Terms of Use

1.1 Key Definitions

'Account' means the account created by a User on the Platform for accessing and using the services provided by Graame.

'Affiliate' means, in relation to any entity, any other entity that controls, is controlled by, or is under common control with, such entity.

'Content' means any information, data, text, software, music, sound, photographs, graphics, video, messages, reviews, comments, or other materials of any kind, whether publicly posted or privately transmitted.

'Delivery Partner' means independent contractors engaged by Graame or third parties to provide delivery services, who are not employees or agents of Graame.

'Digital Payment' means payment made through credit cards, debit cards, net banking, UPI, digital wallets, or any other electronic payment method accepted on the Platform.

'Force Majeure Event' means any event or circumstance or combination of events and circumstances beyond the reasonable control of Graame including but not limited to acts of God, natural disasters, epidemics, pandemics, war, terrorism, civil commotion, labor disputes, government actions, technical failures, or any other cause beyond Graame's reasonable control.

'Graame Services' means the quick commerce services provided through the Platform including but not limited to marketplace facilitation, delivery coordination, payment processing, customer support, and ancillary services.

'Merchant' or 'Seller' means any person or entity that lists products for sale on the Platform and with whom Users may transact.

'Personal Data' means any information that relates to a natural person, which either directly or indirectly, in combination with other information available or likely to be available to Graame, is capable of identifying such person.

'Platform' means the Graame website, mobile applications (iOS and Android), APIs, and any other digital interfaces through which Graame Services are provided.

'Products' means goods, items, services, or offerings listed by Merchants on the Platform and available for purchase by Users.

'Registration Data' means information provided by Users during account registration including but not limited to name, email address, phone number, and other required details.

'Services' means all services provided by Graame through the Platform including marketplace facilitation, order processing, delivery coordination, payment processing, customer support, and related services.

'Terms' or 'Terms of Use' means these terms and conditions as may be amended from time to time.

'Third Party' means any person or entity other than the User and Graame.

'User Generated Content' means any content created, uploaded, posted, sent, received, or stored by Users on the Platform.

1.2 Interpretation

In these Terms of Use:

• References to 'including' mean 'including without limitation'
• Words in the singular include the plural and vice versa
• References to any gender include all genders
• Headings are for convenience only and do not affect interpretation
• References to any law include amendments, modifications, or re-enactments thereof

2.1 Eligibility Criteria

Age and Legal Capacity Requirements:

• Transaction on the Platform is available only to persons who can form legally binding contracts under the Indian Contract Act, 1872
• Persons who are 'incompetent to contract' within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents, persons of unsound mind, or persons disqualified under any law are not eligible to use the Platform
• If you are a minor (under the age of 18 years), you may use the Platform only under the supervision and prior consent/permission of a parent or legal guardian
• As a minor, if you wish to transact on the Platform, such transaction may only be made by your legal guardian or parents who shall be liable for all obligations arising from such transactions

Business and Commercial Use:

• The Platform is primarily intended for individual consumers for personal, domestic, and household use
• Business users, resellers, institutions, wholesalers, or other commercial entities may use the Platform subject to separate terms and verification requirements
• Commercial use without prior authorization is strictly prohibited

Geographic Restrictions:

• Services are available only in select geographic locations within India as determined by Graame
• Users outside serviceable areas may browse the Platform but cannot place orders
• International users may face additional restrictions and verification requirements

2.2 Account Registration and Management

Registration Requirements:

• Users must provide accurate, current, and complete information during registration
• Registration requires a valid mobile phone number and email address for verification
• Additional information may be required based on order value, location, or regulatory requirements
• Users may be required to verify their identity through government-issued documents

Account Security:

• Users are responsible for maintaining the confidentiality of account credentials
• Users must notify Graame immediately of any unauthorized use of their account
• Sharing account credentials with third parties is prohibited and may result in account termination
• Graame may implement additional security measures including two-factor authentication

Account Verification:

• Graame reserves the right to verify user information at any time
• Verification may be required for high-value transactions or regulatory compliance
• Failure to provide required verification may result in account restrictions or termination
• False or misleading information may result in immediate account termination

3.1 Service Description

Quick Commerce Services:

Graame operates as a quick commerce platform providing rapid delivery of everyday essentials, groceries, food items, and consumer goods. The Platform facilitates connections between Users and Merchants for the purchase and delivery of Products.

Marketplace Model:

• Graame acts as an intermediary platform connecting Users with Merchants
• All transactions are between Users and Merchants, with Graame facilitating the transaction
• Graame does not take title to, possession of, or ownership rights in Products
• Product quality, authenticity, and availability are the sole responsibility of Merchants

Technology Services:

• Order management and processing systems
• Inventory management and real-time availability tracking
• Payment processing and settlement services
• Delivery coordination and tracking systems
• Customer support and grievance redressal mechanisms

3.2 Service Availability and Limitations

Geographic Coverage:

• Services are available in select cities, areas, and pin codes as determined by Graame
• Service areas may change without prior notice based on operational requirements
• Some Products may have additional geographic restrictions based on regulatory requirements

Operating Hours:

• Platform services are generally available 24/7 subject to maintenance and technical requirements
• Delivery services may have specific operating hours that vary by location
• Emergency maintenance may interrupt services without prior notice

Product Availability:

• Product availability is subject to Merchant inventory and operational capacity
• Real-time inventory updates may have delays due to technical limitations
• Out-of-stock items may be automatically removed from orders or result in order cancellation

4.1 Information Accuracy and Updates

Mandatory Information:

If You use the Platform, You shall be responsible for maintaining the confidentiality of your Display Name and Password and You shall be responsible for all activities that occur under your Display Name and Password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with these Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of your membership on the Platform and refuse to provide You with access to the Platform.

Primary Identifiers:

Your mobile phone number and/or e-mail address is treated as Your primary identifier on the Platform. It is your responsibility to ensure that Your mobile phone number and your email address is up to date on the Platform at all times. You agree to notify Us promptly if your mobile phone number or e-mail address changes by updating the same on the Platform through a one-time password verification.

Liability for Account Usage:

You agree that Graame shall not be liable or responsible for the activities or consequences of use or misuse of any information that occurs under your Account in cases, including, where You have failed to update Your revised mobile phone number and/or e-mail address on the Platform.

4.2 Account Sharing and Multiple Profiles

Account Sharing Restrictions:

If You share or allow others to have access to Your account on the Platform ('Account'), by creating separate profiles under Your Account, or otherwise, they will be able to view and access Your Account information. You shall be solely liable and responsible for all the activities undertaken under Your Account, and any consequences therefrom.

Confidentiality Requirements:

You must maintain confidentiality of the account information and for all the activities that occur under Your account. You must not share your login details, i.e., username and password of Your account with any other person, else it would be considered breach of these Terms of Use.

Session Management:

You agree to: (a) ensure that You successfully log out from Your account at the end of each session; and (b) immediately notify Graame of any unauthorized use of Your account. If there is reason to believe that there is likely to be a breach of security or misuse of Your account, We may request You to change the password or we may suspend Your account without any liability to Graame, for such period of time as we deem appropriate in the circumstances.

5.1 Electronic Communication Consent

Communication Channels:

When You use the Platform or send emails or other data, information or communication to us, You agree and understand that You are communicating with Us through electronic records and You consent to receive communications via electronic records from Us periodically and as and when required. We may communicate with you by email, SMS, phone calls, push notifications, WhatsApp, or such other mode of communication, electronic or otherwise.

Promotional Communications:

By agreeing to these Terms, you agree to receive promotional communications, transactional communications, service updates, and newsletters from Graame and its group companies/affiliates. You can opt out from promotional communications by using the opt-out options available in such communications or by updating your preferences in your account settings.

Important Service Communications:

You cannot opt out of receiving important service-related communications such as order confirmations, delivery updates, payment confirmations, security alerts, and legal notices.

6.1 Marketplace Facilitation

Transaction Framework:

The Platform enables the Buyer and Seller to transact on the Platform. Graame is not and cannot be a party to or control in any manner any transaction between the Platform's Users.

Commercial Terms:

All commercial/contractual terms are offered by and agreed to between Buyers and Sellers alone. The commercial/contractual terms include without limitation price, 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. Graame 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 Sellers.

Order Processing:

• Placement of order by a Buyer with Seller on the Platform is an offer to buy the product(s) by the Buyer to the Seller
• It shall not be construed as Seller's acceptance of Buyer's offer to buy the product(s) ordered
• The Seller retains the right to cancel any such order placed by the Buyer, at its sole discretion
• The Buyer shall be intimated of order cancellation by way of email/SMS/push notification
• Any transaction price paid by Buyer in case of such cancellation by Seller, shall be refunded to the Buyer

6.2 Platform Disclaimers and Limitations

Quality and Authenticity:

Graame does not make 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. Graame does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform.

Merchant Relationships:

• Graame accepts no liability for any errors or omissions, whether on behalf of itself or third parties
• Graame is not responsible for any non-performance or breach of any contract entered into between Buyers and Sellers
• Graame cannot and does not guarantee that the concerned Buyers and/or Sellers will perform any transaction concluded on the Platform
• Graame shall not and is not required to mediate or resolve any dispute or disagreement between Buyers and Sellers

Product Information:

• Graame does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of its Users
• You are advised to independently verify the bona fides of any particular User that You choose to deal with on the Platform and use Your best judgment in that behalf
• Graame does not at any point of time during any transaction come into or take possession of any of the products or services offered by Seller nor does it at any point gain title to or have any rights or claims over the products or services offered by Seller to Buyer

7.1 Order Placement and Confirmation

Order Process:

• Users can browse products, add items to cart, and place orders through the Platform
• Order placement requires user authentication and payment authorization
• Order confirmation does not guarantee product availability or delivery
• Orders are subject to acceptance by Merchants and verification by Graame

Order Modifications:

• Order modifications may be possible before order processing begins
• Changes to delivery address, contact details, or order items may be restricted after confirmation
• Additional charges may apply for order modifications
• Some modifications may require order cancellation and re-placement

Bulk Order Restrictions:

The Seller may cancel an order wherein the quantities exceed the typical individual consumption. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity that exceeds the typical individual consumption. What comprises a typical individual's consumption quantity limit shall be based on various factors and at the sole discretion of the Seller and may vary from individual to individual.

7.2 Delivery Services and Logistics

Delivery Partnership Model:

We facilitate delivery of orders placed on the Platform through independent contractors, i.e., delivery partners, on a principal-to-principal basis. For abundant clarity, the delivery partners are neither employees nor agents of Graame, and they are purely associated with Graame as independent service providers on a principal-to-principal basis and are not exclusively bound by Graame to provide delivery services at any given point.

Delivery Partner Relationships:

To clarify, there exists no principal–agent relation between Graame and the delivery partner, and as such, Graame, in no case whatsoever, can be held liable for the act(s)/omission(s) of the delivery partner.

User Conduct with Delivery Partners:

You are expected to respect the dignity and diversity of delivery partners and also enable provision of a secure and fearless work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards delivery partners. We reserve the right to withhold your access to the Platform and otherwise limit your access to the Platform at our absolute discretion if you behave with a delivery partner in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful.

7.3 Delivery Terms and Conditions

Delivery Timeframes:

• Estimated delivery times are approximate and subject to various factors
• Delivery may be delayed due to weather, traffic, high demand, technical issues, or other circumstances beyond our control
• Graame does not guarantee delivery within estimated timeframes
• Delivery times may vary by location, product type, and time of day

Delivery Address and Recipient:

• Users must provide accurate and complete delivery address information
• Delivery will be attempted at the provided address during operating hours
• Users must be available to receive delivery or authorize an alternate recipient
• Delivery to wrong address due to user error is not eligible for refund

Failed Delivery Procedures:

• Multiple delivery attempts may be made at Graame's discretion
• Failed deliveries due to user unavailability may result in order cancellation
• Additional charges may apply for re-delivery attempts
• Perishable items may not be eligible for re-delivery

8.1 Product Pricing and Display

Dynamic Pricing:

• Product prices are determined by Merchants and may change without notice
• Prices may vary based on location, demand, inventory levels, and other factors
• Surge pricing may apply during peak hours or high-demand periods
• All prices are inclusive of applicable taxes unless otherwise specified

Pricing Errors:

Disclaimer: Pricing on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information published by seller may be incorrectly reflected and in such an event seller may cancel such your order(s).

Display Currency:

All prices displayed on the Platform are in Indian Rupees (INR) unless otherwise specified.

8.2 Service Charges and Fees

Platform Charges:

Graame reserves the right to charge various service fees including but not limited to:

• Platform fees for facilitating transactions
• Delivery charges based on distance, time, and demand
• Convenience charges for specific services
• Small order handling fees for orders below minimum value
• Payment processing fees for certain payment methods
• Peak time surcharges during high-demand periods
• Rain or weather surcharges during adverse conditions

Fee Transparency:

All applicable charges and fees will be clearly displayed during the checkout process before order confirmation. By placing an order, you agree to pay all applicable charges.

Fee Modifications:

Graame may modify its fee structure from time to time. Changes will be communicated through the Platform and will be applicable to future orders.

8.3 Payment Methods and Processing

Accepted Payment Methods:

The Platform accepts various payment methods including:

• Credit cards (Visa, Mastercard, American Express, etc.)
• Debit cards (Visa, Mastercard, Rupay, Maestro, etc.)
• Net banking from major Indian banks
• UPI (Unified Payments Interface)
• Digital wallets (Paytm, PhonePe, Google Pay, etc.)
• Cash on Delivery (where available)
• Buy Now Pay Later services
• Gift cards and promotional credits

Payment Authorization:

By providing payment information, you authorize Graame to charge the selected payment method for all applicable amounts. You represent that you have the legal right to use the payment method and that the information provided is accurate.

Payment Processing:

• Payments are processed through secure, PCI-compliant payment gateways
• Payment confirmation is required before order processing
• Failed payments may result in order cancellation
• Payment disputes should be directed to the respective payment provider

International Cards:

We accept international credit and debit cards from select countries. Additional verification may be required for international transactions.

9.1 Order Cancellation Policy

User-Initiated Cancellations:

• Orders may be cancelled by users before they are processed for delivery
• Cancellation may not be possible once the order has been assigned to a delivery partner
• Cancellation requests are subject to acceptance by Graame and the Merchant
• Cancellation fees may apply in certain circumstances

System-Generated Cancellations:

Orders may be cancelled by Graame in the following cases:

• If it is suspected that a customer has undertaken a fraudulent transaction
• If it is suspected that a customer has undertaken a transaction which does not conform to or violates these Terms
• In case of unavailability of Products
• For any reason outside the control of Graame, including technical errors, causes for delivery-related logistical difficulties
• If the delivery address is outside the serviceable area
• If the customer is unresponsive to delivery attempts

9.2 Refund Processing

Refund Eligibility:

• Refunds are processed for cancelled orders, failed deliveries, and eligible returns
• Refund amount may exclude service charges and payment processing fees
• Refund eligibility is determined based on specific circumstances and policies

Refund Methods:

Refunds may be processed through:

• Original payment method (for digital payments)
• Platform credits or gift vouchers
• Bank transfer (for cash on delivery orders)
• Promotional codes for future use

Refund Timeframes:

• Digital payment refunds: 5-7 working days
• Bank transfer refunds: 7-10 working days
• Credit card refunds: 7-14 working days (depending on bank processing times)
• Platform credits: Immediate upon approval

Refund Limitations:

• Service charges may be non-refundable
• Refunds for perishable items may have specific conditions
• Multiple cancelled orders may result in account restrictions

10.1 Return Policy

Return Eligibility:

Products may be eligible for return in the following cases:

• Product received is damaged or defective
• Wrong item delivered
• Product quality does not match description
• Missing items from the order
• Product expiry or quality issues

Return Restrictions:

The following products are generally not eligible for return:

• Perishable items (fresh fruits, vegetables, dairy products)
• Personal care items that have been used
• Items without original packaging
• Products with tampered seals or packaging
• Made-to-order or customized products

10.2 Return Process

Return Request:

• Return requests must be initiated through the Platform or customer support
• Return requests should be made within the specified timeframe for each product category
• Photographic evidence may be required for damaged or defective products
• Return pickup will be arranged by Graame or the Merchant

Return Inspection:

• Returned products may be subject to quality inspection
• Products that do not meet return criteria may be returned to the customer
• Refund processing is subject to successful return inspection

11.1 Acceptable Use Policy

Permitted Activities:

Users may use the Platform for:

• Browsing and searching for products
• Placing orders for personal consumption
• Providing genuine reviews and feedback
• Contacting customer support for legitimate issues
• Managing account information and preferences

General Conduct Requirements:

Users agree to use the Platform in accordance with:

• All applicable laws and regulations
• These Terms of Use and Platform policies
• Generally accepted standards of internet etiquette
• Respect for other users, merchants, and delivery partners

11.2 Prohibited Activities

You agree not to host, display, upload, modify, publish, transmit, update or share any information which:

• belongs to another person and to which You do not have any right to
• is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another's privacy, hateful, or racially, ethnically objectionable
• is misleading in any way
• is patently offensive to the online community, such as sexually explicit content
• harasses or advocates harassment of another person
• involves the transmission of 'junk mail', 'chain letters', or unsolicited mass mailing or 'spamming'
• promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous
• infringes upon or violates any third party's rights
• contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource
• violates any law for the time being in force

18.2 Termination by Graame

Grounds for Termination:

Graame may terminate or suspend your account for:

• Violation of these Terms or Platform policies
• Fraudulent or illegal activities
• Abuse of promotions or pricing errors
• Harassment of other users, merchants, or delivery partners
• Technical abuse or security violations
• Any other reason at Graame's sole discretion

Termination Process:

• Immediate suspension may occur for serious violations
• Written notice may be provided where appropriate
• Opportunity to cure violations may be granted at our discretion
• Appeals process may be available for certain terminations

18.3 Effect of Termination

Post-Termination Obligations:

Upon termination:

• All rights to use the Platform cease immediately
• Outstanding financial obligations remain enforceable
• Certain provisions of these Terms survive termination
• Data retention is governed by Privacy Policy and legal requirements

19.1 Governing Law and Jurisdiction

Applicable Law:

These Terms of Use shall be governed by and interpreted and construed in accordance with the laws of India. The place of jurisdiction shall be exclusively in Rudrapur, Uttarakhand, India.

Court Jurisdiction:

Any legal suit, action, or proceeding arising out of or related to these Terms or the Platform shall be instituted exclusively in the courts of Rudrapur, Uttarakhand, India, and each party irrevocably submits to the exclusive jurisdiction of such courts.

19.2 Dispute Resolution Process

Internal Resolution:

Before initiating formal proceedings, parties agree to attempt good faith resolution through:

• Direct communication between parties
• Mediation through Graame's grievance redressal mechanism
• Senior management escalation where appropriate

Alternative Dispute Resolution:

If internal resolution fails, disputes may be resolved through:

• Arbitration under the Arbitration and Conciliation Act, 2015
• Mediation through recognized mediation centers
• Other alternative dispute resolution mechanisms

20.1 Entire Agreement and Modifications

Complete Agreement:

These Terms, together with the Privacy Policy and other referenced policies, constitute the entire agreement between you and Graame regarding the use of the Platform and supersede all prior agreements and understandings.

Modification Rights:

Graame reserves the right to modify these Terms at any time by posting the revised Terms on the Platform. Your continued use of the Platform after such posting constitutes your acceptance of the modified Terms.

20.2 Severability and Waiver

Severability:

If any provision of these Terms is deemed unlawful, void, or unenforceable, that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

Waiver:

No waiver by Graame of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

20.3 Assignment and Third-Party Rights

Assignment by Graame:

Graame may assign these Terms and any rights hereunder without restriction, including in connection with a merger, acquisition, reorganization, or sale of assets.

No Assignment by Users:

You may not assign these Terms or any rights hereunder without Graame's prior written consent.

No Third-Party Beneficiaries:

These Terms do not create any third-party beneficiary rights except as expressly stated herein.

21.1 Corporate Information

21.2 Specific Contact Points

21.3 Notice Requirements

Electronic Notices:

All notices under these Terms may be delivered electronically to the email address associated with your account or through Platform notifications.

Physical Notices:

Physical notices may be delivered to your registered address or our corporate office as specified above.

Effective Date of Notices:

Notices shall be deemed effective upon sending via electronic means or three (3) days after sending via physical mail.