UPDATED AND EFFECTIVE AS OF 29 APRIL 2022

Welcome to the XPayBack website https://xpayback.com/ (“Site”) and/or XPayBack mobile apps (“App”) (collectively, the “Platform”).


Welcome to the XPayBack website https://xpayback.com/ (“Site”) and/or XPayBack mobile apps (“App”) (collectively, the “Platform”).

Thank you for interest your interest in XPayBack. At XPayBack, we make it our mission to provide value in every shopping experience to maximize the savings and convenience for our customers while driving more business to our merchants by creating an integrated payment, cashback, and deals solution that works seamlessly across online and offline shopping channels.

Our Terms of Use By signing up for an account with XPayBack, you agree to be bound by these Terms of Use. XPayBack maintains the right to amend its terms and conditions, in whole or in part, at any time, with or without notice.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY SO THAT YOU ARE AWARE OF YOUR RIGHTS AND OBLIGATIONS TOWARDS THE APPLICABLE XPAYBACK COMPANY IN YOUR JURISDICTION (XPAYBACK PTE. LTD. (UEN: 201417484N) IN SINGAPORE AND XPAYBACK PRIVATE LIMITED (CIN: PENDING) IN INDIA) AND ITS RELATED COMPANIES, SUBSIDIARIES AND AFFILIATES (INDIVIDUALLY AND COLLECTIVELY, “XPAYBACK”, “WE”, “US” OR “OUR”) IN RESPECT OF THE ACCESS AND USE OF THE PLATFORM AND/OR SERVICES PROVIDED BY US.

BY ACCESSING THE PLATFORM, USING THE SERVICES, AND/OR REGISTERING FOR AN ACCOUNT WITH US, YOU GIVE YOUR ACCEPTANCE OF AND CONSENT TO THESE TERMS OF USE, WHICH SHALL INCLUDE THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO AND/OR IMPOSED BY US FROM TIME TO TIME. YOUR ACCEPTANCE OF THESE TERMS OF USE SHALL CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN XPAYBACK AND YOU AS THE USER. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, IN WHOLE OR IN PART, PLEASE DISCONTINUE ACCESSING AND USING THE PLATFORM, ACCOUNT, AND/OR SERVICES IMMEDIATELY.

Definition

"Agreement" means the terms and conditions as detailed herein including all schedules, appendices, annexures, Privacy Policy, and Disclaimer, and will include the references to this Agreement as amended, novated, supplemented, varied, or replaced from time to time.

"User" or "You" or "Your" refers to you, as a user of the Services. A user is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'retail store/restaurant business page' to manage claimed business listings or otherwise.

"XPayBack"/ "we"/ "us"/ "our" shall mean XPayBack Pte. Ltd. or its affiliates, franchisees, service providers, successors and assigns "Site" means the online shopping platform owned and operated by XPayBack Pte. Ltd.

"Customer"/"Buyer" shall mean the person or any legal entity who accesses the Website and application and places an order for and or purchases any products /services against the invitation of an offer for sale of products/services on the Website and application.

"Product" shall mean the Products offered for sale on the website and application from time to time

"Delivery" shall mean the physical delivery of goods under your order placed with us

"Price" means the price communicated at the time of order and confirmed by us

"Payment Facility" shall mean an applicable mode of payments made available to the User from time to time.

"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your Content" or "User Content" means content that you upload, share or transmit to, through, or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, profile information, and any other materials that you publicly display or displayed in your account profile. "XPayBack Content" means content that XPayBack creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports, and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than XPayBack or its users and is available on the Services.

XPayBack General Terms of Use

XPayBack Pte. Ltd. (“XPayBack”) offers, amongst other things, cashback to XPayBack account holders for purchases made at XPayBack’s merchant partners through XPayBack’s various platforms including but not limited to its website, browser extension, and mobile application (the “XPayBack Platforms”). The use of the services (the “Services”) offered on the XPayBack Platforms and accounts maintained with XPayBack shall be subject to these terms and conditions (the “Agreement”). This Agreement constitutes a legally binding agreement between each individual who uses the Services or who maintains an account with XPayBack. By using any of the Services or maintaining an account with XPayBack, you acknowledge that you have read and understood this Agreement and agree to be bound by all of its terms. XPayBack may modify this Agreement from time to time, with or without notice, and your continued use of any of the Services or continued maintenance of an account with XPayBack shall constitute and be deemed to be your acceptance of such modification and your consent to abide by any terms thereof.

Services Overview

The “Services” we provide or make available include (a) the Platform, (b) the features provided or introduced from time to time on the Platform and software made available through the Platform, including, but not limited to, “Fave Deals”, “FavePay” and “FavePay Later” and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, tools, application services (including, without limitation, any mobile application services) or other materials made available on or through the Platform or its related services (“Content”). Any new features added to or augmenting the Services are also subjected to these Terms of Use. These Terms of Use shall bind all users who use the Platform and/or any Services provided by us such as our customers and/ or consumers (“Users”, “User”, “you” or “your”).

The Marketplace is a platform for domestic consumers to transact with participating merchants/local stores, who have been granted access to the Marketplace to display and offer products for sale through the Marketplace. For abundant clarity, the Company does not provide any services to users other than providing the Marketplace as a platform to transact at their own cost and risk, and other services may be specifically notified in writing.

The Company is not and cannot be a party to any transaction between you and the third-party sellers, or have any control, involvement, or influence over the products purchased by you from such third party sellers or the prices of such products charged by such third-party sellers. The Company, therefore, disclaims all warranties and liabilities associated with any products offered on the Marketplace.

As part of the registration process on the Site, XPayBack may collect the following personally identifiable information about you: Name including first and last name, alternate email address, mobile phone number, and contact details, 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.

The Services comprise a platform that presents you with a set of one or more retailer virtual storefronts from which you can select goods for picking, packing, and delivery by individual personal shoppers (“Personal Shoppers”) to your location or, if available, for you to pick up in-store. Picking, packing, or delivery services may be performed by third parties including a retailer or third-party logistics provider (collectively, “Third Party Providers”).

When you use the Services to place an order for products, you authorize the purchase and delivery of those products from the retailers you select. Unless otherwise specified, you acknowledge and agree that XPayBack and the Personal Shopper are acting as your agents in the picking, packing, and/or delivery of goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from the retailer you have selected, that retailer is the merchant of record, and that title to any goods passes to you when they are purchased at the applicable retailer’s store.

You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and XPayBack, XPayBack does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services.

Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotions offers, and availability. XPayBack reserves the right to correct any errors, inaccuracies, or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice. Please note that prices of products on the Services may be different than prices offered for the same products in-store by the same retailer.

Eligibility

If you are a minor i.e. under the age of 18 years but at least 13 years of age you may use the Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. If your age is below 18 years your parents or legal guardians can transact on behalf of you if they are registered users. You are prohibited from purchasing any material which is for adult consumption and the sale of which to minors is prohibited.

By subscribing to or using the website and application or any of our services through the Website and application you agree that you have read, understood, and are bound by the Terms, Policies, and directions of XPayBack regardless of how you subscribe to or use the Website and application. This Agreement comes into effect upon your "Acceptance" of these terms and conditions ("Terms") however XPayBack at its sole discretion reserves its right not to accept a User from registering on the Website and application without assigning any reason thereof.

You agree and undertake not to display, upload, modify, publish, transmit, update or share any information that:

  1. belongs to another person and to which you do not have any legal right
  1. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, 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;

iii. harm minors in any way;

  1. infringes any patent, trademark, copyright, or other proprietary rights or third party's trade secrets or rights of publicity or privacy;
  1. violates any law for the time being in force;
  1. impersonate another person

vii. contains software viruses or any other computer code, files, or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancelbots, easter eggs, or other computer programming routines that may damage, detrimentally interfere with, diminish the value of, surreptitiously intercept or expropriate any system, data or personal information.

Amendments

XPayBack may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensuring continued compliance with these Terms. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other XPayBack policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other XPayBack policies. As long as you comply with these Terms of Use, XPayBack grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and XPayBack policies (including but not limited to Cancellation & Refund Policy, Privacy Policy, and Notice and Take Down Policy) as may be posted on the Platform from time to time.

Translation of the terms

XPayBack may provide a translation of the English version of the Terms into other languages. You understand and agree that any translation of the Terms into other languages is only for your convenience and that the English version shall govern the terms of your relationship with XPayBack. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.

Pricing

The Company aims to ensure that the prices of all products offered for sale are true and correct. However, from time to time, the prices of certain products may not be current or may be inaccurate on account of technical issues, typographical errors, or incorrect product information provided to the Company by third-party sellers. In each such case, notwithstanding anything to the contrary, the Company reserves the right to cancel the order without any further liability. The prices mentioned at the time of ordering will be the prices charged on the date of the delivery. Although prices of most of the products do not fluctuate on a daily basis some of the commodities and fresh food prices do change on a daily basis. In case the prices are higher or lower on the date of delivery no additional charges will be collected or refunded as the case may be at the time of the delivery of the order.

Despite our best efforts, there may be an instance of mispricing of items in our catalog/offer on the Website and application. However, we verify prices as part of our dispatch procedures. If a product's correct price is lower than our stated price, we charge the lower amount and send you the item. If a product's correct price is higher than our stated price, you may return at the time of delivery, or we may not supply the product unless the problem gets resolved and if you do not want to purchase the Product at such a higher price we shall cancel your order and refund you the amount paid by you for such canceled transaction as per existing refund policy.

Our online price may not match the offline price at the store. You shall not raise any dispute on the same.

Use of Platform and Services

XPayBack grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and XPayBack’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have XPayBack’s written permission, you may not attempt to extract the source code of the Services. You may only access the Services through the interfaces that XPayBack provides for that purpose, and you may not interfere or attempt to disrupt the Services.

Some parts of the Services may allow you to upload or submit content (such as text, images, video, recipes, lists, links, and other materials). You retain all rights to any content that you upload or submit, and are solely responsible for that content. You grant XPayBack a non-exclusive, royalty-free, worldwide, transferable, sublicensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. XPayBack may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.

You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, XPayBack will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.

If you are using XPayBack on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.

In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Personal Shoppers and individuals who support XPayBack’s Help Center. XPayBack reserves the right to decline orders, refuse partial or full delivery, terminate accounts, and/or cancel orders at any time in its sole discretion.

We’re constantly modifying and improving the Services. XPayBack may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide XPayBack with any feedback on or comments regarding the Services, you grant XPayBack the right to use such feedback or comments for any purpose without restriction or payment to you.

If you have any requests for order cancellations, refunds, or returns, please visit your account to initiate such requests or review our Help Center articles for our policies regarding the same.

All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services, and after-sales services related to products and services. XPayBack does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. XPayBack may, however, offer support services to Merchants with respect to order fulfillment, payment collection, call center, and other services, pursuant to independent contracts executed by it with the Merchants.

XPayBack 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 respective party terms and conditions. XPayBack takes no responsibility for such offers.

XPayBack neither makes any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services 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 or services on the Platform. XPayBack accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

XPayBack is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. XPayBack cannot and does not guarantee that the concerned Buyers and/or Merchants will perform any transaction concluded on the Platform. XPayBack is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products that are out of stock, unavailable, or back-ordered.

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

XPayBack is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to food efficacy, quality, or any other such issues, XPayBack shall notify the same Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.

PayGyft Communications

By creating an XPayBack user account, you agree to accept and receive communications from XPayBack, Merchants, Delivery Agents, and Shoppers, including via email, text message, calls, and push notifications to the cellular telephone number you provided to XPayBack. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver prerecorded messages sent by or on behalf of XPayBack, its affiliated companies, and/or Shoppers, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time in Your Account Settings.

If you use the Services to order a prescription drug product (where available), you understand and agree that customer inquiries must be conducted via telephone. You also understand and agree that a third-party pharmacy and/or XPayBack may send you unencrypted SMS messages, push notifications, or other electronic notifications relating to prescription drug products that you order through the Services. There is some level of risk that information in such communications could be read by an unintended third party. By using the Services to order a prescription drug product, you explicitly disclaim any liability against XPayBack for any harm or damage arising out of or in connection with any SMS messages, push notifications, and/or other electronic notifications.

Transactions involving Alcohol

You may have the option to order delivery of alcohol products in some locations and from certain retailers. You agree that you will comply with all applicable laws and not cause XPayBack, your Shopper, or any retailer to contravene any applicable laws. You agree that you are of the legal drinking age for purchasing, possessing, and consuming alcohol (i.e., 21 years of age or older). If you order alcohol products, you understand and acknowledge that neither XPayBack nor a Shopper can accept your order of alcohol products, and the order will only be delivered if the retailer accepts your order. You agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the Shopper delivering the alcohol products, that the recipient will not be intoxicated when receiving delivery of such products, and that alcohol has not been purchased with the intent to resell the alcohol or provide the alcohol to someone who is not of legal drinking age. You agree that if any applicable legal requirements for the delivery of alcohol are not met, XPayBack reserves the right to cancel the alcohol-related portion of your order. Special requests or substitutions for the purchase of alcohol products will not be honored; all requests for the purchase of alcohol products must be made through the catalog available through the Services at the time of submitting the order.

Delivery of Prescription Drug Products

You agree that XPayBack is not a pharmacy and that we make no referrals or recommendations as to which pharmacies you should use for prescription processing. You also agree that you are solely responsible for the selection of the pharmacy dispensing the prescription. XPayBack makes no warranties regarding the quality of the prescription drug products or the services provided by the pharmacy. If you have any issues with the processing of your prescription, you should contact the pharmacy directly.

You agree that, upon delivery of prescription drug products, the recipient will provide valid government-issued identification proving their age to the Shopper delivering the prescription drug products, that the recipient will indicate their relationship to you (if the recipient is not you), and that any prescription drug product delivered through the Services has not been purchased with the intent to resell the prescription drug product or provide the prescription drug product to someone other than to whom it is prescribed.

You also agree that XPayBack does not provide any medical advice, diagnosis, or treatment and that no pharmacy-patient relationship nor physician-patient relationship exists between XPayBack and you as a result of your use of the Services. We encourage you to consult with your healthcare professional or pharmacist regarding all health-related issues.

By using the XPayBack platform to have a prescription drug product delivered for a child or other member of your household, you represent and warrant that it is your intention not to consume or use the medication but instead to transfer the medication to the ultimate consumer or user for his or her consumption.

IF YOU ARE HAVING A MEDICAL EMERGENCY, CONTACT YOUR LOCAL EMERGENCY ASSISTANCE SERVICE IMMEDIATELY.

Third-party Products and Content

You agree that XPayBack does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services. If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that XPayBack will have no liability based on such purchase, use, or access.

Exactness / Accuracy of product:

We have made significant efforts to accurately display the colors/dimensions / specifications of products that appear on the Website and application. However, we do not warrant/guarantee that the product description or other content of this Website and application is accurate, complete, reliable, current, or error-free. We have made every effort to display the colors of our products that appear on the Website as accurately as possible. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Copyright: All Content included on the website and application, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of XPayBack, its affiliates, or its content suppliers and is protected by the Intellectual Property Laws.

Trademarks: The trademark XPayBack, its logo and all products and logos denoted with TM/Ⓡ are trademarks owned or registered trademarks of XPayBack or its affiliates.

Intellectual Property Claims: XPayBack and its affiliates or its content suppliers respect the intellectual property of others. If you believe that your intellectual property rights have been used in a way that gives rise to concerns of infringement, please write to us with your concerns.

XPayBack Membership

From time to time, XPayBack offers some customers trials or other promotional memberships. Such trial or promotional memberships are subject to these Terms except as otherwise stated in the promotional offer and are for new customers or certain members only. Only one trial or promotional membership is available per household. XPayBack may change the monthly or annual fee charged for XPayBack Membership at any time, but any such fee change will not apply to current XPayBack members until such time as your current membership expires and your membership is renewed for another term.

We may change other terms or conditions applicable to XPayBack Membership from time to time. Any new or renewed XPayBack Memberships will be subject to the terms of service active at that time and displayed when you sign up for XPayBack Membership. XPayBack may also make such changes with respect to current XPayBack Memberships. In that case, XPayBack will provide you with notice at checkout of the changes and when those changes will take effect.

Your XPayBack Membership cannot be transferred or assigned. XPayBack reserves the right to accept, refuse or cancel your XPayBack Membership at any time at its sole discretion.

Cancellation of membership by you

XPayBack Membership once purchased, cannot be canceled.

Termination / Cancellation of membership by XPayBack

 

We may terminate your XPayBack Membership at our discretion without notice. If we do so, we will issue a credit note to you and give you a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for termination related to conduct that we determine, in our discretion, violates these Terms or any applicable law, involves fraud or misuse of the XPayBack Membership, or is harmful to our interests or another user. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.

XPayBack Cashback

These terms and conditions relating to eligibility for Cashback shall be in addition to and not in substitution of or derogation to the terms and conditions governing the use/access of Marketplace.

  1. A user shall be entitled to cashback on a specific purchase/order as indicated at the time of checkout of the final order on the Marketplace.
  2. No Cashback shall be available for orders which are canceled. Any Cashback offered may be recovered by the Company, without notice to the user, in such cases. Any Cashback offered for orders for which a refund claim is made, whether in part or in full, shall be adjusted to remove Cashback attributable to the extent of the order refunded.
  3. Cashback offers cannot be clubbed with any other offers and cannot be assigned/ transferred to any other person.
  4. The Company reserves the right to, without liability or prejudice to any of its other rights, at any time, without previous notice, and from time to time, withdraw/suspend/amend/cancel the Cashback offers, and the terms applicable thereto.
  5. Cashback will reflect in a user’s XPayBack Cashback Wallet within 1-3 working days; however, for some orders, it can take 7 working days from the delivery of the order for the cashback to reflect.
  6. Users shall not hold the Company or its group entities, or affiliates, their respective directors, officers, employees, or agents, responsible for or liable for, any actions, claims, demands, losses, damages, costs, charges, and expenses which a user claims to have suffered, sustained or incurred, or claims to suffer, sustain or incur, by way of and/or on account of any purchase made through the Application, whether with or without Cashback.
  7. The Company does not in any manner endorse or support or promote, in any specific manner, the purchase of products or undertaking of transactions inter alia which are subject to Cashbacks.

Payment Policy:

XPayBack offers you multiple payment options both online and offline however XPayBack reserves its right to add or delete any mode of payment without any prior notice.

  1. Offline Payment Mode:

Cash on Delivery (CoD) - The buyer needs to make payment in cash to the delivery person at the time of receipt of delivery of the Products at its delivery location

Food Coupons on Delivery - Food Coupons shall be accepted at the sole discretion of XPayBack against the value of Ready to Eat / certain category of food items on the invoice at the time of delivery of Products at the delivery location. Items permissible for purchase through food coupons shall change without prior notice and you shall have the option to cancel the item/order or shall pay in cash or card.

Card on Delivery: A mobile EDC machine may be made available at your doorstep to facilitate payment by Credit / Debit Card. However due to prevailing network conditions in your area or any technical glitch in the equipment or any other reason, if the EDC terminal is not able to collect the payment, you shall make payment by cash.

In cases where payment is attempted but remains unsuccessful and a successful charge slip does not get generated, you shall make the payment in cash for that particular order. In certain cases, though you may receive a payment confirmation SMS from your bank, the amount generally gets reversed in the same account. You may raise the incident with the customer care number on the back of the card to reverse the amount in case of unreasonable delay, XPayBack will not be responsible for such failed attempts due to any network or technical reasons. We on our part, upon request of the customer, after due verification with our back end team may give a written confirmation of the non-receipt of payment for you to appropriately take up with the card-issuing bank.

  1. Online Payment Mode:
  1. Credit Cards
  1. Debit Card

iii. Net Banking

  1. Wallet Payment

Acceptance:

We accept payments made by most of the major credit/debit cards issued in India. Acceptance of card payment is at the sole discretion of XPayBack and you may be asked to submit a copy of photo identity proof too. However, XPayBack reserves its right to deny acceptance of card payment without any prior notice.

Order:

You can place your order with us either on our Website and application or over the phone and choose any of our payment modes made available to you. In case of payment is to be made offline, the Buyer needs to pay the invoice amount in cash/coupon/card at the time of delivery of the Product at its doorstep/preferred location.

Orders will be processed for shipment/delivery upon selection of your preferred delivery location, date, and time, and confirmation by us. XPayBack may change the maximum order value of COD and items/locations available for COD without prior intimation.

Payment:

While availing any of the payment method/s available on the Website and application, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

  1. Lack of authorization for any transaction/s, or
  1. Exceeding the present limit mutually agreed by you and your issuing bank, or

iii. Any payment issues arising out of the transaction, or

  1. Decline of transaction for any other reason/s

XPayBack reserves its right to change the price of any product on the Website and application at any time without any notice. Prices stated at the time an order is placed shall apply with respect to that order.

You represent and confirm that the credit/debit card that is being used is yours or that you have been specifically authorized by the owner of the credit/debit card to use it. You further agree and undertake to provide the correct and valid credit card details to carry out a transaction on the Website and application. All credit/debit cardholders are subject to validation checks and authorization by the card issuer. If the issuer of your payment card refuses to authorize payment to us, we will not be liable for any delay or non-delivery.

In case of payment is made online, before shipping / delivering your order to you, we may request you to provide a copy of the photo identity proof document as acceptable to XPayBack to establish your ownership of the payment instrument used by you for your purchase. This is done in the interest of providing a safe online shopping environment to our users.

XPayBack reserves the right to impose limits on the number of transactions that PayGyft may receive from an individual valid credit/debit/ valid bank account and reserves the right to refuse to process transactions exceeding such limit.

XPayBack reserves its right to refuse to process Transactions by Buyers with a prior history of questionable charges including without limitation breach of any agreements by the buyer with XPayBack or breach/violation of any law or any charges imposed by the bank or breach of any policy. XPayBack may do such checks as it deems fit before approving the buyer's order ) for security or other reasons at the discretion of XPayBack. As a result of such a check, if XPayBack is not satisfied with the credibility of the Buyer or the genuineness of the transaction, it will have the right to reject such an order. XPayBack may delay dispatch or cancel any transaction at its sole discretion, if XPayBack is suspicious of any Buyer's authenticity or activity or if the Buyer is conducting high transaction volumes, to ensure the safety of the transaction.

In cases where the payment of an online order does not get successfully communicated to our system due to any network or technical issue between intermediary, bank, or payment gateway, the order shall not be processed and a refund will be initiated for the same. However in an unsuccessful attempt, if the customer’s account gets debited, such amounts generally get auto reversed in the same account. However, XPayBack shall not be held responsible for such amounts debited in unsuccessful attempts and customers can raise reversal requests with their bank should there be any unreasonable delay in refund.

Buyer acknowledges that XPayBack will not be liable for any damages, interests, claims, etc. resulting from not processing a transaction or any delay in processing a transaction that is beyond the control of XPayBack.

We do not make any cash refunds.

RETURN, EXCHANGE & REFUND

1) Return & Refund Policy:

We endeavor to provide the best quality products every single time you order with us.

We have a "no questions asked return and refund policy" which entitles all our customers to return the product at the time of delivery if they are not satisfied with the quality, freshness, or physical condition of the product. At the time of delivery, we will take the returned product back with us and issue a credit note for the value of the return products which will be credited to your account on the Site. This can be used to pay your subsequent shopping bills.

Products once sold and delivered to you, shall be eligible for return only if the product condition is found to be damaged, broken, faulty, or different from the ordered one. You can return the product(s), purchased from us under your order as per below, provided the product(s) packs are sealed/unopened/unused and in original condition.

Product Category

Reason for Return: Damaged / Faulty / Broken/ Leaking

Bread / Fruits & Vegetable / Eggs

Within 1 day of delivery

Dairy Products

Within 1 day of delivery

Non Food

Within 3 days of delivery

Packaged Food

Within 3 days of delivery




Exchange Policy:

All products listed on our Website and application can be exchanged or returned subject to the following conditions:

Product Condition: A product cannot be exchanged or returned unless it is defective, broken, faulty, leaking, or not of satisfactory quality. In case of return/exchange, you must return the product to us in the same original condition as is supplied by us. Products, under the following instances, cannot be accepted by us as/under Return:

  1. damages due to mishandling of product;
  1. products with tampered or missing labels;

iii. Products without all original packaging and accessories, including the box, manufacturer's packaging if any, original invoice, and all other items originally included with the product(s) delivered.

  1. Product Accessories / Freebies / Bundles & Combos: All the product accessories available with the product and/or all the freebies associated with the product and/or other products associated as "bundles" or "combos" with the product should also be returned so as to enable us to initiate the exchange or return process.
  1. Validity Period for Return/Exchange: Subject to Return/Exchange Policy, a purchased product can be exchanged or returned within 1 (One) to 3 (Three) days from the date of delivery/placing an order depending on the nature of the product as mentioned hereinabove.

Cancellation Policy:

You can cancel your order fully or partially anytime up to the cut-off time of the slot for which you have placed an order by calling our customer service. In such a case we shall refund any payments already made by you for the order as per the prevailing Refund Policy.

On receipt of the cancellation notice, we shall cancel the order and refund the entire amount if the order has not been processed by us. Cancellation of Order can't be done/accepted once the products under your order are released for the dispatch/ shipped out from our delivery location.

ALL RETURNS, EXCHANGES,S, AND CANCELLATIONS OF PRODUCTS ARE SUBJECT TO THE MANUFACTURER'S WARRANTIES AND THE INVOICE TERMS AND CONDITIONS.

4) Delivery/Shipping Policy: Delivery Timelines: We will make every effort to get your order delivered to you as per your convenient/ chosen available slot.

  1. The products ordered by You shall be available for delivery as per the allotted delivery slot during the delivery hours. If you fail to take delivery on the agreed slot, your order and delivery thereof shall be treated as canceled.
  1. At the time of taking delivery of the products, You shall quote the PIN No. at the Delivery Point.

iii. The person at the Delivery Point authorized to deliver the product may decline to deliver the product if he finds any inconsistency as regards Order No. / PIN No or any other detail of the order

  1. Subject to availability of the ordered product at the Delivery Point on the delivery day, XPayBack shall deliver the product to You as per schedule, failing which XPayBack shall inform You of a revised schedule for delivery of the Product. You may ask for cancellation/modification of the Order on account of this.
  1. It is your responsibility to count and check all the products while accepting the Products as per your Order. No dispute will be entertained by XPayBack once you accept the products at the Delivery Point.
  1. You shall accept the product without demur in the following circumstances:
  1. If the products delivered to you are in accordance with your order, or
  1. Loose Fruits and Vegetables with minor weight variation due to moisture loss

We request you to check all the Products at the time of delivery. Complaints pertaining to short weight will not be entertained if the complaint is not lodged immediately on delivery.

You Agree and Confirm

  1. 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 XPayBack for redelivery shall be claimed from you.
  2. That you will use the services provided by the Site, its affiliates, consultants, and contracted companies, for lawful purposes only and comply with all applicable laws and regulations while using and transacting on the Site.
  3. You will provide authentic and true information in all instances where such information is requested of you. XPayBack reserves the right to confirm and validate the information and other details provided by you at any point in 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 websites without prior intimation whatsoever.
  4. You authorize XPayBack to contact you for any transactional purposes related to your order/account.
  5. That you are accessing the services available on this Site and transacting at your sole risk and are using your best and prudent judgment before entering into any transaction through this Site.
  6. That the address at which delivery of the product ordered by you is to be made will be correct and proper in all respects.
  7. 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.

Disclaimer:

You acknowledge and undertake that you are accessing the services on the Website and application and transacting at your own risk and are using your best and prudent judgment before placing an order or availing of the services or entering into any transactions with us through our Website and application. We shall not be held liable nor responsible for any representations or warranties/guarantees of the products save and except the limited manufacturer's warranty/guarantee on the respective Product is assigned unto us and we hereby expressly disclaim all responsibility and liability in that regard.

Severability:

If any of these Terms is deemed invalid, void, or unenforceable in whole or in part for any reasons, such invalidity or unenforceability condition or part thereof will be deemed severable and will not affect the validity and enforceability of any remaining condition or part of such condition / Terms

Indemnification:

You agree to defend, indemnify and hold harmless XPayBack and its officers, directors, employees, agents, shareholders, affiliates, and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines, and expenses, including without limitation lawyers’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

You hereby expressly release XPayBack and/or its affiliates and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions/inactions of the Manufacturers/Brand owners of the Products purchased through the website and application and specifically waiver any claims or demands that you may have in this behalf under any statute, contract or otherwise.

This clause shall survive the expiry or termination of this Agreement.

Limitation on Liability:

In no event shall we or our affiliates be liable for any special, indirect, incidental, consequential, or exemplary damages including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses arising out of or in connection with the Website and application, its services or this User Agreement whatsoever, whether in an action of contract, negligence or other tortious action.

Without prejudice to the generality of this section, the total liability of XPayBack to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the product ordered by you. However, in case of missing a delivery in transit, Our liability is limited only to delivery at a later agreed time at no additional charge.

SERVICE PROVIDED AS-IS AND RELEASE OF CLAIMS

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYGYFT DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND WARRANTIES, EXPRESS, LEGAL, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT. IN ADDITION, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAYGYFT MAKES NO REPRESENTATION, WARRANTY, CONDITIONS, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY SHOPPERS OR THIRD-PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES FROM RETAILERS, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. PAYGYFT DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY, OR ABILITY OF SHOPPERS, THIRD-PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY SHOPPERS OR THIRD-PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT NEITHER PAYGYFT NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY PERSONAL SHOPPER OR THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY PERSONAL SHOPPER OR THIRD-PARTY PROVIDER. NEITHER XPAYBACK NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY, OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY PERSONAL SHOPPER OR THIRD-PARTY PROVIDER.

If you have a dispute with one or more Shoppers or Third-Party Providers, you agree to release XPayBack (including XPayBack’s affiliates, and each of their respective officers, directors, employees, agents, shareholders, retail partners, licensors, and suppliers) from any claims, demands, and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

Reviews, Feedback, Submissions

All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted, or offered to the Site on or by this Site or otherwise disclosed, submitted, or offered in connection with your use of this Site (collectively, the "Comments") shall be and remain the property of XPayBack. Such disclosure, submission, or offer of any Comments shall constitute an assignment to XPayBack of all worldwide rights, titles, and interests in all copyrights and other intellectual properties in the Comments. Thus, PayGyft 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. XPayBack 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. XPayBack 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 Site 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 will be or contain libelous 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". XPayBack 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 Site. You grant XPayBack 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 XPayBack and its affiliates for all claims resulting from any Comments you submit. XPayBack and its affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.

Objectionable Material

You understand that by using this Site or any services provided on the Site, 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 Site and any service at your sole risk and that to the fullest extent permitted under applicable law, XPayBack and its affiliates shall have no liability to you for Content that may be deemed offensive, indecent, or objectionable to you.

Termination Policy

This User Agreement shall be effective from the date and time of your acceptance of the Terms of the Website and application and remain in force unless and until terminated by either of us. You may terminate this Agreement at any time, provided that you discontinue any further use of this Site. We may terminate this User Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, Such termination will be without any liability to us. Upon any termination of the User Agreement by either of us, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the User Agreement or otherwise. Any such termination of the User Agreement shall not cancel your obligation to pay for the product already ordered from the Site or affect any liability that may have arisen under the User Agreement.

Privacy policy: The use of this Site is subject to our Privacy Policy. We respect your privacy and shall not intentionally monitor or disclose any private messages or address information unless required by law, regulation, or court order. You agree to respect the privacy and confidentiality of others.

We reserve the right to change or update these policies at any time without any prior notice effective immediately upon posting to this site.

Waiver: Our failure to enforce any provision of the Terms or respond to a breach by you shall not in any way waive our right to enforce subsequently any provision of the Terms or to act with respect to similar breaches.

Entire Agreement: This agreement constitutes the entire and final agreement regarding the Website and application and its contents, and supersedes any prior or contemporaneous communications between you and us regarding the Website and application and its contents.

Reserved Rights of XPayBack: We may discontinue this Website and application at any time and for any reason, without notice. All rights not expressly granted herein are hereby reserved to us.

Applicable Law: Any dispute arising out of these terms and conditions, user agreement, privacy policy, or the documents they incorporate by reference and/or your use of the Website and application shall be governed and construed in accordance with the laws of Singapore, notwithstanding any conflicts of law.

Disclaimer: This Website and application provide Content without any warranties or guarantees and on an "As Is" and "where-is" basis. You must bear the risks associated with the use of the Site. This Website and application provide content from other Internet sites or resources and while PayGyft and its software support service provider try to ensure that material included on the Website and application is correct, reputable and of high quality, it cannot accept responsibility if this is not the case. PayGyft and its affiliates shall not be held responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Website and application. PayGyft, its affiliates or its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness, and/or timeliness of any content, information, software, text, graphics, links, or communications provided on or through the use of the Website and application or that the operation of the Website and application will be error-free and/or uninterrupted. Consequently, PayGyft and its affiliates/associates assume no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Website and application; and/or any interruption or errors in the operation of the Website and application.