Call to Order
Pincon Spirit Limited (PSL) , a company incorporated under Indian Companies Act, 1956 and having registered office at 3rd Floor, Wellesley House, 7 Red Cross Road, Kolkata 700001 is the registered owner / License of the website Buydrinkz.com dealing in retailing Alcohol products.
This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
As part of the registration process on the Website / Mobileapp, PSL may collect the following details personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number and contact details, present and permanent address, Postal code, Demographic profile (like your age, gender, occupation, education, address etc.) and information about the pages on the site you visit/access, the links you click on the site, the number of times you access the page and any such browsing information.
Eligibility Services of the Site would be available to only select geographies in India. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 are not eligible to use the Site. If you are age is less than 21 years they you should not register as member.
License & Site access
PSL grants you a limited sub-license to access and make personal use of this Website / Mobileapp and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of PSL. The Website / Mobileapp and its source code is exclusive property of PSL. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any purpose without express written consent of PSL. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Site or of PSL and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing the Site’s or PSL’s name or trademarks without the express written consent of PSL. Any unauthorized use terminates the permission or license granted by PSL
Account & Registration Obligations
All User/ You/shoppers have to register and login for placing orders on the Site. You have to keep your account and registration details current and correct for communications related to your purchases from the Website / Mobileapp. By agreeing to the terms and conditions, the You/ User /shopper agrees to receive promotional communication upon registration. The customer can opt out by contacting the customer service.
All the products listed on the Website / Mobileapp will be sold at competitive price . The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. The prices of the product can fluctuate. Prices prevailing at the time of delivery is the final pricing and additional charges will be collected or refunded as the case may be at the time of the delivery of the order. The sale of products listed on the Website/Mobileapp is subject to availability. PSL shall not be held liable in case, the product chosen by You cannot be supplied for the reasons beyond PSL’s control.
Cancellation by Site / Customer
You as a customer can cancel your order at least 2 hours before the start time of your delivery slot, you can simply call our call center & request this change. Refunds will be credited to your ‘My Wallet’ account. If we suspect any fraudulent transaction by any customer or any transaction which defies the terms & conditions of using the Website / Mobileapp, we at our sole discretion could cancel such orders. We will maintain a negative list of all fraudulent transactions and customers and would deny access to them or cancel any orders placed by them.
You Agree and Confirm
That in the event that a non-delivery occurs on account of a mistake by you (i.e. wrong name or address or any other wrong information) any extra cost incurred by PSL for redelivery shall be claimed from you.
That you will use the services provided by the PSL, Stores/Website / Mobileapp, its affiliates, consultants and contracted companies, are for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
You will provide authentic and true information in all instances where such information is requested of you. PSL reserves the right to confirm and validate the information and other details provided by you at any point of time. If upon confirmation your details are found not to be true (wholly or partly), it has the right in its sole discretion to reject the registration and debar you from using the Services and / or other affiliated Website / Mobileapps without prior intimation whatsoever.
That you are accessing the services available on this Website / Mobileapp and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
That before placing an order you will check the product description carefully. By placing an order for a product you agree to be bound by the conditions of sale included in the item's description.
You may not use the Website / Mobileapp for any of the following purposes:
Disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material.
Transmitting material that encourages conduct that constitutes a criminal offence or results in civil liability or otherwise breaches any relevant laws, regulations or code of practice.
Gaining unauthorized access to other computer systems.
Interfering with any other person's use or enjoyment of the Website / Mobileapp/.
Breaching any applicable laws;
Interfering or disrupting networks or web Website / Mobileapp/ connected to the Website / Mobileapp Making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
The Sale Of Alcoholic Beverages
We do not sell alcohol to persons under the age of 21 . By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and we will rely upon this representation because if we are held liable for any reason if that is not true, you agree to indemnify us and/or reimburse us and be responsible for all costs, expenses (including legal fees) and damages we suffer or incur. We make every effort to ensure that alcoholic beverages are not sold or delivered to anyone who is under the age of 21. By using this site you are acknowledging that the person receiving a shipment of alcoholic beverages from us is over the age of 21. You also agree that any alcohol purchased from us is intended for personal consumption and not for resale. If you cannot make these affirmations and representations or you do not agree with all of these conditions of use please do not use this site. If you intentionally or unintentionally misrepresent your age in order to obtain or provide alcohol to a person under the age of 21, we will report this to the appropriate authorities and prosecute you fully to the extent allowable by law.
Title And Ownership
All alcoholic beverages passes from us to the purchaser at the store, in the State the alcoholic beverage is purchased, and it is the purchaser’s sole responsibility to ship and/or arrange for shipping from our store/warehouse to his/her home State. By arranging for transportation or shipping of any alcoholic beverage under your instructions, we are providing a service to, and acting on behalf of you, or the purchaser if another party. By having us arrange the shipping on your behalf, you are also representing that you are acting in a fashion compliant with the laws and regulations of your State, municipality and any others that apply to you regarding the purchase, shipping, transportation and delivery of alcoholic beverages, including, without limitation, wine. You affirm and represent that you have obtained any and all required permission or consent, paid any required fees, and are working through properly licensed intermediaries where required, and you, or the purchaser or other intended or actual recipient, is legally entitled to receive and take possession of alcoholic beverages, is legally entitled to the quantities ordered and delivered and once again represents that he/she is 21 years of age or older.
Our site may contain links to other websites and/or resources. You acknowledge and agree that we are not responsible or liable for their (1) availability or accuracy; or (2) content, advertising or products on or made available. The inclusion of any link on our site does not imply that we endorse, verify, have reviewed or monitor the link or the site reached through the link.
"Communication" means any customer agreements or amendments thereto, disclosures, notices, responses to claims, transaction history, privacy policies and all other information related to your use of the site, including but not limited to information that we are required by law to provide to you in writing. We will give you any necessary Communications by posting them on our site. You authorize us to send any Communications and all changes to such Communications electronically. You must provide at your own expense an Internet connected device that is compatible with the minimum requirements outlined below. You also confirm that your device will meet these specifications and requirements and will permit you to access and retain the Communications electronically each time you access and use the applicable services.
Disclaimer Of Warranties
Although we endeavor to provide current, accurate and reliable information on our site, we cannot and do not warrant, promise, guarantee or make any representations regarding the accuracy, security, reliability or any use of the functions, features, operations, Content or information. We cannot and do not warrant your use of our site, or the operation or function of the our site, any component, feature, function, capability or offer or any products, software or services, will be uninterrupted or error free, or that defects or malfunctions will be corrected or that the site is free of viruses or other harmful elements.
Your use of our site is solely and fully at your own risk and you assume full responsibility for all costs and expenses associated with servicing and/or repair in any way connected or arising from attempted, alleged or actual use or access of our site. We make no representations about the suitability, reliability, availability, timeliness and accuracy of the our site.
Limitation Of Liability
In no event shall we and/or our officers, directors, partners, owners, agents, contractors, representatives and/or be liable to you or anyone else for any indirect, punitive, incidental, special or consequential damages or any damages whatsoever, including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with our Web site, this Agreement, the use or performance of our Web site, the delay or inability to use our Web site, the provision of or failure to provide services, or for any events, information, software, products, services and related graphics obtained through the our Web site, or otherwise arising out of the use of our Web site, whether based on contract, tort, negligence, strict liability or otherwise, even if we or any other party may have been advised of the possibility of damages.
If you are dissatisfied with any portion of our Web site, or with any part of this Agreement or your transactions with us, your sole and exclusive remedy is to discontinue using our Web site. This sole and exclusive remedy is separate and independent of any other provision that limits our liability or your remedies under this Agreement.
We have made every effort to display the products that appear on the Website / Mobileapp/ as accurately as possible. However, as the actual image you see will depend on your monitor/gadget screen, we cannot guarantee that your gadget’s display of any colour will be accurate.
Modification of Terms & Conditions of Service
PSL may at any time modify the Terms & Conditions of Use of the Website / Mobileapp without any prior notification to you. You can access the latest version of these Terms & Conditions at any given time on the Site. You should regularly review the Terms & Conditions on the Site. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the Service. However, if you continue to use the Service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this Website / Mobileapp/.
Governing Law and Jurisdiction
This User Agreement shall be construed in accordance with the applicable laws of India. The Courts at Kolkata shall have exclusive jurisdiction in any proceedings arising out of this agreement. Any dispute or difference either in interpretation or otherwise, of any terms of this User Agreement between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by PSL and his decision shall be final and binding on the parties hereto. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall be held in Kolkata. The High Court of judicature at Kolkata alone shall have the jurisdiction and the Laws of India shall apply.
Reviews, Feedback, Submissions
All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to the Site on or by this Website / Mobileapp or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of PSL. Such disclosure, submission or offer of any Comments shall constitute an assignment to PSL of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, PSL owns exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. PSL will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way. PSL is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Website / Mobileapp will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Website / Mobileapp will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam". PSL does not regularly review posted Comments, but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Website / Mobileapp. You grant PSL the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify PSL and its affiliates for all claims resulting from any Comments you submit. PSL and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
Copyright & Trademark
PSL, its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Website / Mobileapp Access to this Website / Mobileapp does not confer and shall not be considered as conferring upon anyone any license under any of PSL or any third party's intellectual property rights. All rights, including copyright, in this Website / Mobileapp are owned by or licensed to PSL. Any use of this Website / Mobileapp or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of PSL. You may not modify, distribute or re-post anything on this Website / Mobileapp for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks or service marks of PSL, its affiliates, its partners or its suppliers. All other marks are the property of their respective companies. No trademark or service mark license is granted in connection with the materials contained on this Website / Mobileapp. Access to this Website / Mobileapp does not authorize anyone to use any name, logo or mark in any manner. References on this Website / Mobileapp to any names, marks, products or services of third parties or hypertext links to third party Website / Mobileapp or information are provided solely as a convenience to you and do not in any way constitute or imply PSL endorsement, sponsorship or recommendation of the third party, information, product or service. PSL is not responsible for the content of any third party Website / Mobileapp and does not make any representations regarding the content or accuracy of material on such Website / Mobileapp. If you decide to link to any such third party Website / Mobileapp, you do so entirely at your own risk. All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Website / Mobileapp (collectively, the "Contents") are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website / Mobileapp for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Website / Mobileapp or any related software. All software used on this Website / Mobileapp is the property of PSLor its licensees and suppliers and protected by Indian and international copyright laws. The Contents and software on this Website / Mobileapp/ may be used only as a shopping resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Website / Mobileapp/ is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks, trade dress and/or other intellectual property owned, controlled or licensed by PSL, one of its affiliates or by third parties who have licensed their materials to PSL and are protected by Indian and international copyright laws. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Website / Mobileapp is the exclusive property of PSL and is also protected by Indian and international copyright laws.
You understand that by using this Website / Mobileapp/ or any services provided on the Website / Mobileapp/, you may encounter Content that may be deemed by some to be offensive, indecent, or objectionable, which Content may or may not be identified as such. You agree to use the Website / Mobileapp/ and any service at your sole risk and that to the fullest extent permitted under applicable law, PSL and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.
While PSL endeavors to ensure that the contents of the Website are accurate and reliable, PSL makes no representations about the suitability of the information and services contained or obtained through this Website for any purpose, or the results that may be obtained from using this Website. All such information is provided “as is” without warranty of any kind. PSL does not make any representation or warranty with respect to the veracity or the completeness of the information available on the Website and assumes no liability or responsibility for any omissions or errors in the information available on the Website. In no event shall PSL and/or its affiliates be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of or in any way connected with the use of this Website, or for any information or services obtained including products purchased, through this Website, or otherwise arising out of the use of this Website, whether based on contract, equity, tort, strict liability or otherwise, even if PSL or any of its affiliates has been advised of the possibility of damages.
All information and products available on/through this Website are provided on an “as is” and “as available” basis. With respect to the contents,products and information available on the Website, PSL does not make any representation or warranty, express or implied, of any kind, including, but not limited to, warranties of merchantability, non-infringement, or fitness for any particular purpose, except as expressly stated in writing.
The User agrees that some or all of the contents on this Website may be unavailable, from time to time. It is further agreed that PSL does not make any representation or warranty that the contents of this Website are free from viruses or other items of destructive nature.
This Website may contain forward-looking statements about PSL and/or PSL’s financial and operating performance, business plans and prospects, in-line products and product development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. PSL undertakes no obligation to publicly update or revise any forward-looking statements. The information contained on this Website does not comprise a prospectus or an admission document and does not contain or constitute or form part of any offer or invitation, or any solicitation of an offer to invest in the shares, or any other products or services or otherwise deal in these or enter into a contract with PSL or any other company. The information provided should not be relied upon in connection with any investment decision. Accordingly, PSL assumes no liability or responsibility for any decisions made on the basis of any forward-looking statements.
You agree to defend, indemnify and hold harmless PSL, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney's fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to PSL or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfilment of any of your obligations under this User Agreement or arising out of the your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
This User Agreement is effective unless and until terminated by either you or PSL. You may terminate this User Agreement at any time, provided that you discontinue any further use of this Website / Mobileapp/. PSL may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Website / Mobileapp/, Such termination will be without any liability to PSL. Upon any termination of the User Agreement by either you or PSL, you must promptly destroy all materials downloaded or otherwise obtained from this Website / Mobileapp, as well as all copies of such materials, whether made under the User Agreement or otherwise. PSL's right to any Comments shall survive any termination of this User Agreement. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Website / Mobileapp or affect any liability that may have arisen under the User Agreement.