Terms & Conditions
Introduction and Terms of Use
The terms and conditions contained herein after ("TERMS OF USE") shall apply to the
use of the website www.pahadibaba.online and any other linked pages, products,
software(s), API keys, features, content or application services (including but without
limitation to any mobile application services) in connection therewith, offered from time
to time by SESHAVENI INDIA PRIVATE LIMITED ("PAHADI BABA" or "WE" or "OUR"
or "US") (collectively, "WEBSITE").
Any person logging on to or using the Website (even when such person does not avail
of any services provided in the Website ("SERVICES")) (hereinafter referred to as a
"USER","SELLER", "YOU" or "CLIENT") shall be presumed to have read these Terms
of Use (which includes the Privacy Policy, separately put up on the Website) and
unconditionally and irrevocably accepted the terms and conditions set out herein (these
Terms of Use).These Terms of Use, together with the rest of the Policies (defined
below), constitute abiding and enforceable agreement between the User and Pahadi
Baba. These Terms of Use do not alter in anyway the terms or conditions of any other
written agreement you may have with Pahadi Baba for other services.
Please read the terms set out here under carefully before agreeing to the same. If you
do not agree to these Terms of Use (including any referenced policies or guidelines),
please immediately terminate your use of the Website. You can accept the Terms of
Use by:
● Clicking to accept or agree to the Terms of Use, where this option is made
available to you by Pahadi Baba in the User interface for any particular Service; or
● Accessing, testing or actually using the Services. In this case, you understand
and agree that Pahadi Baba will treat your use of the Services as acceptance of the
Terms of Use from that point onwards.
For the purpose of these Terms of Use, wherever the context so requires, the term
"User" shall mean and include any natural or legal person who has agreed to these
Terms of Use on behalf of itself or any other legal entity.
It is clarified that the Privacy Policy (that is provided separately), forms an integral part
of these Terms of Use and should be read contemporaneously with the Terms of Use.
Illegality or unenforceability of one or more provisions of these Terms of Use shall not
affect the legality and enforceability of the other terms of the Terms of Use. For
avoidance of doubt, if any of the provisions becomes void or unenforceable, the rest of
the provisions of these Terms of Use shall be binding upon the User.
The Terms of Use may be revised or altered by us at our sole discretion at any time
without any prior intimation to the User. We may reserve the right in our sole discretion
and without any prior notice, to impose and/or revise charges/commissions in relation to
the Services. The latest Terms of Use will be posted here. Any such changes by Pahadi
Baba will be effective immediately. By continuing to use this Website or to access the
Services / usage of our Services after changes are made, you agree to be bound by the
revised/ amended Terms of Use and such amendments shall supersede all other terms
of use previously accepted by the User. You are solely responsible for understanding
and complying with all applicable laws of your specific jurisdiction, including but not
limited to the provisions of our Services.
Provision of the Services being offered by Pahadi Baba
Subject to these Terms of Use, Merchant Onboarding Policy, KYC Policy, Disputes and
Grievance Redressal Policy and Privacy Policy (collectively, "POLICIES"), Pahadi Baba
offers the Services set forth in online food delivery and restaurants discovery
platform for/from verified business owners to the Users herein.
Pahadi Baba is constantly evolving in order to provide the best possible experience
and information to its Users. You acknowledge and agree that the form and nature of
the Services which Pahadi Baba provides may change from time to time without any
prior notice to you.
As part of this continuing process, you acknowledge and agree that Pahadi Baba may
stop (permanently or temporarily) providing the Services (or any features within the
Services) to you or to Users generally at Pahadi Baba's sole discretion, without any
prior notice. You may stop using the Services at any point of time. You do not need to
specifically inform Pahadi Baba when you stop using the Services.
You acknowledge and agree that if Pahadi Baba disables access to your account, you
may be prevented from accessing the Services, your account details or any files or
other content which is contained in your account and Pahadi Baba shall intimate you
regarding the same.
Pahadi Baba reserves the right to delete your User information stored in your account
including but not limited to all or any personal information or any sensitive personal data
or information ("SPDI") stored in your User account. Alternatively, a User may notify us
if they do not wish that we retain or use the personal information or SPDI by contacting
the Grievance cum Nodal Officer (as provided below). However, in such a case, we may
not be able to provide you some or all of our Services.
You acknowledge and agree that while Pahadi Baba may not currently have set a fixed
upper limit on the number of transmissions you may send or receive through the
Services, such fixed upper limits may be set by Pahadi Baba at any time, solely at
Pahadi Baba's discretion.
By using our Services you agree that Pahadi Baba disclaims any liability or authenticity
of any information that may have become outdated since the last time that particular
piece of information was updated. Pahadi Baba reserves the right to make changes
and corrections to any part of the content of this Website at any time without any prior
notice to you. Unless stated otherwise, all pictures and information contained on this
Website are believed to be in the public domain as either promotional materials,
publicity photos, photo shoot rejects or press media stock. Please contact the
Grievance cum Nodal Officer by an email if you are the copyright owner of any content
on this Website and you think the use of the above material violates the terms of the
applicable Copyright law in any manner. In your request, please indicate the exact URL
of the webpage to enable us to locate the same. We will endeavor to address your
concerns and take necessary steps, if required. Please note that all images displayed
on the Website have been digitized by Pahadi Baba. No other party is Authorized to
reproduce or republish these digital versions in any form at whatsoever without the prior
written permission of Pahadi Baba.
Pahadi Baba acknowledges and represents that it is and shall remain a Verified online
food delivery and restaurants discovery platform for its clients. Further, Pahadi
Baba shall maintain compliance with Religious Standard or other comparable industry
standards governing physical/logical security Pahadi Baba environment.
Use of the Services by User
In order to access certain Services, you may be required to open a User account with
Pahadi Baba by providing information about yourself (such as identification or contact
details) as part of the registration process("REGISTRATION DATA") for the Services, or
as part of your continued use of the Services. You agree that any Registration Data you
give to Pahadi Baba will always be accurate, correct, complete and up to date. If you
provide any information that is untrue, inaccurate, incomplete, or not current or if we
have reasonable grounds to suspect that such information is in violation of applicable
law or not in accordance with the Terms of Use (whether wholly or in part), we reserve
the right to reject your registration and/ or indefinitely suspend or terminate your User
account and refuse to provide you access to the Website. Further, you agree to
indemnify and keep us indemnified from and against all claims resulting from the use of
any detail/ information/ Registration Data that you post and/or supply to us. We shall be
entitled to remove any such detail/ information/ Registration Data posted by you without
any prior intimation to you.
Notwithstanding anything else contained in any other agreement involving you and
Pahadi Baba and/ or any other third party, in order to ensure that we are not violating
any right that you might have in your Registration Data. you hereby grant to us a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to
exercise the copyright, publicity, and data base rights (but no other rights) that you have
in the Registration Data, in any media now or in future known, with respect to your
Registration Data solely to enable us to use such Registration Data that you have
supplied to us.
Any amendment or rectification of your Registration Data in the User account can be
carried out by accessing the "User account" section on the Website. You may choose to
delete any or all of your User content/ information or even the User account at any time.
Processing such deletion may take some time, but the same shall be done by Pahadi
Baba. We may maintain backup of all User content for such time as may be required
under applicable laws and for operational purposes of Pahadi Baba. You are solely
responsible for maintaining the confidentiality of your account and password and for any
activity that occurs in or through your account. We will not be liable to any person for
any loss or damage which may arise as a result of any failure on your part to protect
your login ID or password or any other credential pertaining to your account. You should
take all necessary steps to ensure that the password is kept confidential and secure. In
case you have any reason to believe that your password has become known to anyone
else, or if the password is being, or is likely to be, used in an unauthorized manner, you
should inform us immediately at support@pahadibaba.online. In the event of any
dispute between two or more parties as to ownership of any particular account with
Pahadi Baba, you agree that Pahadi Baba shall be the sole deciding authority for such
dispute and that Pahadi Baba's decision in this regard will be final and binding on you.
You understand and undertake that you shall be solely responsible for your Registration
Data and User content and undertake to, neither by yourself nor by permitting any third
party to host, display, upload, modify, publish, transmit, update or share any information
that:
● Belongs to another person and to which you do not have any right to;
● is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
pedophilic, seditious, libelous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, relating or encouraging money laundering or
Gambling or otherwise unlawful in any manner whatsoever;
● Harms minors in any way;
● Infringes any patent, trademark, copyright to or other proprietary rights of any person
or entity anywhere in the world;
● Violates any law for the time being in force;
● Deceives or misleads the addressee about the origin of such messages or
communicates any information which is grossly offensive or menacing in nature;
● Impersonates another person;
● Contains software viruses or any other computer code, files or programs designed to
interrupt, destroy or limit the functionality of any computer resource;
● Threatens the unity, integrity, defense, 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 investigation of any offence or is insulting to any
other nation; or
● Is illegal in any other way.
You agree and understand that Pahadi Baba reserves the right to remove and/or edit
such detail/information. If you come across any information as mentioned above on the
Website, you are requested to immediately contact our Grievance cum Nodal Officer.
You agree to use the Services only for purposes that are permitted by
(a) These Terms of Use and
(b) Any applicable law, regulation or generally accepted practices or guidelines in the
relevant jurisdictions.
You agree to use the data owned by Pahadi Baba (as available on the Website or
through any other means like API(s) etc.) only for personal purposes and not for any
commercial use unless agreed to by Pahadi Baba in writing.
You agree not to access (or attempt to access) any of the Services by any means other
than through the interface that is provided by Pahadi Baba, unless you have been
specifically allowed to do so in a separate agreement with Pahadi Baba. You
specifically agree not to access (or attempt to access) any of the Services through any
automated means (including use of scripts or web crawlers) and shall ensure that you
comply with the instructions set out in any robots. Txt file present on the Services.
You agree that you will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the Services) on this
Website.
Unless you have been specifically permitted to do so in a separate agreement with
Pahadi Baba, you agree that you will not reproduce, duplicate, copy, sell, trade or resell
the Services for any purpose.
You agree that you are solely responsible for (and that Pahadi Baba has no
responsibility to you or to any third party for) any breach of your obligations under the
Terms of Use and for the consequences (including any loss or damage which Pahadi
Baba may suffer) of any such breach. You further agree to the use of your data by us in
accordance with the Privacy Policy.
Pahadi Baba may share any Content (defined hereinafter) generated by the User or
their Registration Data with governmental, statutory, law enforcement agencies and
regulatory agencies who are lawfully authorised for investigative, protective and cyber
security activities. Such information may be transferred for the purposes of verification
of identity, or for prevention, detection, investigation, prosecution pertaining to cyber
security incidents and punishment of offences under any law for the time being in force.
Eligibility
Any person who is above eighteen (18) years of age and competent to contract under
the applicable laws is eligible to access or visit the Website or avail the Services
displayed therein.
Your use or access of the Website shall be treated as your representation that you are
competent to contract and if you are registering as a business entity, then you represent
and warrant that you have the authority to bind such business entity to the Terms of
Use.
Without generality of the foregoing, use of the Website is available only to persons who
can form a legally binding contract under the Indian Contract Act, 1872 and any
amendments thereto.
The User represents and warrants that it will be financially responsible for all of User's
usage (including the purchase of any Service) and access of the Website.
The User shall also be responsible for use of User's account by others.
The Terms of Use shall be void where prohibited by applicable laws, and the right to
access the Website shall automatically stand revoked in such cases.
Content in the Services For the purposes of these Terms of Use, the term "CONTENT"
includes, without limitation, information, data, text, logos, photographs, videos, audio
clips, animations, written posts, articles, comments, software, scripts, graphics, themes
and interactive features generated, provided or otherwise made accessible on or
through the Services.
You should be aware that Content presented to you as part of the Services, including
but not limited to advertisements in the Services and sponsored Content within the
Services may be protected by intellectual property rights which are owned by the
sponsors or advertisers who provide that Content to Pahadi Baba (or by other persons
or companies on their behalf).
You may not modify, rent, lease, loan, sell, distribute or create derivative works based
on this Content (either in whole or in part) unless you have been specifically told that
you may do so by Pahadi Baba or by the owners of that Content, in writing and in a
separate agreement.
Pahadi Baba reserves the right (but shall have no obligation) to pre-screen, review,
flag, filter, modify, refuse or remove any or all Content from any Service. Pahadi Baba
reserves the right to moderate, publish, re-publish, and use all User generated
contributions and comments (including but not limited to reviews, profile pictures,
comments, likes, favorites, votes) posted on the Website as it deems appropriate
(whether in whole or in part) for its product(s), whether owned or affiliated.
Pahadi Baba is not liable to pay royalty to any User for re-publishing any content
across any of its platforms.
If you submit any material on the Website, you agree thereby to grant Pahadi Baba the
right to use, moderate, and publish any such work worldwide for any of its product,
whether owned or affiliated.
You understand that by using the Services you may be exposed to Content that you
may find offensive, indecent or objectionable and that, in this respect, your use of the
Services will be at your own risk.
You agree that you are solely responsible for (and that Pahadi Baba has no
responsibility to you or to any third party for) any Content that you create, transmit or
display while using the Services and for the consequences of your actions (including
any loss or damage which Pahadi Baba may suffer) by doing so.
Proprietary Rights
You acknowledge and agree that Pahadi Baba (or Pahadi Baba's licensors) owns all
legal and proprietary right, title and interest in and to the Services, including any
intellectual property rights which subsist in the Services (whether those rights happen to
be registered or not, and wherever in the world those rights may exist).
You further acknowledge that the Services may contain information which is designated
confidential by Pahadi Baba and that you shall not disclose such information without
Pahadi Baba's prior written consent. Unless you have agreed otherwise in writing with
Pahadi Baba, nothing in the Terms of Use gives you a right to use any of Pahadi
Baba's tradenames, trademarks, service marks, logos, domain names, and other
distinctive brand features, Unless you have been expressly authorized to do so in
writing by Pahadi Baba.
You agree that in using the Services, you will not use any trade mark, service mark,
trade name, logo of any company or organization in a way that is likely or intended to
cause confusion about the owner or authorized User of such marks, names or logos
jurisdictions do not allow the exclusion of certain warranties or conditions or the
limitation or exclusion of liability for loss or damage caused by negligence, breach of
contract or breach of implied terms, or incidental or consequential damages.
Accordingly, only the limitations which are lawful in your jurisdiction will apply to you and
our liability will be limited to the maximum extent permitted by law. Pahadi Baba
disclaims any implied warranty for Services and any use thereof.
You expressly understand and agree that your use of the Services is at your sole risk
and that the Services are provided on an "as is" and "as available" basis. To the
maximum extent permitted by applicable law, the services are provided without
warranties of any kind, whether express or implied, including, but not limited to, implied
warranties of merchant ability, fitness for a particular purpose or non-infringement. In
particular, Pahadi Baba, its subsidiaries and affiliates, and its licensors do not represent
or warrant to you that:
● The information or Contents provided on the Website are accurate, complete and
updated;
● Your use of the Services will meet your requirements;
● Your use of the Services will be uninterrupted, timely, secure or free from error;
● Any information obtained by you as a result of your use of the Services will be
accurate or reliable; and
● That defects in the operation or functionality of any software provided to you as part of
the Services will be corrected. Any material downloaded or otherwise obtained through
the use of the Services is done at your own discretion and risk and that you will be
solely responsible for any damage to your computer system or other device or loss of
data that results from the download of any such material. No advice or information,
whether or written, obtained by you from Pahadi Baba or from the use of Services shall
create any warranty not expressly stated in these Terms of Use. Representations and
Warranties of User/seller The User/seller hereby represents and warrants:
● That User/seller, in case of a natural person, is atleast 18 years old with a conscious
mind fit and proper to enter in to this agreement (the "Policies"), is a resident of India
with valid credentials and is an entity who is legally eligible to carry out or operate a
business in India;
● That the all the information and documents pertaining to his/her identity and address
proof, as submitted for the purpose of know your client (KYC) verification with Pahadi
Baba are true and genuine and are not fabricated or doctored in any way whatsoever;
● That the User shall hold and keep Pahadi Baba, its promoters, directors, employees,
officials, agents, subsidiaries, affiliates and representatives harmless from any liabilities
arising in connection with any incidental or intentional discrepancy that is found to be
there in the documents submitted by such User for the purpose of KYC formalities;
● That any incidental or upfront liability arising in connection with User's/ seller's KYC
formalities for the purpose of availing the services of Pahadi Baba shall be the absolute
responsibility and repercussion of the User and neither Pahadi Baba nor any of its
affiliates or office bearers shall be responsible in any way for any reason including for
Ascertaining the veracity of the KYC documents submitted by such User with Pahadi
Baba;
● That User/seller shall be solely responsible for understanding and complying with any
and all applicable laws relevant to the User and their business, and any liability, whether
pecuniary or otherwise, arising from any non-compliance of such applicable laws shall
be at the sole cost and risk of such User;
● That the User shall ensure that its IT systems and infrastructure are compliant with
the requirements to access the website.
● That the User/seller shall operate and conduct his/her business as per declaration
provided by such User to Pahadi Baba at the time of onboarding of such User by
Pahadi Baba and shall promptly report any change/ deviation/ addition/ deletion in the
scope of business activities of such User to Pahadi Baba;
● That all data, information, inventions, intellectual properties (including patents,
trademarks, copyrights, design and trade secrets), know-how, new uses and processes,
and any other intellectual property right, asset or form, including, but not limited to,
analytical methods, procedures and techniques, research, procedure manuals, financial
information, computer technical expertise, software for the purpose of availing of
services of Pahadi Baba and any updates or amendments there to is and shall be the
sole intellectual property of Pahadi Baba and should in no way be construed to grant
any rights and/ or title to the User in such intellectual property of Pahadi Baba;
● That User/seller shall not store any customer card and such related data in any form
or manner whatsoever.
● That it shall be the exclusive responsibility of the user/seller to ensure that the all
explained terms of business on the website are followed meticulously pertaining to their
business and that Pahadi Baba reserves the right to withhold settlements and/ or
suspend transactions of the User in case of any mismatch or violation in its terms of
business; and
● That the User/seller shall accord adequate and timely co-operation in all owing
Pahadi Baba or it's appointed agencies or regulators to conduct audits, including for
compliance with the Policies and provisions of applicable laws. Indemnity The User
shall indemnify and hold Pahadi Baba, its subsidiaries, affiliates, promoters, directors,
employees, contractors, licensors and agents and any other related or third parties
involved with Pahadi Baba in any manner whatsoever, harmless from and against all
losses arising from claims, demands, actions or other proceedings as a result of:
● Fraud, negligence and willful misconduct by the User in the use of the Services;
● Violation of applicable laws in the use of the Services and/or in the conduct of the
business of the User, including but not limited to the legal provisions mentioned under
these Terms of Use;
● Breach of the User's confidentiality obligations under these Terms of Use;
● Disputes raised by a User's customer in relation to a transaction where such dispute
is not attributable to the Services;
● Penalties, fines, charges, or any other actions as a result of breach or violation of any
the User's representations and warranties; and
● Fines, penalties and charges imposed by the Acquiring Bank, Card Payment
Networks or any governmental/regulatory/statutory Authority on account of transactions
on the User's website or platform that are in violation of applicable law. Limitation of
Liability Subject to the overall provisions stated above, you expressly understand and
agree that Pahadi Baba, its subsidiaries, affiliates, promoters, directors, employees,
agents and licensors shall not be liable to you for:
● Any direct, indirect, incidental, special, consequential, punitive or exemplary damages
which may be incurred by you, however caused and under any theory of liability. This
shall include, but not be limited to, any loss of profit (whether incurred directly or
indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of
procurement of substitute goods or Services, or other intangible loss;
● Any loss or damage which may be incurred by you, including but not limited to loss or
damage as a result of any reliance placed by you on the completeness, accuracy or
existence of any advertising, or as a result of any relationship or transaction between
you and any advertiser or sponsor whose advertisement appears on the Services;
● The deletion of, corruption of, or failure to store, any content and other
communications data maintained or transmitted by or through your use of the Services;
● Your failure to provide Pahadi Baba with accurate Registration Data; or
● Your failure to keep your password or account details secure and confidential.
The limitations on Pahadi Baba's liability to you shall apply whether or not Pahadi
Baba has/had been advised of or should have been aware of the possibility of any
losses to you.
Force Majeure Pahadi Baba shall not be in breach of its obligation hereunder if it is
delayed in the performance of, or is unable to perform (whether partially or fully) its
obligations (provide the Services) as a result of the occurrence of a Force Majeure
Event (defined below).
Force Majeure Event means any event, whatever be the origin, not within the
reasonable control of Pahadi Baba, which Pahadi Baba is unable to prevent, avoid or
remove or circumvent by the use of reasonable diligence.Force Majeure event shall
include, but shall not be limited to, acts of god, acts, orders, lockdowns, directions of
governmental/ regulatory/ judicial/quasi-judicial/law enforcement authorities/agencies
which hinders Pahadi Baba from performing its obligations under any agreement,
including these Terms of Use, with you, war, hostilities, invasion, armed conflict, act of
foreign enemy, embargoes, riot, insurrection, labour stoppages, outages and downtimes
systems failures experienced by a facility provider, revolution or usurped power, acts of
terrorism, sabotage, nuclear explosion, earthquake, pandemic, epidemic, hacking or
man in the middle attack or similar attacks/ intrusions, fires, typhoons, storms and other
natural catastrophes.
Any payment obligations of Pahadi Baba, in case of a Force Majeure event, shall be
limited by and be subject to the fulfillment of the payment obligations of the partners
banks/ financial institutions, counterparties and any other parties involved in or
intrinsically linked to the provision of the Services of Pahadi Baba.
Confidentiality
The User may receive or have access to certain confidential and proprietary
information, including without limitation, information belonging and/or relating to Pahadi
Baba and its affiliates, marketing prospects, contractors, officers, directors or
shareholders, personal data of customers of the User, financial and operational
information, billing records, business model and reports, computer systems and
modules, secure websites, reporting systems, marketing strategies, operational plans,
proprietary systems and procedures, trade secrets and other similar proprietary
information, including technical "know-how", methods of operation, business
methodologies, software, software and technology architecture, networks, any other
information not generally available to the public, and any items in any form in writing or
oral, clearly identified as confidential ("CONFIDENTIAL INFORMATION").
The User shall keep Confidential Information in confidence.
The User shall use commercial, reasonable and necessary safety measures and steps
to maintain the confidentiality and secrecy of the Confidential Information from public
disclosure, and the User shall at all times maintain appropriate measures to protect the
security and integrity of the Confidential Information.
The User shall not, without Pahadi Baba's prior written consent, divulge any of the
Confidential Information to any third party other than the User's officers, employees,
agents or representatives who have a need to know for the purposes of these Terms of
Use.
The User shall take all reasonable steps to ensure that all of its directors, managers,
officers, employees, agents, independent contractors or other representatives comply
with this paragraph, whenever they are in possession of Confidential Information as part
of this Agreement.
The User shall use the Confidential Information solely in furtherance of and in
connection with the Services contemplated under these Terms of Use.
The User further agrees that the Confidential Information will not be used by him/ her
and his/ her representatives, in any way detrimental to the interests of Pahadi Baba.
You further undertake that you shall be responsible for ensuring complete and absolute
privacy, anonymity and security of all customer data flowing through your systems
during the usage of the Services by you.
Exceptions: The aforesaid confidentiality obligations shall impose no obligation on the
User with respect to any portion of Confidential Information which:
● Was at the time received or which there after becomes, through no actor failure on the
part of the User, generally known or available to the public;
● Was at the time of receipt, known to the User as evidenced by written documentation
then rightfully in the possession of the User or Pahadi Baba;
● Was already acquired by the User from a third party who does not thereby breach an
obligation of confidentiality to Pahadi Baba and who discloses it to the User in good
faith;
● Was developed by the User without use of the Pahadi Baba's Confidential
Information in such development; or
● Has been disclosed pursuant to the requirements of applicable law, any
governmental/regulatory authority, judicial/ quasi-judicial authority provided however,
that Pahadi Baba shall have been given areas on able opportunity to resist disclosure
and/or to obtain a suitable protective order.
The User shall notify Pahadi Baba immediately upon discovery of any unauthorized
use or disclosure of Confidential Information or any other breach.
The User will cooperate with Pahadi Baba in every reasonable way to help Pahadi
Baba regain possession of such Confidential Information and prevent its further
unauthorized use.
Remedies: Parties acknowledge that irreparable damage may occur on breach of the
terms and provisions set out.
Accordingly, if the User breaches or threatens to breach any of the provisions set out,
then Pahadi Baba shall be entitled, without prejudice, to seek all the rights and
remedies available to it under applicable law, including a temporary restraining order
and an injunction restraining any breach of the provisions set out.
Such remedies shall not be deemed to be exclusive but shall be in addition to all other
remedies available under applicable law or in equity.
Risk Monitoring: We may also engage third-party service providers to assist in these
efforts and other elements of the service. If we believe there is suspicious or unusual
activity, we may temporarily or permanently suspend your access to the Service.
Advertising: Some of the Services are supported by advertising revenue and may
display advertisements and promotions. These advertisements may be targeted to the
content of information stored on the Services, queries made through the Services or
other information. The manner, mode and extent of advertising by Pahadi Baba on the
Services are subject to change without any specific notice to you.
In consideration for Pahadi Baba granting you access to and use of the Services, you
agree that Pahadi Baba may place such advertising on the Services.
Sellers receive the amount (minus Pahadi Baba's Fee or chargebacks or penalties
imposed by regulatory authorities in their bank account within T+3 bank working days
where T is defined as the date of intimation of the completion of the transaction. Pahadi
Baba shall be entitled to charge on the Fee, taxes applicable from time to time
("APPLICABLE TAXES '').
It is agreed that any statutory variations in Applicable Taxes during the subsistence of
this Agreement shall be borne by the User. Monthly invoices shall be raised by us in
respect of the Fees charged for transactions processed during such month.
Any reasonable dispute in respect of an amount (or a portion thereof) mentioned in an
invoice must be communicated by the User via notice ("INVOICE DISPUTE NOTICE")
within a reasonable period of time but no later than fifteen (15) calendar days from the
date of the invoice.
Pahadi Baba shall use good faith efforts to reconcile any reasonably disputed amounts
within reasonable time from the receipt of the Invoice Dispute Notice. In respect of
invoices received by the Client.
It is agreed that if the User pays over applicable taxes under the Indian Income Tax
laws and furnishes to us the TRACES certificate in respect of such taxes paid, then we
shall reimburse to the User, on a quarterly basis, the amount in respect of such taxes
paid.
All risks associated with the delivery of the goods or service will solely be that of the
seller and not of Pahadi Baba.Also, all disputes regarding quality, merchant ability, nondelivery, delay in delivery or otherwise will be directly between the seller and the buyer
without making Pahadi Baba, a party to such disputes.
Further, Pahadi Baba also reserves the right to close, suspend, limit or put on hold the
User's access to the account with Pahadi Baba and/ or the funds available therein,
including settlements pertaining to the User under inter alia the following scenarios:
● If such User's KYC credentials are found to be ingenuine or fake;
● If the User makes incorrect or untrue disclosure of the nature of its business;
● For violation of any of the provisions of these "Terms of Use";
● For violation of any of the provisions of any other agreement that the User has
entered in to or might enter into with Pahadi Baba;and
● For violation of any of the applicable laws by such User. Such right to close, suspend,
limit or put on hold the User's access to the account with Pahadi Baba shall continue till
such time that such User submits genuine KYC documents or credentials to the
satisfaction of the relevant authorities as per the extant rules, regulations or guidelines
with regard to KYC, as well as to the satisfaction of Pahadi Baba without prejudice to
any other legal remedy that Pahadi Baba is entitled to prefer as per applicable law.
Prohibited Services
You agree that you will not indulge into business activities or business practices,
including but not limited to the following Banned Categories of Products and Services:-
a) Adult Goods & Services- Pornography, other sexually suggestive materials;
Escort/Prostitution services. Personal Massagers/ sex toys.
b) Body Parts, including organs-Live, cultured, preserved or from cadaver.
c) Bulk marketing tools-email lists, software or other products enabling unsolicited
emails/sms.
d) Cable TV descramblers & black boxes intended to obtain cable & satellite signals for
free.
e) Child Pornography in any form.
f) Copyright unlocking devices-Mod chips or other products designed to circumvent
copy right protection.
g) Copyrighted Media- unauthorised copies of books, music, movies and other licensed
or protected materials.
h) Copyrighted Software which includes unauthorized copies of software, video games
and other licensed or protected materials including OEM or bundled software.
i) Counterfeit and unauthorized goods-replica or imitation of designer goods; fake
autographs; counterfeit stamps.
j) Drugs & drug paraphernalia which includes illegal drugs and drug accessories
including herbal drugs.
k) Drug test circumvention aids, includes drug cleansing shakes, urine test additives
and related items.
m) Endangered species-includes plants, animals or other organisms.
n) Gaming/Gambling-lottery tickets, sports bets, enrolments in online gambling sites.
p) Government ID or documents which include fake IDs, passports.
q) Hacking & Cracking materials which include manual, how-to-guides, equipment
enabling illegal access to software servers or protected property.
r) Illegal goods and goods/services promoting/enabling illegal acts.
s) Miracle cures, which are marketed as quick health fixes.
t) Offensive goods, which includes literature, products and other materials that defame
or slander any person or group of people, encourage violent acts, promote intolerance
or hatred.
u) Offensive goods, crime which includes crime scene photos or items, such as
personal belongings associated with criminals.
v) Prescription drugs or herbal drugs of any kind of online pharmacies which include
drugs / other products requiring a prescription by a recognised & licensed medical
practitioner in India or anywhere else.
y) Pyrotechnic devices & hazardous materials which includes fireworks & other
toxic/radioactive goods.
w) Regulated goods, regulated by government agencies.
x) Securities, which includes stocks, bonds, mutual funds or related financial products or
investments.
y) Tobacco & cigarettes, chewing tobacco and related products
z) Traffic devices which include radar detectors/jammers, license plate cover, traffic
Signal changers and related products.
aa) Weapons which include knives, brass knuckles, gun parts and other armaments.
ab) Wholesale currency which includes discounted currencies or currency.
ac) Live animals or animal parts/products.
ad) Multi-level Marketing schemes/Pyramid/sites using matrix scheme approach.
ae) Any intangible goods and services or aggregation/consolidation business.
af) Work at home information.
ag) Drop-Shipped Merchant.
ah) Web based telephony/e-mail/SMS/Fax/calling cards/bandwidth/data transfer or
allied services.
ai) Any product/ service that is not in compliance with all Applicable Laws whether
federal, state, both local and international including laws of India. The above list is
subject to additions/amendments (basis changes/amendments to applicable laws) by
Pahadi Baba without prior intimation to you.
These Terms of Use and any dispute or claim arising under it will be governed by and
construed in accordance with the laws of India. The Users agree that any legal action or
proceedings arising out of these Terms of Use or in connection with these Terms of Use
may be brought EXCLUSIVELY in the competent courts/ tribunals having jurisdiction in
Nainital, India and the Users irrevocably submit themselves to the jurisdiction of such
courts/tribunals.
SPECIFIED TERM AND CONDITION
1. Our business is to provide Online Business Platform to Sanatan followers and
verify the religious affiliation of all parties using this platform to provide services and get
services. Our Motto is “BY SANATANI FOR SANATANI”.
2. All employees of your business must be Sanatani.
3. Details of your employees must be uploaded on this platform while completing
registration process with photo and Aadhar & Pan card.
4. Declaration must be done for Owner and each employee’s Religion, of your
business.
5. If your business is partnership based, details of your partner must be uploaded.
6. Any change in your employee status whether new inductee or someone left the
job, must be updated on platform with reason within 07 days.
7. While you want to get onboard the Pahadi Baba platform. It will be treated as
legal consent for Pahadi Baba Team to send someone to your business compound for
checking whether you are running your business in accordance to our T&C or not. It can
be as frequent as Pahadi Baba Management consider appropriate.
8. You will display the QR code and Verification ID provided to your Business up
front of your business compound compulsorily and as much places as you want.
9. Display of varha avtar from your entrance should be like that first sight must go
on that picture.
10. You are accepting and bound by the compulsion to do all your raw material
purchase from our Sanatani Brothers and sisters.
11. If your trade in meat items/dishes it must be jhatka only.
12. Food products/Dishes supplied by your business must be fresh and
artificial/chemical taste enhancer free. Specially Ajinomoto and other harmful content.
13. Halal certified products are prohibited to sell on this platform.
14. If item delivered is substandard, mismatch of item either quantity wise or
specification wise ordered by customer and item delivered to customer. Pahadi Baba
management will take decision to secure the interest and faith of customer on this
platform. The decision taken will be accepted and agreed upon by all parties in advance
and that cannot be challenged anywhere.
15. In case your registration is not approved for being non complacent to our Terms
and conditions or non-alignment of your business pattern to our approach/ business
module, you will be given 07 days of time to settle the anomalies. After the collapse of
that period you have to apply afresh. That time period will be considered from the time
we informed you about it.
16. After getting onboard the platform, if your business found violating any regulation
set under this agreement, your verification will be withheld and penalty will be imposed
accordingly
17. Hotels, restaurants and other entities in food business while doing online
business will accept orders through Pahadi Baba platform and payment will be done
through Pahadi Baba only.
18. Businesses need to update their rate list keeping them the most competitive as
per the market.
19. Pahadi Baba management reserve all rights to do any change in terms and
conditions and charges as and when required and all the platform users need to accept
them.
Privacy
Your privacy is of utmost importance to us. Upon acceptance of these terms of use you
confirm that you have read, understood and unequivocally accepted our policies,
including the provisions of our privacy policy.
Complaints and Regulatory and Customer Grievance Redressal
Any complaints or concerns with regards to content of this website or comment or
breach of these terms of use or any intellectual property of any user, instances of
customer grievances, regulatory queries and clarifications shall be informed /
communicated to the grievance cum nodal officer at the coordinates mentioned below:
Grievance cum nodal officer E-MAIL: support@pahadibaba.online
WEBSITE: https://www.pahadibaba.online/contact
“I HEREBY CONFIRM THAT I HAVE READ THESE TERMS OF USE AND ACCEPT
THEM.”