Gateway

iii. You shall be solely responsible for the confidentiality, safety and security of the One Time Pin. You 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 Talli

iv. In case the mobile phone/SIM card associated with Your Talli is lost/stolen/misplaced/ no longer in Your control, You shall promptly inform Talli. Talli will, upon receipt of such information, block the relevant account

v. You acknowledge and understand that the Talli Application/Payment Gateway is linked to your mobile phone number and you 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 You  for availing facilities with Talli and/or information submitted while using the Talli may be shared with third parties by Talli, inter alia, to facilitate the provision of the Talli, subject to Applicable Law and the term of Talli's Privacy Policy

vii. Talli’s Customers who have utilised the Talli application for Gifting shall provide on demand, the full details of the ultimate beneficiary, while all terms and conditions of Talli 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. You shall ensure that the services are not used for Transactions in any foreign currency. The Talli 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, You  agree that You  will not use the Talli 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 you do not have any right to

I. interferes with or disrupts Talli's website, servers, or networks

J. attempts to impersonate any other person

K. harm minors in any way

L. forges headers or manipulates identifiers or other data in order to disguise the origin of any content transmitted through its websites or to manipulate your 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.

 

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