User Terms

These terms of use (“Terms of Use“) mandate the terms on which users or visitors (the “Users”) accessing the platform www.sarrthy.com and the upcoming mobile application (the “Platform”), owned and operated by Pahoyti Systems Private Ltd, operating as [Sarrthy].

The Platform may be used by Users to avail Sarrthy Services (defined below), through either merchants registered with the Platform (“Tied-up Merchants”), or merchants not registered with the Platform (“Non-tied up Merchants”; both Tied-up Merchants and Non-tied up Merchants shall hereinafter collectively be referred to as “Merchants”, wherever the context so requires or permits) and delivery partners (“Delivery Partners”).

Users are requested to carefully read the Terms of Use before using the Platform or registering on the Platform or accessing any material or information through the Platform. Through the continued use of the Platform, or accepting these Terms of Use at the time of creating an Account, Users accept these Terms of Use and agree to be legally bound by the same. Notwithstanding the generality of the foregoing, Sarrthy shall intimate the Users regarding any changes to these Terms of Use annually.

Sarrthy hereby grants Users a personal, non-exclusive, non-transferable, limited privilege to enter and use the Platform and the Sarrthy Services.

1. Eligibility:

  1. The Platform, and by extension, the Sarrthy Services, are not available to minors i.e. persons under the age of 18 (eighteen) years or to any Users suspended or removed by Sarrthy from accessing the Platform for any reason whatsoever. Users represent that they are of legal age to form a binding contract and are not a person barred from receiving, using, availing or accessing the Platform, and by extension, the Sarrthy Services under applicable law.
  2. Sarrthy reserves the right to refuse access to the Platform, at any time to new Users or to terminate or suspend access granted to existing Users at any time without any reasons for doing so.
  3. Users shall not have more than 1 (one) active Account (as defined below) on the Platform. Additionally, Users are prohibited from selling, trading, or otherwise transferring their Account to another party or impersonating any other person for the purpose of creating an Account with the Platform.

2. Registration:

  1. Subject to the acceptance of all the terms, conditions and notices contained in these Terms of Use and Privacy Policy, along with any amendments made by Sarrthy at its sole discretion and posted on the Platform from time to time and subject to the Users’ registration on the Platform through the creation of an Account (as defined below), Users are granted a personal, non-exclusive, non-transferrable, and limited right to access the Platform, avail the Sarrthy Services and connect with Merchants and Delivery Partners on the Platform. A User’s ability to continue using the Platform and Sarrthy Services is subject to their continued maintenance of an Account on the Platform.
  2. In order to use the Platform and avail the Sarrthy Services, Users will have to register on the Platform and create an account with a unique user identity and password (“Account”). Users will be required to enter their personal information including their name, contact details, email address and valid phone number while registering an Account. As part of the registration, Users may be required to undertake a verification process to verify the information provided.
  3. Users agree and accept that the information provided by the User for the creation of their Account is complete, true, accurate and up-to-date. In the event of any change to such information, Users are required to immediately update their Account information. Users acknowledge and accept that Sarrthy has not independently verified the information and Sarrthy shall in no way be responsible or liable for the accuracy or completeness of any information provided by Users. If Users provide any information that is untrue, inaccurate, not current or incomplete, or Sarrthy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Sarrthy reserves the right to suspend or terminate the respective User Account and refuse any and all current or future use of the Platform (or any portion thereof) through such User Account, at any time.
  4. Users are responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur through their Account. Users agree to (i) immediately notify Sarrthy of any unauthorized use of their Account, related information or any other breach of security, and (ii) ensure that they exit from their Account at the end of each session. Sarrthy cannot and will not be liable for any loss or damage arising from User failure to comply with this provision. Users may be held liable for losses incurred by Sarrthy or any other User of or visitor to the Platform due to authorized or unauthorized use of their Account as a result of User failure in keeping their Account information secure and confidential. Use of another User’s Account information is expressly prohibited.
  5. Sarrthy shall use User location-based information that is captured by Sarrthy through the global positioning system when they use their mobile device or computer to request a Sarrthy Service on the Platform. Such location based information shall be used by Sarrthy only to facilitate and improve the Sarrthy Services being offered to Users.
  6. In the case where the Platform is unable to establish a unique identity of the User against a valid mobile number or e-mail address, the Account shall be indefinitely suspended. Sarrthy reserves the full discretion to suspend a User’s Account in the above event and does not have the obligation/liability to share any Account information whatsoever.

3. Sarrthy Services:

  1. The Platform provides Users with the following services (collectively, the “Sarrthy Services”):
    1. It facilitates Users to connect with Merchants and Delivery Partners to view and purchase products listed on the Platform by Tied Up Merchants (the “Items”) and thereafter allows Users to have the purchased Items delivered through Delivery Partners (“Purchase Services”);
    2. It facilitates Users to purchase products from Non-tied up Merchants and get the same delivered through the Delivery Partners (“Delivery Services”);
    3. It facilitates Users to have packages picked up- and dropped off from 1 (one) location to the other through Delivery Partners (“PND Services”);
  2. Sarrthy may, at its absolute sole discretion, add, modify, upgrade, extend or withdraw any of the Sarrthy Services listed above from time to time, and at its sole discretion. Sarrthy does not provide any guarantee that the Sarrthy Services will be made available to Users at all times.
  3. Users hereby agree and acknowledge that Sarrthy is only a marketplace, and as such, only acts as a facilitator between Users, Merchants and/or Delivery Partners (as the case maybe) in order to initiate transactions with said merchants and/or Delivery Partners. Users hereby agree and acknowledge that Sarrthy is not a party to any of the transactions that are initiated between Users, Merchants and/or Delivery Partners through the Platform and Sarrthy shall not be liable in any manner or incur any liability with respect to the Items/ services/ products offered and/or performed by the Merchants or the Delivery Partners, as the case may be. Further, Users hereby agree and acknowledge that Sarrthy shall not be liable for the conduct, acts and/or omissions of the Merchants (including their employees and consultants) and Delivery Partners in the course of providing their Items/ services/ products to Users, or for any loss or damage to Users as a consequence of or in relation to the Items/ services/ products being provided by the Merchants and/ or the Delivery Partners, as the case may be.
  4. Users hereby acknowledge that Sarrthy shall not be liable for any damages of any kind arising from their use of the Sarrthy Services, including, but not limited to direct, indirect, incidental, punitive, special, exemplary or consequential damages.
  5. When required by Sarrthy or under applicable law, Users agree to provide as much information as possible on the Platform with respect to the Items or Sarrthy Services sought to be purchased or avail on the Platform. Sarrthy shall be entitled at any time without giving any reason, to terminate User requests for any Sarrthy Service, provided however that Sarrthy shall make best efforts where prudent to inform Users regarding such cancellations and the reasons for the same.
  6. Users hereby agree that Sarrthy shall not be liable for any conduct or misbehaviour or actions of Delivery Partner with respect to any transactions initiated on the Platform. Further, Users agree that Sarrthy has no control over the Items provided by the Merchants and therefore, Sarrthy shall not incur any liability with respect to such Items.
  7. Sarrthy undertakes to engage dedicated professional Delivery Partners for any particular community and shall strive to train and coach these Delivery Partners to perform the Sarrthy Services with utmost professionalism.
  8. Sarrthy undertakes that the Delivery Partners have been handpicked and trained according to the requirements of the residents of the community served by Sarrthy, and they have been trained to understand the needs of customers and react accordingly. Time to time refresher training will be scheduled from Sarrthy’s end in order to ensure seamless Service Provision by the Delivery Partners.
  9. Users hereby acknowledge that the maximum weight of the products purchased through the Platform will be capped at 15kgs per Order, dead weight or volumetric, whichever is higher, and the maximum number of items allowed to be purchased per Order will be capped at 20 items or 20 packages of items in case of smaller products that are packaged in multiples.
  10. In special circumstances where the weight of the Order exceeds the limit of 15kgs, the timeline for Delivery of the Order shall be extended beyond the typical timelines. There would also be additional charges of Rs. 10 for every 5kgs.
  11. The Products/ services displayed on the Platform are dependent on the availability of Merchants and Delivery Partners at the time of the transaction.
  12. Users hereby acknowledge that the Sarrthy Services are only available from 08:00 hours to 20:00 hours on any given day, safe for public holidays and non-working days as specified under this document, and the time allotted for delivery shall approximately range from anywhere between 30 and 45 minutes, specific to community Merchants and 90 to 120 minutes  for Merchants from outside the community. In circumstances where any delays are encountered, the updated delivery timelines shall be communicated to the Users through a notification or text message.
  13. Users hereby agree to receive promotional information from Sarrthy with regard to any discounts or sales being offered by the Tied Up Merchants in picture and video format.
  14. Sarrthy will not perform any Sarrthy Services that may result in any act that is immoral/unethical/unlawful/banned either under applicable law, Sarrthy’s Policies (defined below) or at the sole discretion of Sarrthy. Sarrthy may also refuse to perform any task on the grounds that such task is prohibited under any contract to which Sarrthy is a party.
  15. Users understand and acknowledge that Sarrthy by itself does not sell or provide any Items. Sarrthy is not responsible for the quality, merchantability or fitness of the Items. Accordingly, in the event of any grievances arising from the transaction initiated by Users on the Platform pertaining to purchase or sale of any product from any Merchant, Users may contact Sarrthy support for routing your grievances to the Merchant through the Platform.
  16. Users shall intimate any complaints with respect to any Sarrthy Services within 24 (twenty four) hours of using such Sarrthy Services.
  17. Sarrthy Services cannot be initiated for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages (except as specifically provided) or any intoxicant or narcotics and psychotropic substances.

4. Payment Terms

  1. Users shall pay such amount indicated on the Platform with respect to the Sarrthy Services availed. Users may be charged a separate service fee (“Service Fees”). The Service Fees shall be paid prior to availing any of the respective Sarrthy Services.
  2. Users agree that Sarrthy may use certain third-party vendors and service providers, including payment gateways, to process the payments made by Users on the Platform.
  3. Where enabled by the respective Merchant, Users may pay for the respective Sarrthy Services through ‘Cash on Delivery’. Users understand and acknowledge that Delivery Partners may not have exact change during the time of payment, and as such, it shall be the Users responsibility to ensure that they provide the exact amount for the Sarrthy Services as indicated on the Platform.

5. User Generated Content

  1. Users agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the User with an option to provide a rating and/or comments about the Delivery Partner (with respect to the services performed by the Delivery Partner) and Merchants (with respect to the Items sold/provided by them) (the “User Content”); and (ii) the Delivery Partner and the Tied-Up Merchants may also be prompted to rate the User on the Platform. Based upon such Delivery Partner and Merchant ratings, User rating scores on the Platform will be determined and displayed.
  2. Sarrthy and its affiliates reserve the right to use, share and display User Content in any manner in connection with the business of Sarrthy and its affiliates, including on the Platform, without attribution to or approval of Users and Users hereby consent to the same. Sarrthy and its affiliates reserve the right to edit or remove User Content in the event that such User Content include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws or Sarrthy’s Policies or its affiliates’ content policies.

6. Service Failure, Cancellation & Refund

  1. In cases of non-fulfilment of Orders by Sarrthy due to unforeseen circumstances, Sarrthy shall fulfil the Order in the next available slot on the same day.  In case the Orders are not fulfilled on the same day, these days shall be added to the Membership term of the User.
  2. Sarrthy shall confirm and initiate the execution of the transaction initiated by Users upon receiving confirmation from Users for the same. If Users wish to cancel a transaction on the Platform, they shall select the cancel option on the Platform. It is to be noted that Users may have to pay a cancellation fee for transactions initiated on the Platform for which work has already been commenced by the Delivery Partner or the Merchant, as the case may be. With respect to work commenced by Merchants the cancellation fee will be charged to such Users which will be in accordance with the cancellation and refund policies of such Merchants.
  3. Sarrthy may cancel transactions initiated by Users on the Platform, on the instructions of the Merchants/Delivery Partners, if:
    • The designated address provided by Users is outside the service zone of the Merchant/Delivery Partner.
    • There is no User response via phone or any other communication channel at the time of confirmation of the order booking.
    • The transaction involves supply/delivery/purchase of any material good that is illegal, offensive or violative of the Terms of Use.
    • The User is not physically present or is unreachable once the Delivery Partner reaches the designated delivery location, for a period in excess of fifteen (15) minutes.
    • Information, instructions and authorisations provided by Users are not complete or sufficient to execute the transaction.
    • If any Merchant’s outlet is closed.
    • If a Delivery Partner is not available to perform the services.
    • If any Item or product is not in stock with the Merchant.
    • If the transaction cannot be completed for reasons not in control of Sarrthy.
  4. Users shall only be able to claim refunds for transactions initiated if they have already pre-paid the fees with respect to such transaction. Subject to relevant Merchant’s refund policy and in accordance therein, Users shall be eligible to get the refund in the following circumstances:
    • The package has been tampered or damaged at the time of delivery, as determined by Sarrthy basis the parameters established by Sarrthy in its sole discretion.
    • If the wrong Item has been delivered to Users, which does not match with the Item for which the Users had initiated a transaction on the Platform, provided however, that such change in Item was not previously communicated to the User.
    • Sarrthy has cancelled the order because of any reason mentioned under Clause 6.c. above.
  5. All decisions with respect to refunds will be at the sole discretion of Sarrthy and in accordance with Sarrthy’s internal refund policy and the same shall be final and binding. All refunds initiated by Sarrthy shall be refunded to the financial source account from which Users have initiated the transaction on the Platform. The refunds would be processed within a maximum period of 10 working days.

7. Representations and Warranties

  1. Subject to compliance with the Terms of Use, Sarrthy grants Users a non-exclusive, limited privilege to access and use this Platform and the Sarrthy Services.
  2. Users agree to use the Platform only: (i) for purposes that are permitted by this Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines. Users agree not to engage in activities that may adversely affect the use of the Platform by Sarrthy or Delivery Partner(s) or Merchants or other Users.
  3. Users represent and warrant that they have not received any notice from any third party or any governmental authority and no litigation is pending against them in any court of law, which prevents them from accessing the Platform and/or availing the Sarrthy Services.
  4. Users represent and warrant that they are legally authorised to view and access the Platform and avail the Sarrthy Services.
  5. Users agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Sarrthy. Users shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Sarrthy Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
  6. Users acknowledge and agree that by accessing or using the Platform, they may be exposed to content from others that they may consider offensive, indecent or otherwise objectionable. Sarrthy disclaims all liabilities arising in relation to such offensive content on the Platform.
  7. Further, Users undertake not to:
    • defame, abuse, harass, threaten or otherwise violate the legal rights of others;
    • publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
    • do any such thing that may harms minors in any way;
    • copy, republish, post, display, translate, transmit, reproduce or distribute any Sarrthy Property through any medium without obtaining the necessary authorization from Sarrthy;
    • conduct or forward surveys, contests, pyramid schemes or chain letters;
    • upload or distribute files that contain software or other material protected by applicable intellectual property laws unless such Users own or control the rights thereto or have received all necessary consents;
    • upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another’s computer;
    • engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
    • attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Sarrthy server, or through the Platform, by hacking, password mining or any other illegitimate means;
    • probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. Users may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
    • disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
    • collect or store data about other Users, Merchants, Delivery Partner in connection with the prohibited conduct and activities set forth herein;
    • use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
    • use the Platform or any material or Sarrthy Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
    • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
    • impersonate any other User, Merchant, Delivery Partner or person;
    • violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
    • violate the Terms of Use contained herein or elsewhere;
    • threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
    • reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Platform.
  8. Users agree and acknowledge that the use of the Sarrthy Services offered by Sarrthy is at their sole risk and that Sarrthy disclaims all representations and warranties of any kind, whether express or implied as to condition, suitability, quality, merchantability and fitness for any purposes are excluded to the fullest extent permitted by law.
  9. Without prejudice to the above, Sarrthy makes no representation or warranty that the Sarrthy Services will meet the Users requirements.
  10. All materials/content on the Platform (except any third-party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, “Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Sarrthy. Users acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Sarrthy’s prior express written permission. Users may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Sarrthy hereby grants Users a non-exclusive, freely revocable (upon notice from Sarrthy), non-transferable access to view the Material on the Platform.

8. Intellectual Property Rights

  1. The Platform and process, and their selection and arrangement, including but not limited to, all text, videos, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork, algorithm and computer code (and any combination thereof), compilations and databases of Accounts and Account details, except any third party software available on the Platform, is owned by Sarrthy (“Sarrthy Property”) and the design, structure, selection, co-ordination, expression, look and feel and arrangement of such Sarrthy Property is protected by copyright, patent and trademark laws, and various other intellectual property rights. Users are not permitted to use Sarrthy Property without the prior written consent of Sarrthy.
  2. The trademarks, logos and service marks displayed on the Platform (“Marks”) are the property of Sarrthy, except any trademark, logos and service marks of third parties available on the Platform. Users are not permitted to use the Marks without the prior consent of Sarrthy or such third party as may be applicable.
  3. If any User believes the Platform violates their intellectual property, such User must promptly notify Sarrthy in writing at support@sarrthy.com. These notifications should only be submitted by the owner of the intellectual property or an agent duly authorized to act on his/her behalf. However, any false claim by a User may result in the termination of such User’s access to the Platform. Users are required to provide the following details in their notice:
  4. the intellectual property that the User believe is being infringed;
    • the item that the User think is infringing and include sufficient information about where the material is located on the Platform;
    • a statement that the User believes in good faith that the item the User has identified as infringing is not authorized by the intellectual property owner, its agent, or the law to be used in connection with the Platform;
    • the User’s contact details, such as the User’s address, telephone number, and/or email;
    • a statement that the information provided in the User’s notice is accurate, and that the User is the intellectual property owner or an agent authorized to act on behalf of the intellectual property owner whose intellectual property is being infringed; and
  5. the User’s physical or electronic signature.

9. Disclaimer of Warranties & Liabilities

  1. Users expressly understand and agree that, to the maximum extent permitted by applicable law:
  • The Platform, and Sarrthy Services are provided by Sarrthy on an “as is” basis without warranty of any kind, express, implied, statutory or otherwise, including the implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, Sarrthy makes no warranty that (i) the Platform, Sarrthy Services will meet User requirements or use of the Platform will be uninterrupted, timely, secure or error-free; (ii) the quality of the Platform will meet User expectations; or (iii) any errors or defects in the Platform will be corrected. No advice or information, whether oral or written, obtained by Users from Sarrthy shall create any warranty not expressly stated in the Terms of Use.
    • Sarrthy will have no liability related to any User content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. Sarrthy also disclaims all liability with respect to the misuse, loss, modification or unavailability of any User content.
    • Sarrthy will not be liable for any loss that Users may incur as a consequence of unauthorized use of their Account or Account information in connection with the Platform either with or without their knowledge.
    • Sarrthy shall not be responsible for the delay or inability to use the Platform, Sarrthy Services or related functionalities, the provision of or failure to provide functionalities, or for any information, software, functionalities and related graphics obtained through the Platform, or otherwise arising out of the use of the Platform, whether based on contract, tort, negligence, strict liability or otherwise. Further, Sarrthy shall not be held responsible for non-availability of the Platform during periodic maintenance operations or any unplanned suspension of access to the Platform that may occur due to technical reasons or for any reason beyond Sarrthy’s control. Users understand and agree that any material or data downloaded or otherwise obtained through the Platform is done entirely at their own discretion and risk, and that they will be solely responsible for any damage to their computer systems or loss of data that results from the download of such material or data.

10. Indemnification & Limitation of Liability

  1. Users agree to indemnify, defend and hold harmless Sarrthy and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by Users pursuant to these Terms of Use. Further, Users agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, such Users use of the Platform, Sarrthy Services, any misrepresentation with respect to the data or information provided by Users in relation to their Account, Users violation of the Terms of Use, or Users violation of any rights of another, including any intellectual property rights.
  2. In no event shall the Indemnitees be liable to Users or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with their use of or access to the Platform or Sarrthy Services on the Platform.
  3. Users indemnification obligation under the Terms of Use will survive the termination of their Account or use of the Platform or Sarrthy Services.
  4. Subject to applicable laws, in no event will Sarrthy or its employees aggregate liability, arising from or related to the Sarrthy Services or the use of the Platform, exceed INR 100 for any and all causes of actions brought by Users or on behalf of Users.
  5. The Platform and the Sarrthy Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User accesses or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Sarrthy shall not be liable for the same, whatsoever.

11. Grievance Officer

In accordance with Information Technology Act 2000 and rules made there under and the Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of the Grievance Officer are provided below:

Grievance Officer: CHETANA BHATTACHARYA

Designation: FOUNDER & CEO
Email: support@sarrthy.com

12. Violation of the Terms of Use

Users agree that any violation by Users of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Sarrthy, as the case may be, for which monetary damages would be inadequate, and Users consent to the Sarrthy obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the Sarrthy may have at law or in equity. If Sarrthy takes any legal action against Users as a result of their violation of these Terms of Use, Sarrthy is entitled to recover from Users , and Users agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.

13. Additional Terms

Sarrthy may also require Users to follow additional rules, guidelines, policies or other conditions in order to participate in certain promotions or activities available through the Platform (the “Policies”). These Policies shall form a part of these Terms of Use, and Users agree to comply with them when they participate in those promotions, or otherwise engage in activities governed by such additional terms.

14. Link to Third Parties

The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Sarrthy shall not be responsible for examining or evaluating such third party websites, and Sarrthy does not warrant the products or offerings of, any of these businesses or individuals, or the accuracy of the content of such third party websites. Sarrthy does not assume any responsibility or liability for the actions, product, and content of any such third party websites. Before any Users use/access any such third-party websites, they should review the applicable terms of use and policies for such third party websites. If Users decide to access any such linked third party website, they do so at their own risk.

15. Term and Termination

  1. These Terms of Use will continue to apply until terminated by either the User or Sarrthy as set forth below.
  • If the User objects to the Terms of Use or are dissatisfied with the Platform or Sarrthy Services, they can (i) close their Account through the Platform or by writing to support@sarrthy.com and send a WhatsApp message to +91- 81973 07272;  (ii) stop accessing the Platform.
  • Membership fees  once paid, will not be refundable, and the Membership shall subsist until the end of the Membership term. If there is any defect/ non-service on any day during the Membership Term from Sarrthy’s end, an extension of services shall be provided to make good on the days lost.
  • Sarrthy may, in its sole discretion, bar any User’s use of the Platform or the Sarrthy Services at any time, for any or no reason. Even after an Account with Sarrthy is disabled, made dormant or inactive, these Users shall remain liable for all their uncleared dues with respect to the Merchant Services.
  • Sarrthy may delist any User or block their future access to the Platform or suspend or terminate their Account if it believes, in its sole and absolute discretion that they have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
  • Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Sarrthy chooses to terminate them.
  • Users hereby agree and acknowledge, upon termination, Sarrthy shall have the right to retain all information pertaining to the transactions initiated by Users on the Platform.

16. Governing Law

These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Bangalore.

17. Communications

The User hereby expressly agrees to receive communications by way of SMSs and/or e-mails and/or WhatsApp from Sarrthy, or other third parties. The User can unsubscribe/ opt-out from receiving communications through SMS, WhatsApp and email anytime either through the specific channels of communication or by contacting customer support, provided however, that Users may still receive communications with respect to their use of the Sarrthy Service.

18. General

  1. Amendments: Sarrthy reserves the unconditional right to modify or amend this Terms of Use , Privacy Policy and Policies without any requirement to notify Users of the same. Users can determine when this Terms of Use was last modified by referring to the “Last Updated” legend above. It shall be the User’s responsibility to check these Terms of Use, Privacy Policy and Policies periodically for changes. The User’s acceptance of the amended Terms of Use or continued use of the Platform shall signify their consent to such changes and agreement to be legally bound by the same.
  2. Notice: All notices from Sarrthy will be served by email to the User’s registered email address or by general notification on the Platform.
  3. Assignment: Users cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Sarrthy’s rights under the Terms of Use are freely transferable by Sarrthy to any third party without the requirement of informing the User or seeking their consent.
  4. Severability: If, for any reason, a court of competent jurisdiction finds any provision of the Terms of Use, or any portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect.
  5. Waiver: Any failure by Sarrthy to enforce or exercise any provision of the Terms of Use, or any related right, shall not constitute a waiver by Sarrthy of that provision or right.
  6. Integration: These Terms of Use together with Sarrthy’s Privacy Policy and Policies and any other legal notices, communications published by Sarrthy on its Platform, and any other agreements executed between the User and Sarrthy shall constitute the entire agreement between the User and Sarrthy concerning its Platform, Sarrthy Services and governs the User’s use of the Platform and Sarrthy Service, superseding any prior agreements between the User and Sarrthy with respect to the Platform and Sarrthy Services.
  7. Force Majeure: Sarrthy shall not be liable to the User for failure or delay in meeting any obligation hereunder due to unexpected circumstances beyond Sarrthy’s reasonable control, such as but not limited to, strikes, lockouts, acts of God, riots, war, fire, flood, embargoes, failure of power, acts of government or of any agency.

Purchase Services Policy

1. General Terms and Conditions

  1. Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Purchase Services.
  2. In case of Purchase Services, it is the duty of the Tied-up Merchants to share an updated Item list along with its prices on the Platform. Sarrthy shall not be responsible for any inaccurate Item listing on the Platform. Further, Users agree and acknowledge that it may not be possible for the Tied-up Merchants to list out the exact price or prices of certain Items (including those that are perishable in nature) on the Platform.
  • Orders placed by Users are Merchant-specific, and shall contain the name of the store/ Merchant. The name of the specific product, quantity, brand and any other identifying information shall be indicated clearly by the User in the event the order is being made by a Merchant operating outside the Community.
  • The User shall be available to communicate with the Delivery Partner/ Sarrthy upon placing the Order in the event of any Clarifications/ Specifications needing to be verified by the Delivery Partner/ Sarrthy.
  • The User shall have the requisite balance present in their User Wallet at the time of placing any Order on the Platform.

2. Medicine Purchase

Users purchasing any medicines/ pharmaceutical medicinal product, using the Platform, for which a valid prescription from a registered medical practitioner is required will have to upload the corresponding prescription. It is the User’s responsibility to ensure that a clear copy of the valid prescription is uploaded while initiating the transaction, failing which, Sarrthy reserves the right to terminate the Purchase Service, and initiate appropriate action against the User at its sole discretion.

3. Alcohol Purchase

Alcohol purchase or transportation shall not be supported/facilitated in any form.

4. Tobacco Purchase

Sale, purchase or transportation of Tobacco and/or tobacco-based products shall not be supported/facilitated in any form.

5. Payment Terms

  1. While initiating a request for a Purchase Service, Users shall pay for the price of the Items as indicated on the Platform upfront. The transaction for the Purchase Service will be initiated on the Platform once the payment has been completed either through UPI, Bank transfer, PayTM, PhonePe, GooglePay, or shall be deducted from the available balance in the User’s Sarrthy Wallet.
  2. In certain exceptional circumstances, where the purchase price of the Item is not available on the Platform or Items that are perishable in nature or Item whose price varies periodically or where the User is offered an alternate Item when the original Item is not in stock, the Delivery Partner upon reaching the Merchant outlet shall intimate User about the Item price and User shall be required to confirm the purchase of the Item and make the payment for the same to complete the transaction, however if User do not confirm the purchase of the Item and do not make payment for the Item, User shall pay such fees as may be communicated to the User on the Platform for the efforts of the Delivery Partner.
  3. Payments are accepted via online transfer methods such as UPI, Bank Transfer and other popular wallets like PayTM, PhonePe, GooglePay, Bhim, etc. The money credited to the User’s Sarrthy Account shall reflect in the User’s Sarrthy Wallet within 24 hours of the transfer being initiated.
  4. In case of failed payments, the amount debited (if any) shall either be credited into the User’s Sarrthy Wallet, or a refund process shall be initiated whereby the amount debited (if any) shall be returned to the original source of payment initiated by the User’s Bank. This process shall require a maximum processing time of 10 working days depending on the Bank of the User.
  5. The User is strongly advised to make  Sarrthy aware immediately upon not receiving the refund/ return of the amount to their Sarrthy Wallet within 24 hours of the payment being initiated.

6. Returns, Exchanges and Refunds Policy

  1. Returns Policy: Returns can be initiated only for any goods or items purchased through Sarrthy. The returns will be facilitated strictly as per store policy. Store reserves the right to refuse to honour the “Return” request. In case of approval of return request, the purchased item will be picked up for return, and the amount will be refunded to the user after successful return to store completion. If the return request is not approved by the Store, the same would have to accepted by the User.
  2. Exchange Policy: Exchange can be initiated only for any goods or items purchased through Sarrthy. The exchange will be facilitated strictly as per store policy. Store reserves the right to refuse to honour the “Exchange” request. Exchange is also subject to availability of the desired item.
  3. Refund Policy: In case of approved return or exchange where the Store issues a refund, the same will be reflected on the user’s ledger as a credit entry. This process shall require a maximum processing time of 10 working days.

Delivery (Shipping) Services Policy

Notwithstanding the generality of the Terms of Use, these terms and conditions specifically apply to the Delivery Services are to be read in consonance with the Terms of Use.

1. Delivery Services:

  1. The PND Services allow for Users to connect with Delivery Partners and Non-tied up Merchants, to fulfil tasks raised by such Users, including, tasks to purchase, pick up and drop items (the “User Items”) from Non-tied up Merchant locations (“Pick-Up Location”) and to drop to another location (“Drop Location”), each a “Delivery Task”. It is expressly clarified that Sarrthy merely acts as a technology platform to facilitate Delivery Tasks initiated on the Platform and Sarrthy does not assume any responsibility or liability for any form of deficiency of services on part of the Non-tied up Merchants or the Delivery Partner.
  2. Upon initiation of a request for a Delivery Task, depending upon the availability and acceptance of the Delivery Partner, a Delivery Partner is assigned to such task. The Delivery Partner shall send photos of the User Items on the Platform (“User Item Picture/(s)”) along with the corresponding value on the Platform for User Confirmation. Users are instructed to cautiously review and confirm the Users Item Pictures prior to initiating payment. User Confirmation of the User Item Pictures shall be relied upon by the Sarrthy in case any dispute is raised between a User and the Delivery Partner. In case, the User Item Picture/(s) is different from the User Item listed on the Platform, Users should immediately reach out to the assigned Delivery Partner and request them to share the correct User Item Picture/(s). User confirmation to a User Item Picture shall be construed as a deemed acceptance for the modified/different User Item.

2. In using the Delivery Services, the Users understand, agree, acknowledge and accept that:

  1. The Delivery Partners’ engagement with Sarrthy is on a principal to principal, non-exclusive and voluntary basis. No control is exercised by Sarrthy on the Delivery Partners and there is no employer-employee relationship between Sarrthy and the Delivery Partners.
  2. Acceptance of a Delivery Task by a Delivery Partner shall constitute an independent contractual arrangement for services between Users and the Delivery Partner.
  3. Sarrthy is not responsible for any non-performance or breach of any Delivery Task by the Delivery Partners. Sarrthy does not guarantee the performance of any Delivery Task by the Users or the Delivery Partners respectively, of any Delivery Task initiated on the Platform.
  4. Sarrthy is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity. Sarrthy operates an online marketplace and does not at any point of time during any transaction hold any right, title or interest over the items being transported pursuant to any Delivery Task.
  5. The Pick-Up Location and the Drop Location have been voluntarily added by the User on the Platform, and the User’s location data is collected in accordance with the Terms of Use and Privacy Policy.
  6. Users are aware of the items to be transported through a Delivery Task, and that Delivery Tasks cannot be initiated , for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances.
  7. Delivery Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
  8. Upon becoming aware of the commission any offence or intention to commit any offence during a Delivery Task, Delivery Partners may report such information to the law enforcement authorities.
  9. The Delivery Partner shall upon reaching the Non-tied up Merchant outlet shall intimate Users about the User Item price and Users shall be required to confirm the purchase of the User Items. Users shall make the payment for the same to complete the transaction.

3. Payments

While availing Delivery Service, Users shall pay the purchase price of the User Items through the Platform, as may be communicated by the Delivery Partner on behalf of the Non- Tied up Merchant. Only upon processing such an agreed amount via Platform, shall the Delivery Partner purchase the User Items and complete the Delivery Service.

4. Cancellations

Delivery Tasks are not entitled to be cancelled once confirmed on the Platform. Cancellation post confirmation shall be subject to a cancellation fee as indicated to you on the Platform.

Sarrthy Subscription  Programme

  1. The Sarrthy Services are available through a Subscription Programme which offers pay per order, monthly, quarterly, and annual subscriptions.
  2. The Subscription period shall commence from the date the User opts to sign up for the Subscription and shall span across the time period of the Subscription Programme selected.
  3. Members with Subscriptions shall receive Subscription perks including exclusive discounts, priority delivery, customised recommendations based on the User’s preferences and purchase history, early access to promotions and  sales, and referral rewards, from time to time.
  4. Sarrthy reserves the right to modify or update the perks and benefits offered to members with prior notice

Sarrthy Referral Programme

  1. The Sarrthy referral programme is a reward program initiated to encourage Subscribed Users to refer the Platform to their friends and family.
  2. Each Subscribed User (a “Referee”) is provided with a referral code, which they may choose to share with people known to them personally and have consented to receive such referral code.
  3. Each new User (a “Referred User”) shall receive a Coupon valued at not less than INR 100/- (Indian Rupees One Hundred only) towards the monthly, quarterly, or annual subscription  fee, upon them entering the referral code shared by the Referee during the Account creation process.
  4. A Referee shall also receive a Coupon towards the monthly, quarterly, or annual subscription  fee upon the Referred User using the Platform for a task valued at not less than INR 100/- (Indian Rupees One Hundred only), within the first 7 (seven) days of the Referred User creating an Account
  5. Referees must refer and distribute the referral codes only to people known to them personally and have consented to receive such referral code. Referees must not send bulk and spam emails to distribute the referral code nor must users post it on any public platform for distribution to strangers. Any violation of these terms will immediately lead to disqualification of use of the Platform.
  6. In case of any issue pertaining to the eligibility to refer or be referred, the independent decision made by Sarrthy shall be final and binding. For any issue pertaining to receipt of the Coupon or Referral code, please write to support@sarrthy.com.
  7. Referees must not refer themselves or create multiple, fictitious or fake accounts with Sarrthy.
  8. Sarrthy reserves the right to terminate the Referral Programme or modify these terms at any point in time, without notice to users.

Pick Up and Drop Off Terms

Notwithstanding the generality of the Terms of Use, these terms and conditions specifically, apply to the PUDO Services are to be read in consonance with the Terms of Use.

  1. PUDO Services :
  1. The PUDO Services allow for Users to connect with Delivery Partners, to fulfil tasks raised by such Users, including, tasks to pick up and drop items (the “User Items”) from one location (“Pick-Up Location”) and to drop to another location (“Drop Location”), each a “PUDO Task”. It is expressly clarified that Sarrthy merely acts as a technology platform to facilitate PUDO Tasks initiated on the Platform and Sarrthy does not assume any responsibility or liability for any form of deficiency of services on part of the Delivery Partner.
    1. Upon initiation of a request for a PUDO Task, depending upon the availability and acceptance of the Delivery Partner, a Delivery Partner will be assigned to such task. The Delivery Partner shall pick up the User Items from the Pick-Up Location and drop off the User Items at the Drop Location.
  2. In using the PUDO Services, the Users understand, agree, acknowledge and accept that:
    • Sarrthy is not a retail store, restaurant, food delivery service, merchandise delivery service, a courier or shipping service or food preparation entity. Sarrthy operates an online marketplace and does not at any point of time during any transaction hold any right, title or interest over the items being transported pursuant to any PUDO Task.The Pick-Up Location and the Drop Location have been voluntarily added by the User on the Platform, and the User’s location data is collected in accordance with the Terms of Use and Privacy Policy.They are aware of the items to be transported through a PUDO Task, and that PUDO Tasks cannot be initiated, for item(s) which are illegal, hazardous, dangerous, or otherwise restricted or constitute items which are prohibited by any statute or law or regulation. Such items include, but are not limited to, radio-active, incendiary, corrosive or flammable substances, hazardous chemicals, explosives, firearms or parts thereof and ammunition, firecrackers, cyanides, precipitates, gold and silver ore, bullion, precious metals and stones, jewellery, semi-precious stones including commercial carbons or industrial diamonds, currency (paper or coin) of any nationality, securities (including stocks and bonds, share certificates and blank signed share transfer forms), coupons, stamps, negotiable instruments in bearer form, cashier’s cheques, travellers’ cheques, money orders, passports, credit/debit/ATM cards, antiques, works of art, lottery tickets and gambling devices, livestock, fish, insects, animals, plants and plant material, human corpses, organs or body parts, blood, urine and other liquid diagnostic specimens, hazardous or bio-medical waste, wet ice, pornographic materials, contraband, bottled alcoholic beverages or any intoxicant or narcotics and psychotropic substances. PUDO Tasks cannot be raised for dispatch of item(s) which require a special transportation permit or require any special license under applicable law.
  3. Upon becoming aware of the commission any offence or intention to commit any offence during a PUDO Task, Delivery Partners may report such information to the law enforcement authorities.
  • Payments

While initiating a PUDO Task, Users shall pay the corresponding service fees as displayed on the Platform upfront. Only on successful receipt of the service fee, will the Delivery Partner initiate/complete the PUDO Task.

  • Cancellations

PUDO tasks are not entitled to be cancelled once confirmed on the Platform. Cancellation post confirmation shall be subject to a cancellation fee as indicated to you on the Platform.

Holidays and non-working days

  1. Public Holidays shall be non-working days, as declared by the Central and State Governments. There shall be no refund, compensation, or service extension for the said public holidays. These days include; New year’s Day, Makkar Sankranthi, Shivaratri, Holi, Ugadi, Bonalu, Independence Day, Ganesh Chaturthi,  Vijaya Dashami  and Deepawali.
  • Other than the above mentioned days, any mandatory red-letter day as may be declared by the Central or State Governments, or any Force Majeure events, shall be treated depending on the situation as per Sarrthy’s discretion as may be communicated to the customers.

Customer Support Helpline

Users may contact Sarrthy Customer Support through phone call or WhatsApp using the number +91 81973 07272. Sarrthy shall respond to any customer complaints or queries within 4 working hours of such queries or complaints being made.