Terms of Service

1. Introduction

These Terms of Service ("Terms") govern your use of the DukanWale Platform, owned and operated by DukanWale ("Company", "we", "our", or "us"), registered as a Micro, Small and Medium Enterprise (MSME) under the Government of India's Udyam Registration scheme (Udyam Registration Number: UDYAM-BR-35-0056698). The Platform includes the DukanWale mobile applications for customers, sellers, and delivery partners, as well as any associated web interfaces and APIs.

By creating an account, placing an order, listing products, or accepting a delivery assignment, you confirm that you have read, understood, and agreed to these Terms and our Privacy Policy.

2. Definitions

"Platform" means the DukanWale mobile applications, websites, APIs, and related services.

"Customer" means any person who uses the Platform to browse and order grocery or daily-need products.

"Seller" means any business or individual who registers as a merchant to list and sell products on the Platform.

"Rider" means any individual registered as a delivery partner to fulfil delivery assignments.

"Order" means a request placed by a Customer to purchase goods listed on the Platform.

"AI Features" means voice ordering, image-based ordering (OCR), and conversational ordering powered by artificial intelligence.

"UPI" means Unified Payments Interface, a real-time payment system regulated by NPCI.

"Content" means any text, images, voice recordings, or other material uploaded to or generated on the Platform.

3. Eligibility & Account Registration

You must be at least 18 years of age to create an account and use the Platform. By registering, you represent and warrant that all information provided during registration is accurate, current, and complete; you will maintain the accuracy of your account information; you are not prohibited from using the Platform under any applicable law; and you will keep your login credentials confidential and notify us immediately of any unauthorised use.

The Company reserves the right to refuse registration, suspend, or terminate accounts at its sole discretion, including where verification documents are found to be fraudulent or incomplete.

4. The Platform & Services

4.1 Marketplace Nature — DukanWale operates as a technology marketplace that connects Customers, Sellers, and Riders. The Company does not own, store, or sell products listed on the Platform. Sellers are independent merchants responsible for the quality, accuracy, and legality of their listings.

4.2 AI-Assisted Ordering — the Platform uses AI models to interpret Customer orders placed via voice, image, or text. AI interpretations are best-effort and may not always be perfectly accurate. Customers should review their cart before confirming payment. The Company is not liable for errors arising from AI misinterpretation where the Customer had the opportunity to review.

4.3 WhatsApp Integration — the Platform may offer ordering and communication via WhatsApp. WhatsApp communications are subject to Meta's terms of service in addition to these Terms. The Company is not responsible for delays caused by WhatsApp service outages.

4.4 Service Availability — the Company will endeavour to maintain Platform uptime but does not guarantee uninterrupted service. Scheduled maintenance, infrastructure upgrades, or force majeure events may result in temporary unavailability.

5. Orders, Payments & Cancellations

5.1 Order Confirmation — an Order is confirmed only upon successful payment authorisation. The Company sends an order confirmation via the app and/or WhatsApp. Seller acceptance of the Order constitutes a binding contract of sale between the Seller and the Customer.

5.2 Pricing — product prices are set by Sellers and are inclusive of applicable GST unless stated otherwise. Delivery charges, platform fees, and applicable taxes will be displayed at checkout before confirmation.

5.3 Payment — payments are processed via UPI or other payment methods available on the Platform. The Company uses PCI-DSS compliant payment gateways and does not store full card details or UPI credentials on its servers.

5.4 Cancellations & Refunds — Customers may cancel orders before a Seller accepts them. Post-acceptance cancellations are subject to the Seller's cancellation policy. An order not dispatched or delivered by the end of the day it was placed is automatically cancelled. Refunds for valid cancellations or failed deliveries will be credited to the original payment method within 5–7 business days. Disputes must be raised within 48 hours of the scheduled delivery time.

6. Prohibited Activities

You agree not to: use the Platform for any unlawful purpose or in violation of these Terms; list or attempt to purchase prohibited goods including narcotics, weapons, counterfeit products, or items banned under Indian law; attempt to reverse-engineer, hack, or disrupt the Platform or its AI systems; create false accounts, impersonate another person, or provide false identity documents; engage in price manipulation, fake orders, or any form of fraud; use bots, scrapers, or automated tools to access the Platform without written permission; harass, threaten, or abuse any other user of the Platform; or attempt to circumvent the Platform to conduct transactions outside of it with parties introduced through the Platform.

Violation of these prohibitions may result in immediate account suspension, forfeiture of any pending earnings, and/or legal action under applicable Indian law.

7. Intellectual Property

All intellectual property rights in the Platform — including the DukanWale name, logo, AI systems, software, interfaces, and original content — are owned by or licensed to DukanWale.

You are granted a limited, non-exclusive, non-transferable, revocable licence to use the Platform solely for its intended purpose. This licence does not include the right to reproduce, modify, distribute, or create derivative works of any part of the Platform.

Content you upload (product images, voice recordings, etc.) remains your property, but you grant the Company a worldwide, royalty-free licence to use, store, and process that content to operate and improve the Platform.

8. Disclaimers & Limitation of Liability

8.1 Platform "As Is" — the Platform is provided on an "as is" and "as available" basis without warranties of any kind, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.

8.2 Limitation — to the maximum extent permitted by applicable law, DukanWale's total liability to you for any claim arising out of or relating to the Platform shall not exceed the amount paid by you (or on your behalf) for the specific Order giving rise to the claim, in the three (3) months preceding the claim.

8.3 Exclusions — the Company shall not be liable for indirect, incidental, or consequential damages; product quality issues caused by Sellers; delays caused by Riders; network or payment gateway failures; or losses arising from force majeure events.

Note: Nothing in these Terms limits the Company's liability for death or personal injury caused by negligence, fraud, or fraudulent misrepresentation, or any liability that cannot be excluded under Indian law.

9. Indemnification

You agree to indemnify and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: your use of the Platform; your violation of these Terms; your violation of any rights of a third party; or your listing, sale, or purchase of goods.

10. Term & Termination

These Terms take effect when you first use the Platform and remain in effect until terminated.

The Company may suspend or terminate your access at any time, with or without notice, if it reasonably believes you have violated these Terms, engaged in fraudulent activity, or if required to do so by law.

You may deactivate your account at any time using the "Delete my account" option in your app's Profile screen, or by emailing legal@dukanwale.store from your registered email or registered mobile number. Upon termination, all outstanding obligations (including payment for completed orders) survive.

11. Governing Law & Dispute Resolution

These Terms are governed by and construed in accordance with the laws of India, without regard to conflict of law principles.

Any dispute arising out of or in connection with these Terms shall first be attempted to be resolved through good-faith negotiation. If unresolved within 30 days, disputes shall be referred to arbitration under the Arbitration and Conciliation Act, 1996 (as amended). The seat of arbitration shall be Bengaluru, Karnataka, India. The language of arbitration shall be English.

Nothing herein prevents either party from seeking emergency injunctive relief from a court of competent jurisdiction.

12. Changes to Terms

The Company may update these Terms from time to time. Updated Terms will be posted in the app with at least 7 days' notice before they take effect for existing users. Continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

13. Contact

For questions about these Terms, contact us at legal@dukanwale.store.