Terms of Use

Terms and conditions of use

Welcome to carrybag.com website and mobile applications (each our “Services”). This page (together with the documents referred to on it) tells you the terms and conditions on which our partners supply any of their Products (the “Products”) listed on our site to you. Please read these terms and conditions carefully before ordering any Products from our site. By using our site and placing an order you agreed to be bound by these terms and conditions and our terms of use policy.

If you have any questions relating to these terms and conditions, please contact [email protected] before you place an order. If you do not accept these terms and conditions in full please do not use our Services.

Information About us

carrybag.com is a website operated by Carrybag Innovations LLP (“we” or “us” or “our” or “Carrybag” or “Carrybag powered by Qbytez”), incorporated and registered in the State of Kerala – India, whose registered office is at Unit 17, Sahya, Cyber park, Kozhikode 16, Kerala, india. Carrybag powered by Qbytez is a business where products prepared or offered by a variety of independent businesses (our”Partners”) and promoted and delivered by us, or in some cases, by our Partners themselves.

Acceptable use

You may use our Services only for lawful purposes. You may not use our Site or our Services in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards in clause 5 below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site or our Services or any network or equipment used in the provision of our Services.

Interactive features of our site

We may from time to time provide certain features which allow you to interact through our Site or our Services such as chat rooms. Generally, we do not moderate any interactive Services we provide although we may remove content in contravention of these Terms of Use. If we do decide to moderate an interactive Services, we will make this clear before you use the Services and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

Our site and services change regularly

We aim to update our Site and our Services regularly and may change the content at any time. If the need arises, we may suspend access to our Site and our Services, or close them indefinitely. Any of the material on our Site or our Services may be out of date at any given time, and we are under no obligation to update such material.

Content standards

These content standards apply to any and all material which you contribute to our Services (the”Contributions”), and to any interactive Services associated with it. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Contributions as well as to its whole. Contributions must be accurate (where they state facts), be genuinely held (where they state opinions) and comply with the applicable local law. Please refer to the Governing Law and Jurisdiction Clause for more details. Contributions must not:

contain any material which is defamatory of any person, obscene, offensive, hateful or inflammatory, promote sexually explicit material or promote violence or promote discrimination based on race, sex, religion, nationality, disability or age;

infringe any copyright, database right or trademark of any other person;

be likely to deceive any person or be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidentiality or promote any illegal activity;

be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety or be likely to harass, upset, embarrass, alarm or annoy any other person;

be used to impersonate any person, or to misrepresent your identity or affiliation with any person or give the impression that they emanate from us, if this is not the case; or

advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse

Suspension and termination

Failure to comply with section 3 (Acceptable Use) and/or 5 (Content Standards) in these Terms of Use constitutes a material breach of the Terms of Use, and may result in our taking all or any of the following actions:

immediate, temporary or permanent withdrawal of your right to use our Services;

immediate, temporary or permanent removal of any posting or material uploaded by you to our Services;

issuing of a warning to you;

legal action against you including proceedings for reimbursement of all costs on an (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

The responses described in this clause are not limited, and we may take any other action we reasonably deem appropriate.

Services availability

Carrybag powered by Qbytez offers an ordering and delivery Services from our partners throughout Kerala. Each Partner has a prescribed delivery area. This is to ensure that their Products reach the recipient when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible for DELIVERY and only available for PICKUP. Operating hours will vary depending on local trading conditions and the availability of our Partner. Our aim is to provide the best integrated Services possible. Unfortunately, things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving the desired targets in this regard. We will do our best to ensure that your order is delivered by the time specified in the email and webpage. The timing of your order is determined by considering the number of orders and the circumstances being faced by the Partner at that time. Delivery time that is showing in the Partner’s store logo interface as AVG 45 min for example, it means the average time, it is not a fixed time for the delivery, it would be more or less depending on partners and the traffic conditions. On the other hand, the expected delivery time is not fixed time it can be less or more by upto 60 minutes.

Orders

When you place an order through our Services, an in app notification thanking you for your order and confirming your order has been received and accepted by the Partner (the “Confirmation”) order through us will be between you and the Partner, and will only be formed when you have been sent a Confirmation notification by us. Please ensure that you have given us details as this is how we will communicate with you about your Order. Please also ensure that you provide an accurate address and telephone number to ensure that your order arrives to the correct location. If you do not open the door or respond to telephonic correspondence within 5 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Product. We seek to provide a quality Services and will be the first contact in the event there is a problem with your order. We do monitor our Partners very closely and it is of utmost importance to us that they comply with our standards and help us maintain our reputation. Please let us know if you have any comments relating to our Partner or in respect of the orders by emailing or calling our Customer Services in your respective country.

Cancellation

You have the right to cancel an order within a reasonable time and before the order becomes a Started Order. A Partner will classify a bad order as any order which is cancelled after product has been used to start preparing the order (a “Started Order”). Customers can cancel an order by contacting the Partner. Carrybag and the Partner may cancel any order and will tell you once we cancel an order and will tell you the reason of cancellation. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Carrybag or a Partner will usually be reimbursed using the same method you used to pay for your order and if the payment was not cash, the refund will be within Seven to Fourteen working days. Any order cancelled after it becomes a Started Order will be charged to you. Carrybag alone will determine whether an order is a Started Order or not.

Price and payment

The price of any orders will be listed on our Services. Prices will vary between items and stores. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the order confirmation, in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the orders listed on our Services may be incorrectly priced. The relevant Partner will normally verify prices as part of the order process. Payment for all orders can be made by cash on delivery or credit or debit card through our Services. Once your order has been confirmed your credit or debit card will have been authorized and the amount marked for payment. Payment is made directly to Carrybag powered by Qbytez and is subsequently passed on by us to the Partner. We are authorized by our Partner to accept payment on their behalf and payment of the price of any Product to us will discharge your obligations to pay such price to the Partner store.

Service fee

Carrybag powered by Qbytez is an intermediary between the customer and the Partner, not a seller to under the regulations of the Ministry of Commerce and Industries. We are charging customers for providing a Services, please be aware that the fee may be increased or decreased at any time.

Refunds

Carrybag powered by Qbytez takes customer satisfaction very seriously. If there are problems with your order, please contact us through our live chat email or direct call, and we will assist you. If you have already been billed by us , we will issue full or partial refunds, as deemed appropriate and determined solely by us . Any refund will either be made in cash or as a credit on the Carrybag powered by Qbytez application, however, if you paid by credit card and wish to have the credit refunded to your card, please notify us immediately of your request. Credits provided on our application will expire within seven (7) days of the date on which the credit is issued.

Coupons

All coupons are one-time use only.

Applicable for All stores (unless otherwise stated)

Coupon amount does not include delivery charge (unless otherwise stated)

Not redeemable for cash or credit.

Cancelled orders paid with coupons cannot be redeemed for credit or cash

Only one code can be used per order.

Minimum order for free delivery coupon is 200 INR OR THE EQUIVALENT IN THE LOCAL CURRENCY, or as Carrybag sees appropriate, please be aware that this may be changed or cancelled at any time

Coupon validity is limited and differs for each coupon.

Coupon codes cannot be redeemed against sale items.

If a user did not redeem full amount of the coupon, same coupon cannot be used again to redeem remaining amount.

Carrybag reserves the right to cancel or modify any order, or revoke the use of Coupons for any reason, including due to: Suspicious or fraudulent purchasing activity or coupon use; coupon abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or coupon used in bad faith (including resold Vouchers )

Payment data policy

If as a Debit Card user, you select to save your Debit Card user data, your data will be cached locally on your device. You have the option to accept or decline to save your data in this manner. Whenever you update your data, your cached data will be updated automatically. At any time, you can disable this feature and remove your data through your profile settings. Where you have selected to save your data as specified above, such selection is entirely at your own risk and you irrevocably waive any rights you may have under any laws regulations or otherwise, now or in the future to make any claims, demands or take any legal actions against us, our employees, agents, affiliates, or contractors (together the “Releases”) in connection to your data including (without limitation) any claims demands or actions for any accessing, theft, processing or tampering with the data. You also agree to hold harmless and indemnify each and every one of the Releases from and against any claims of whatsoever nature and howsoever arising, including legal expenses and costs, which may be made now or in the future against them by you and/or any other party, in connection with any of the matters recited above.

Intellectual property rights

We are the owners of or the licensee of all intellectual property rights in our Site and our Services, and in the material published on it (excluding your Contributions). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You may not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use any content on our site in any way except for your own personal, non-commercial use.

Reliance on information posted

Commentary and other materials posted on our Services are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Services, or by anyone who may be informed of any of its contents.

Our liability

To the extent permitted by law, Carrybag powered by Qbytez provides our Services and content on an “as-is” and “as available” basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Services, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither we nor any Partner shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Services. In the event that we or the Partner is found to be liable to you our total aggregate liability is limited to the purchase price of the Product you have paid for in your order. This does not include or limit in any way Carrybag powered by Qbytez’s or any Partner’s liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation. There are some partners where our role and responsibility is solely acting as an intermediary between the customer and the products in exchange only for the delivery fee, without any liability to the entity of origin as it relates to the delivery. Carrybag powered by Qbytez is only an intermediary and it’s not responsible for the preparation of the items. The Partner may offer an alternative for any Product they cannot provide you with. Please call our Partner Merchants prior to ordering if you have an allergy. Carrybag powered by Qbytez cannot guarantee that any of the Items sold by our Partners are free of allergens.

Information about you and your visits to our site and use of our services

We collect certain data about you as a result of you using our Services. This is described in more detail in our privacy policy.

Uploading material to our site and our services

Any material you upload to our Services or data that we collect as set out above (section 11) will be considered non-confidential and non-proprietary, and you acknowledge and agree that we have the right to use, copy, distribute, sell and disclose to third parties any such material or data for any purpose related to our business. To the extent that such material is protected by intellectual property rights, you grant us a perpetual, worldwide, royalty-free license to use, copy, modify, distribute, sell and disclose to third parties any such material or data for any purpose related to our business.

Links from our site

Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

Governing law and jurisdiction

Any claims (including non-contractual dispute or claims) arising from, or relating to, the use of this site or our Services shall be governed by and construed in accordance with the applicable local law of the country in which the claim has arisen, and the local courts of that country shall have exclusive jurisdiction. For example, if the claim arises in India, then the laws of India apply, and the Courts of Kozhikode, Kerala, India shall have exclusive jurisdiction.

Force majeure

No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, flood, explosion, pandemic, epidemic or civil commotion.

Severability

If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.

Entire agreement

These terms contain the whole agreement between the parties relating to its subject matter and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter.

Variations

We may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

Your concerns

If you have any concerns about material which appears on our Services, inbox it at: [email protected].

Last Updated: June 7, 2020, If you have any questions about this Agreement, please contact us at [email protected]