This document is an electronic record in compliance with the Information
Technology Act, 2000 and the Rules and Regulations framed there under, as
applicable and the amended provisions pertaining to electronic records in
various statutes as amended by the Information Technology Act, 2000. This
electronic record is generated by a computer system and does not require
any physical or digital signatures.
Please read the following terms and conditions carefully before browsing, downloading, registering, accessing or using the HipBar Application/ website (as defined below). By accessing, registering on or using the HipBar Application or by using the Services provided by Us, as defined below, Youagree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, You do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, You may not access or use the HipBar Application and terminate this Agreement, in terms hereof.
Your Agreement to these Terms and Conditions for availing Service
Hip Bar owns and operates a mobile application HipBar and the website – www.gifting.hipbar.com (Both the mobile application "HipBar” and the website www.gifting.hipbar.com will hereby be referenced to by the term “Application"), which provides a platform for liquor/alcoholic beverage manufacturers and distributors (“Sellers”) to showcase liquor and alcoholic beverages ("Products") on the platform created by HipBar i.e. the HipBar Application, and enables You to search and pay for these Products through independent, licensed alcohol beverage retailers, and other licensees with retail privileges (hereinafter referred to as the "Merchant"). We act as an intermediary/ service provider, providing You with this platform enabling You to purchase the Products from the Merchant and We provide You with payment solutions, payment support services, technology solutions and other related / ancillary services (hereinafter referred to as the “Services”). All transactions through the HipBar Application are accepted, reviewed, and ultimately fulfilled by the Merchant. We do not warrant or take any responsibility or liability in respect of the services provided by the Merchant.
1. Eligibility to Use
By accessing the HipBar Application, You represent that You are at least 21 (Twenty One) years of age and have not been previously suspended or prohibited from accessing the HipBar Application or otherwise availing the Services through the HipBar Application. You represent and warrant that You have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
2. Your Registration and Account Obligations
You shall be solely responsible for maintaining the confidentiality of Your User ID and Password ("HipBar Account") and shall be responsible for all activities that occur under Your User ID. You agree that if You provide any information that is inaccurate, false or incomplete or We have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with this Agreement, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the HipBar Application and refuse to provide You with access to the HipBar Application.
You also agree that Your User Profile is linked to your mobile number (issued by a valid operator in India) and Your self-declared email id, both of which clearly identifies your HipBar Account. You agree to provide your correct name and other details sought for which will appear on your HipBar Wallet account statement.
As part of the HipBar’s registration process, HipBar will generate a secure SMS basedOne Time Password ("OTP") which will be sent to your registered mobile number to sign in to your HipBar Account. You are responsible for maintaining the integrity of the OTP with your HipBar Account and are fully responsible for all activities that occur under the HipBar Account.
You are fully responsible for providing the proper email id at the time of sign-up and You acknowledge to receive emails relating to Your HipBar Wallet account and the product communications to Your registered email id.
In addition, You shall set a four-digit Account PIN and You acknowledge that this PIN shall be unique. You shall maintain the secrecy of the Account PIN in Your own interest, and any liability on account of any breach to Your account on account of disclosing this information to any third party shall solely rest with You.
You agree to:
a) Immediately notify HipBar of any unauthorized use of Your mobile number or the HipBar Account or HipBar Wallet or any other breach of security, and
b) Ensure that You exit from Your HipBar Account at the end of each session.
HipBar shall not be liable for any loss, damage or other liability arising from Your failure to comply with this clause or from any unauthorized access to or use of the HipBar Account.
3. Access to HipBar’s Services
Our Services enable You to search and pay for various Products with the Merchant. All transactions are solely made between You and the Merchant. You acknowledge and agree we do not sell, offer to sell, invite to sell, sell or deliver the Products. In all instances, all sales are advertised, accepted, made and delivered by the Merchants who receive all orders and offers.
HipBar grants you a non-transferable, non-exclusive limited license to access and make personal use of the Services and the HipBar Application, which shall be subject to the terms and conditions contained in this Agreement. The license allows You to use the Services for Your personal, non-commercial use. The license also allows You to download, install the HipBar Applications related to the Services on a mobile device that You own or control for Your personal non-commercial use. HipBar’s grant of the license does not permit You to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the terms of this Agreement. All rights not expressly granted herein are reserved by HipBar.
4. Processing and Delivery of Products
Before handing over of the Products to You, the Merchant may validate your identity by requesting a proof of identity. The onus of age-verification lies with the Merchant to request for a proof of identity if the recipient appears to be below the legal drinking age of the state of operation.
With regard to pricing and MRP, HipBar, as a best practice, rounds off the price to the nearest Rupee (i.e. if the MRP of a product in the decimal point has fractions of less than 50 paise, it is ignored and in the case of fractions more than 50 paise, they are rounded off to the higher Rupee)
Neither HipBar, nor any officer, director, employee, shareholder or agent
of HipBar shall be liable to the User or any thirdparty for any claims
relating to the reservation and/or consumption of the Products or any
consequences which may result thereof.
By completing a transaction on the HipBar Application, you agree that you are of the relevant legal age as per Applicable Law in the State in which you are domiciled, to reserve and thereafter consume such Products.
In the event that there is no individual who is of the relevant legal age or other requirements as per Applicable Laws in the State in which he is domiciled, to receive and consume such Products or such individual cannot provide valid identification showing the proof of his or her age or other excise prerequisites such as “permit”, the Merchant may deny service of the Products. This reservation includes, but is not limited to the following:
a) An insane Person;
b) Persons known or believed to be drunk;
c) Persons known or suspected to be about to take part in a riot or disturbance of public peace or any other crime;
d) If a Person is an Excise Official, Police Officer, Railway Servant and Motor Bus Chauffeur, on duty or in uniform;
e) Persons below the legal drinking age.
5. Acceptable Use and Restrictions.
You agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and You agree that you will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. You agree that:
(i) You will not use the Services if You are not fully able and legally competent to agree to these Terms;
(ii) You will not engage in any behaviour which is in violation of any law in force;
(iii) You will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds;
(iv) You will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights;
(v) You will not host, display, upload, modify, publish, transmit, update or share any message / information which is libellous, defamatory or which discloses private or personal matters concerning any person;
(vi) You will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;
(vii) You will not refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to HipBar, the Merchant, if required by any law enforcement, legal or government agencies or Merchant;
(viii) You will not make or seek to make payment to the Merchants other than through the HipBar Wallet;
(ix) You will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the HipBar Application or features that prohibit access to the HipBar Application or the Services in any manner or enforce limitations on the use of the Services;
(x) You will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the HipBar Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;
(xi) You will not attempt to obtain any information or content from the Services using any robot, spider, scraper or other automated means for any purpose;
(xii) You will keep secure and confidential your details of the HipBar Account or any identification we provide you which allows access to the Services;
(xiii) You will only use an access point or data account which you are authorized to use;
(xiv) The Products will be deemed to be sold only atplaces which are licensed premises as per Applicable Laws.
(xv) You will provide proof of identity and age reasonably requested by the Merchant or its employee;
(xvi) You will not use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner;
(xvii) You will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time;
(xviii) Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to HipBar, a third party or You;
(xix) You shall not hold HipBar liable for any Services provided by the them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues.
The prices of the Products published on the HipBar Application are prices based on pricing information provided to Us by the Merchant and may not always reflect the prevailing pricing. The Merchant reserves the right to determine final prices of all their Products.
You agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the HipBar Application, violation by You of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify us, including rights to settle, and You agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.
8. Liabilities and Damages
In no event will We or our contractors, directors, officers, agents, licensors, partners be liable to You for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this Agreement, and (ii) the use or inability use the HipBar Application.
9. Disclaimer: No Warranties
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF YOUR HIPBAR ACCOUNT WITH US.
HIPBAR'S APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE HIPBAR APPLICATION, IS PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW, HIPBAR AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT/SERVICES ON THE HIPBAR APPLICATION, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH PLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH PLATFORM OR ANY LINKED SITE. FURTHER HIPBAR DISCLAIM'S ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. HIPBAR DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON HIPBAR APPLICATION, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE. HIPBAR SHALL NOT BE LIABLE FOR THE USE OF HIPBAR APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDS YOU FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, EXCEED INR 100.
10. Ownership; Proprietary Rights
All rights, including copyright, in the HipBar Application are owned or controlled for these purposes by Us. Except where expressly stated otherwise, Youare not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the HipBar Application for any purpose whatsoever without Our prior written permission. Violators will be prosecuted to the maximum extent possible under Applicable Laws. Any other rights, not expressly granted herein, are reserved.
The HipBar Application includes a combination of content that We create, that our partners or licensors or associates create, and that the Sellers/Merchants may create. All materials published on the HipBar Application, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the HipBar Application or on its websites in whole or in part.
If We find any contents or materials published on the HipBar Application or on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you shall refrain from use of such materials or contents and shall bear all risks associated with using that content. You unequivocally agree not to publish or post such material in Your content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the HipBar Application belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the HipBar Applicationunder license or rights or affiliation with the said person, entity or third party.
11. Termination of Agreement
Termination by Us: You agree that We, in our sole discretion, for any or no reason, may suspend or terminate Your HipBar Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. You agree that any termination may be effected without prior notice, and You agree that We will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies We may have at law or in equity.
Termination by You: You may terminate this Agreement at any point in time.
12. Consequence of Termination
Upon termination of this Agreement for any reason, We will block Your access to the Application and delete Your HipBar Account.
In case of termination of this Agreement, any amounts standing in your name in the HipBar Wallet, shall be refunded to You, in accordance with the terms governing the HipBar Wallet accessible here and Applicable Laws.
We do not in any way warrant or represent about the quality or nature of the Products which may be advertised on the HipBar Application. Your correspondence or dealings with, or participation in promotions of advertisers displayed on the HipBar Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser / thirdparty. We shall not be responsible or liable for any loss or damage of any sort incurred by You as a result of any such dealings or as the result of the presence of such advertisers on the HipBar Application or HipBar'swebsite, and any such interaction with a thirdparty advertiser shall be undertaken by You at your sole risk and liability.
14. Modification of this Agreement
We reserve the exclusive right to change, modify, add, delete or remove portions of this Agreement at any time by posting a notification on the HipBar Application or otherwise communicating the said notification to You. The changes will become effective and shall be deemed accepted by You, 24 (twenty-four) hours after the initial posting and shall be applicable immediately on a going-forward basis. If You do not agree with any such modification, Your sole and exclusive remedy is to terminate this Agreement in accordance with the clause above. If you continue to use the Application, it will be deemed as your acceptance to the terms.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this Agreement will be effective only if in writing and signed by our authorizedsignatory.
16. Your Data.
We may provide You with notices and communications by email, regular mail or postings on the HipBar Application or HipBar's website or by any other reasonable means. Except otherwise communicated, notice to Us must be sent by courier or registered mail to: No.34/72A, Gandhi Nagar 4th Main Road, Adyar, Chennai, Tamil Nadu 600020.
You and/or HipBar, agree that any dispute arising out of or relating to this Agreement including its interpretation by arbitration, shall be settled in accordance with the provisions of the Indian Arbitration & Conciliation Act, 1996. You agree, that the disputes shall be decided by a sole arbitrator and We shall have the sole right to appoint the arbitrator. Any such dispute shall be decided and determined on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration proceedings shall be conducted in Chennai, India. Either of us may, subject to the provisions of the Arbitration & Conciliation Act, 1996, and to the extent permitted thereunder, seek any interim or preliminary relief from a court of competent jurisdiction in Chennai, India, necessary to protect the rights or the property of You or HipBar (or its agents, suppliers, service providers and subcontractors). Any arbitration shall be confidential, and neither of Us shall disclose the existence, content or results of any such arbitration proceedings, except as may be required by law or for purposes of enforcing or challenging the arbitration award. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The language of Arbitration shall be English.
19. Laws and Disputes Redressal
Subject to Clause 18, You agree that courts in Chennai, India, shall have exclusive jurisdiction in respect of disputes between us. This Agreement shall be governed by the laws of India.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by You without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
23. Contact Information
You can send in your queries, requests or complaints in the following ways:
A) Online chat: Open the HipBar Application ->Go to the Wallet Section->Click on Get Help and post a query, We will respond instantly.
B) Email: Write us at [email protected] and submit your queries.
You have the right to register a complaint if you are not satisfied with any of the following:
· Services provided by HipBar.
· Payment system/ prepaid instrument errors.
· Redemption issues.
· Extension of HipBar-Wallet validity.
· Unhappy with the quality of customer service provided.
· Or any other grievances.
If you are not satisfied with the resolution provided by our level 1
escalation, you can further escalate the concern to higher level as
mentioned in our Customer Grievance policy
25. Know Your Customer
KYC refers to the various norms, rules, laws and statutes issued by various government authorities including the Reserve Bank of India from time to time. As required by government authorities, including excise authorities, HipBar, the Merchant, may be required to procure personal identification details from you before any Services can be deliveredand at the time of registration and/ or on a later date, for availing and / or continuation of the HipBar Wallet. You agree that:
i. The collection, verification, audit and maintenance of correct and updated customer information is a continuous process and We reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements;
ii. We reserve the right to discontinue Services/ reject applications for HipBar Wallet upgradation at any time if there are discrepancies in information and/or documentation provided by You; and
iii. Any information provided to Us with the intention of securing HipBar Wallet shall vest with Us and may be used for any purpose consistent with the Applicable Laws, at its discretion.
Subject to guidelines/notifications issued by various government
authorities including the Reserve Bank of India from time to time, the KYC
norms may be reviewed and modified at the discretion of HipBar without
prior intimation to You.
You agree to receive certain specific emails from us. You hereby confirm that as on date of this registration, you do not have any objection to receiving emails, messages and calls from us and our members. This consent shall supersede any preferences set by you with or registration done with the Do Not Disturb (DND Register)/ National Customer Preference Register. This consent extends to emails, messages or calls relating to your association with the HipBar Application and/ or HipBar's website under these Terms.