General

1.1. The domain name dailymoo.in along with the Daily Moo Application(s) (hereinafter referred to as "Website") are owned by Milk Mantra Dairy Private Limited (“Milk Mantra”) a company incorporated under the Companies Act, 1956 and subsisting under the Companies Act, 2013 having its registered office at 7th and 8th Floor, Z Tower, Patia, Bhubaneswar, Odisha – 751024.

1.2. The present terms of use (“Terms of Use”) govern the use of the Website. Any person viewing and/or using the Website (“User”) shall be bound by the present Terms of Use. By viewing and/or using the Website the User shall be deemed to have entered into a contract with Milk Mantra and would have signified their acceptance to the Terms of Use and other policies as posted publicly by Milk Mantra, from time to time, on its Website.

1.3. Milk Mantra is inter alia engaged in the production and distribution of milk/dairy-based products and operates an application-based/website product distribution service called “Daily Moo”. Daily Moo enables customers to place orders for products which are delivered to the customer’s doorstep in terms of their specific requirement/order on a subscription model and on non-subscription basis and allows buyers to browse various goods or services offered for sale. The buyers can choose and place orders from a variety of products listed and offered for sale on the Website and Milk Mantra enables delivery of such orders at select localities.

Amendment and Modification

2.1. Milk Mantra reserves its right to modify/change/amend the present Terms of Use from time to time by updating the Terms of Use on the Website. By continuing to use the Website the User shall be deemed to have accepted the updated Terms of Use.

Variables

3.1. The User agrees and understands that all prices on the Website are subject to change without notice and upon purchase, a User shall pay the applicable price for the products ordered by it.

3.2. The User agrees and understands that all products listed on the Website are mere invitation to offer/purchase and do not constitute a promise upon viewing. All stocks displayed on the website are subject to errors and discrepancies and Milk Mantra neither represents nor warrants complete accuracy of the same.

3.3. The User agrees and understands that a substantial number of items sold on the Website are of highly perishable nature and Milk Mantra shall not be liable for any perished products post-delivery of the products, subject to return/refund policy.

3.4. The User agrees and understands that the Website lists several products which are not produced by Milk Mantra. Milk Mantra neither makes any representation nor guarantees or warrants as to the specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on the Website nor does implicitly or explicitly supports or endorses the sale or purchase of any such products on the Website. Milk Mantra accepts no liability for any errors or omissions, on behalf of Third-Party Manufacturers, Producers/Vendors.

3.5. The User agrees and understands that all images displayed and information on the Website are merely indicative and for reference only and the products may vary from the images/descriptions. Be that as it may, Milk Mantra shall make reasonable efforts to ensure consistency of the delivered products with the product descriptions and images.

3.6. The User agrees and understands that Milk Mantra shall under no circumstances be liable for any deficiencies in the products manufactured by third parties. The User shall have direct remedies with the third-party manufacturer.

3.7. The User agrees and understands that although Milk Mantra shall make reasonable efforts to adhere to indicated delivery timelines and quantity, all delivery timelines and quantities specified on the Website are subject to variation due to internal and external factors.

3.8. In case the User faces any inconsistency with the ordered products and the delivered products, the User shall intimate the same to Milk Mantra on an immediate basis and in any event not later than three (3) days from such delivery.

Account Registration or Use of The Platform

4.1. The Website allows Users to register by creating an account.

4.2. The User shall only create one account and shall not be permitted to create multiple accounts.

4.3. Milk Mantra reserves the right to suspend or terminate the account and access to the Services (i) if any information provided during the registration process or thereafter found to be inaccurate, not current or incomplete; (ii) if it is believed that a User’s actions may cause undesirable legal liability for the User, other users or Milk Mantra; and/or (iii) if a User is found to be non-compliant or in contravention of the Terms of Use.

4.4. The User agrees to provide current, complete and accurate credentials and account information for all purchases made at the Website. The User agrees to promptly update its account and other information.

Personal Information

5.1. The User Agrees and consents to the fact that Milk Mantra may collect the following personally identifiable information about the User as a part of the registration process: complete name, parentage, age, emails addresses, mobile numbers and other contact details, demographic profile (gender, occupation, education, address etc.) and information received from cookies and analytical software (e.g., Google Analytics).

5.2. The User agrees and accepts the fact that despite Milk Mantra taking reasonable steps in safeguarding the credentials and data of the User, the security of the User’s information is not guaranteed subject to data breaches, hacks, etc.

5.3. The User shall be responsible for maintaining the confidentiality of its credentials and all activities that occur under its profile. The User agrees that any information that is untrue, inaccurate, not current or incomplete or if Milk Mantra has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with this Terms of Use, Milk Mantra shall have the right to indefinitely suspend or terminate or block access of the User’s membership on its Website

Return refund and Cancellation Policy

6.1. Any cancellation of subscribed order can be done by 5 PM a day prior to the delivery, failing which the order would be deemed as final and corresponding charges will be deducted. Under no circumstances, apart from technical failure, the amount deducted is to be refunded to user bank account. In case of amount deducted because of technical failure of the payment gateway, users need to contact the payment gateway service for refund of amount, if deducted. In case of any complain of non-delivery, damage of products the user is requested to lodge the grievance on Help & Support section available in app and also contact the customer care post which our executives will attend/verify the complain.

6.2. If the complain is approved, then your refund will be processed in term of an equal amount in your Daily Moo Wallet.

Governing Law and Jurisdiction

7.1. These Terms of Use shall be construed in accordance with the applicable laws of India. The Courts at Bhubaneshwar shall have exclusive jurisdiction in any proceedings arising out of these Terms of Use. Any dispute or difference either in interpretation or otherwise, of any terms of these Terms of Use between the parties hereto, the same shall be referred to an independent arbitrator who will be appointed by both parties. The above arbitration shall be in accordance with the Arbitration and Conciliation Act, 1996 as amended from time to time. The arbitration shall have its seat at Bhubaneshwar.

Eligibility

8.1 The Website shall only be used by persons who are capable of forming a legally binding contract under the Indian Contract Act, 1872. All person(s) who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents, etc. are not eligible to use the Website. A minor under the age of 18 years, shall not access or use the Website. Milk Mantra may choose to refuse access to the Website if it is discovered that the User is under the age of 18 years. Any act/omission by a minor shall be deemed to be an act/omission by the guardian of the minor and would entail consequential responsibility and liability.

Billing error and Connections

9.1. If Milk Mantra has a reason to believe that a clerical, billing or accounting error has occurred or if the User has any issues with errors or billing, Milk Mantra will investigate and communicate the results and correct any error that after conducting a thorough investigation in a reasonable time- frame. If no errors are found, a suitable explanation shall be communicated to the User. Milk Mantra shall have no liability whatsoever for any billing error post 30 days of the date of the transaction in question.

Intellectual Property

10.1 Unless otherwise stated, all trademarks, copyright and all other intellectual property rights in all material presented on the Website (including but not limited to text, audio, video, or graphical images), trademarks and logos appearing on this site are the property of Milk Mantra and are protected under applicable Indian laws. Any infringement/passing off shall be vigorously defended and pursued to the fullest extent permitted by law.

10.2 The User agrees that the Website may provide Users with an option to post reviews and other comments, questions, suggestions, or other information, however, all such content submitted by User shall not infringe or violate third party intellectual property rights and User hereby grants Milk Mantra a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable right and licence to use such User Content.

10.3 The User agrees that it shall not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit or in any way exploit any part of the Website or any content thereon. The User shall not distribute any part of the Website or any content thereon over any network, including, without limitation, a local area network, or sell or offer it for sale.

10.4 The User agrees that it has been granted access to the Website for the sole purpose of personal use and agrees not to, directly or indirectly download, or modify/alter/change/amend/vary/transform/revise/translate/copy/publish/distribute and/or otherwise disseminate any content on the Website or any portion of it, or decompile, reverse engineer or disassemble any software or other products or processes accessible at the Website, which includes its source code.

10.5 The User is forbidden from collecting and using any product listings, descriptions, or prices, any derivative use of the Website or its contents, any downloads or copies of account information for the benefit of any other merchant.

Prohibited Activities

11.1. The User agreed that it shall not use the services offered by the Website for any purpose that is unlawful or prohibited by the present Terms of Use, these terms, conditions and notices or under any law for the time being enforced.

11.2. The User agrees to it shall not post, display, upload, modify, publish, transmit, update, or share any information on the website, that:

Payment

12.1. The User agrees and understands that the Website uses a third-party payment gateway for processing transactions. Milk Mantra shall neither be liable for any errors arising out of the use of the payment gateway, frauds committed on the payment gateway nor will it be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly due to the transactions conducted on the payment gateway.

12.2. In case of any genuine issues and based on its own discretion, Milk Mantra may assist users in resolving transaction issues with the payment gateway.

Revision of Product and Service

13.1. The User agrees and understands that the prices indicated on the Website are subject to change without any prior notice. Milk Mantra reserves its right to modify or discontinue the product/service (or any part or content thereof) without any prior notice to the User at any time.

13.2. Milk Mantra reserves its right to limit the sales of its products or services without any prior notice. Milk Mantra also reserves its right to limit the quantities of any products or services that it offers at its sole discretion. It also reserves its right to discontinue any product or any promotional offer at any time without any prior notice.

Shipping Policy

14.1. We try and deliver the products based on the subscription/order created by the user. However, we shall not be liable for delayed delivery in case of any force majeure condition.

Milk Mantra May Discontinue or Suspend the Website or Terminate Use

15.1. Milk Mantra reserves its right to at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice without any liability whatsoever. Milk Mantra reserves the right to suspend/cancel, or discontinue any or all categories, products or service or any part thereof at any time without notice, make modifications and alterations in any or all of the content, products and services, prices contained on the website without prior notice.

15.2. Milk Mantra shall not be liable to the User or any third party for any modification, suspension, or discontinuance of the Website. In addition, Milk Mantra reserves the right to terminate the User's access to the Website for any reason, and to take any other actions that Milk Mantra, in its sole discretion, believes to be in its interest and/or of other Users as a whole.

Indemnity

16.1. The User agrees to indemnify and hold harmless Milk Mantra, its parent company/companies, investor(s), holding company/companies, affiliate(s), and their respective member(s), director(s), officer(s), manager(s), employee(s), shareholder(s), and agent(s), from and against all losses, expenses, damages and costs, including attorneys’ fees and from all claims including but not limited to claims for defamation, privacy and intellectual property infringement and damages or resulting from any violation by the User of these Terms of Use of the law of the land.

Liability

17.1. The Website may include external links and pointers to various other sites, content and services provided by third parties. Such linking to any third party does not imply an endorsement or sponsorship of such sites or the information, products or services offered on or through the sites. In addition, Milk Mantra does not operate or control in any respect any information, products or services that third parties may provide on or through the website or on web sites linked to by the Website. Milk Mantra and its affiliates, and their respective members, directors, officers, managers, employees, shareholders and agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to this website or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in the Website (including, without limitation, as a result of a breach of any warranty or other term of these Terms of Use).

Disclaimer

18.1. The use of the Website is at the User’s own risk, the materials, information, products, and services offered on or through the Website or external links are provided on “as is basis and without any warranties of any kind either express or implied.” Milk Mantra does not warrant that its Website will be uninterrupted or error-free or will have 100% uptime. There may be delays, omissions, interruptions, and inaccuracies in, information or other materials available through the Website. Milk Mantra does not make any warranties, express or implied, including, without limitation, those of merchantability and fitness for a particular purpose, with respect to the Website or any information or goods that are available or advertised or sold through the Website. Milk Mantra does not make any representations, nor does it endorse the accuracy, completeness, timeliness or reliability of any advice, opinion, statement or other material or database displayed, uploaded or distributed on the Website or available through links on the Website. Milk Mantra reserves the right to correct any errors or omissions in its Website. Although Milk Mantra shall take reasonable steps to prevent the introduction of viruses, worms, “trojan horses” or other destructive materials/malware on its Website, it does not guarantee or warrant that the Website or materials that may be downloaded from the Website do not contain such destructive features/malware. Milk Mantra shall not be liable for any damages or harm attributable to such features.

18.2. Milk Mantra expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.

18.3. Milk Mantra expressly disclaims all liability that may arise due to any issues with respect to the third-party products available on the Website. Milk Mantra shall not be responsible for any warranty, guarantee, post-sale claims, content, products and services of such products All claims arising out of such products including but not limited to product liability claims, damages and injuries which may happen due to consumption shall be referred to the concerned manufacturer/producer/vendor and Milk Mantra shall be absolved for any liability arising out of such claim.

18.4. Milk Mantra shall in no event be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential, or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any product or service provided by any third party accessed through the Website, whether based on any legal theory.

18.5. Notwithstanding anything to the contrary contained herein, neither Milk Mantra nor its affiliates or its officers, directors, employees shall have any liability to the User or to any third party for any direct, indirect, incidental, special or consequential damages or any loss of revenue or profits arising under or relating to the Terms of use, the Website or Milk Mantra’s services, even if any of said parties had been advised of, knew of, or should have known of, the possibility of such damages. To the maximum extent permitted by law, Milk Mantra’s maximum aggregate liability towards the User for any causes whatsoever, and regardless of the form of action (whether liability arises due to negligence or any other tort, breach of contract, violation of statute, misrepresentation or for any other reason), will at all times be limited to INR 5,000 or the price of the products sold, whichever is lower. To the maximum extent permitted by law, the User waives, release, discharge and hold harmless Milk Mantra or affiliates of Milk Mantra, and each of their directors, officers, employees, and agents, from any and all claims, losses, damages, liabilities, expenses and causes of action arising out of the User’s use of the Website.

Disclosures, Violation and Termination

19.1. The User understands that Milk Mantra has no obligation to monitor any bulletin boards, chat rooms, or other areas of the Website through which users can supply information or material. Milk Mantra reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in Milk Mantra’s sole discretion are objectionable or in violation of these Terms of Use.

19.2. The User may terminate these Terms of Use at any time by notifying us that it no longer wishes to use the Website or its services, or when it ceases using the Website.

Miscellaneous

20.1. These Terms of Use shall be governed by and construed in accordance with the laws of India without giving effect to any of its conflicts of law provisions. The User agrees that any cause of action relating to its use of the Sites must be filed in the courts located in Bhubaneswar in India subject to the arbitration clause contained herein.

20.2. Milk Mantra may transfer its rights and obligations under the Terms of Use at any time without notice.

20.3. Any failure by Milk Mantra to enforce or exercise any provision of these Terms of Use shall not constitute a waiver of that right or provision. In the event of termination of these Terms of Use for any reason, the provisions entitled Disclaimer, Liability, Indemnification, and other provisions for which survival is equitable or appropriate shall survive.

Severability

21.1. If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.

Refund Policy to DailyMoo Wallet

21.2. Milk Mantra Pvt Ltd. through its Direct-to-consumer app DailyMoo strives to provide high-quality products with exceptional service. We understand that there may be instances where you may need to request a refund or cancelation. This refund policy outlines the conditions and procedures for requesting a refund to DailyMoo wallet & cancelation for purchases made through our Daily moo app.

21.3. By using our app and placing an order, you agree to the terms of this refund policy. Please read this policy carefully before making a purchase.

Eligibility for Refunds & cancelation

21.4. Refunds may be considered under the following circumstances:

21.5. Incorrect or Incomplete Order: If you receive an incorrect item or if an item is missing from your order, you may be eligible for a refund.

21.6. Delivery Issues: If your order is not delivered within a reasonable timeframe or is lost during delivery, you may be eligible for a refund.

21.7. Refunds will be evaluated on a case-by-case basis, and Milk mantra Pvt Ltd. reserves the right to exercise exclusive discretion in determining eligibility for a refund.

Refund & cancellation Request Process

21.8. If you believe you are eligible for a refund, you must contact our customer support within 24 hours of receiving the order. Failure to notify us within this timeframe may result in the denial of your refund request.

21.9. When contacting our customer support, please provide the following information:

22.0. Your order number and relevant details of the purchase.

22.1. Clear and detailed information regarding the issue for which you are requesting a refund, including supporting evidence such as photographs or any other relevant documentation.

22.2. Our Team will review your refund request and may request additional information if necessary. We will make reasonable efforts to respond to your request in a timely manner.

Refund Resolution

22.3. Upon receipt of your refund request and supporting evidence. Milk Mantra Team will evaluate the request and determine whether a refund is appropriate.

22.4. If your refund request is approved, Milk mantra will issue a refund To your DailyMoo wallet.

22.5. The refund amount will be equal to the price paid for the product(s) subject to the refund. Any applicable taxes, delivery charges, or fees may not be refundable.

22.6. Refunds may take upto 7 working days to reflect in your DailyMoo wallet.

Exclusions

22.7. The following circumstances are not eligible for refunds:

22.8. Change of Mind: Refunds will not be granted due to a change of mind or personal preference.

22.9. Allergies or Dietary Restrictions: Refunds will not be provided if the product(s) do not meet your specific dietary requirements or if you have failed to check the allergen information before making a purchase.

23.0. Our team may, depending upon the analytics and customer behaviour pattern, distinguish habitual refund availing personnel. In case of continuous refund which may be ill intentioned, the same is liable to be cancelled.

Refund Policy to Bank account

23.1. Refund to bank account is prohibited.

Exception:

23.1.1. In the case where, company has discontinued its operation or cease to do business by exclusive declaration by relevant circular or daily moo newsletter, then only refund to the bank account in which the transaction was originally made by the user would be allowed.

23.1.2. Refund amount would be Total amount present in the wallet with deduction of last given cashback.

23.1.3. Upon receipt of your refund request and supporting evidence. Milk Mantra Team will evaluate the request and determine whether a refund is appropriate.

23.1.4. The refund amount would reflect in the user’s bank account within 30 working days.

Modifications to the Refund Policy:

24.1. Milk Mantra reserves the right to modify or update this refund policy at any time without prior notice. Any changes will be effective immediately upon posting the updated policy on the app. Your continued use of the app after any modifications or updates constitutes your acceptance of the revised refund policy.

24.2. By using our Daily Moo, you acknowledge that you have read, understood, and agreed to this refund policy.

Grievance Redressal

25.1. Any complaints. or concerns with regards to the processing of information provided by the User or breach of these terms shall be immediately informed to the designated Grievance Officer as mentioned below via in writing by email to [email protected] or by post/courier to:
The Grievance Officer
Milk Mantra Dairy Pvt Ltd,
Corp Office: 7 - 8, Z Tower, Patia, Bhubaneswar.
Pin: 751024
Ph: 1800 123 5666