Terms and Conditions

Acceptance of terms

• These Terms are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of Blinkit’s website bistro.blinkit.com ("Site") and/or any related mobile or software applications in relation to the Bistro Services (collectively referred to as, “Bistro Platform”).
• Your use/ access of the Bistro Platform shall be governed by these Terms and the Privacy Policy of Blinkit as available at https://bistro.blinkit.com/privacy-policy (“Privacy Policy”). By accessing the Bistro Platform and/ or undertaking any sale-purchase transaction, you agree to be bound by the Terms including any additional terms and conditions and policies referenced herein and/or available by hyperlink on the Bistro Platform. and acknowledge that it constitutes an agreement between you and Blinkit. You may not access the Bistro Platform and use the Bistro Services if you do not accept the Terms or are unable to be bound by the Terms/ the Privacy Policy.
• These Terms may be updated from time to time by Blinkit without notice. It is therefore strongly recommended that you review these Terms, as available on the Bistro Platform, each time you access and/or use the Bistro Platform. In the event there is any conflict or inconsistency between these Terms and any other terms of use that appear on the Blinkit Platform, Site and/ or the Bistro Platform, in relation to the Bistro Services, these Terms will prevail.

Bistro Services Overview

• Bistro Platform is a platform for consumers to transact with the Restaurant Partner(s), offering food and beverage products (“Products”) for sale, as displayed on the Bistro Platform, based on availability (“Bistro Services”). For abundant clarity, Blinkit does not provide any services to users other than providing the Bistro Platform as a platform, to transact at their own cost and risk, and other services as may be specifically notified in writing. Bistro Services on the Bistro Platform are available to only select geographies in India.
• Blinkit is not and cannot be a party to any transaction between you and the Restaurant Partner(s). Blinkit therefore disclaims all warranties and liabilities associated with any products/services offered on the Bistro Platform. “Restaurant Partner(s)”, for the purposes of these Terms and with respect to the Bistro Platform shall mean: commercial establishments/ restaurants selling Products on the Bistro Platform.

Eligibility

• Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, undischarged insolvent, etc. are not eligible to use/access the Bistro Platform. However, if you are a minor, i.e., under the age of 18 years, you may use/access the Bistro Platform under the supervision of an adult parent or legal guardian “competent to contract” who agrees to be bound by these Terms. You are however prohibited (even under supervision) from purchasing any product(s) which may be for adult consumption only.
• Bistro Platform is intended to be a platform for end-consumers desirous of purchasing product(s)/availing services for domestic self-consumption. If you are a retailer, institution, wholesaler or any other business to business user, you are not eligible to use the Bistro Platform.
• In order to determine compliance with eligibility criteria, Blinkit uses inter alia algorithms and/or pre- determined criteria-based technology and accordingly, from time to time, your usage may be restricted or blocked on account of overlap with such algorithms/pre-determined criteria. In such cases, if you are a genuine user of the Bistro Platform, please contact us for assistance.
• If you are using the Bistro Platform on behalf of any person/ entity, you represent and warrant that you are authorized to accept these Terms on behalf of such person/ entity. Further, you and such person/ entity agree to be jointly, severally liable and indemnify us for violations of these Terms.

Account & Registration Obligations

• All users must register and log in for placing orders on the Bistro Platform. You must keep your account and registration details current and correct for all communications related to your purchases from the Bistro Platform. By agreeing to the Terms, you agree to receive promotional, transactional or other communications, and newsletters from Blinkit and its group companies/ affiliates. You can opt out from such communications and/or newsletters by using the opt out options as available in such communications. You can also change your notification preferences as available in your profile section of Bistro Platform.
• When you access and use the Bistro Platform, we may collect your personally identifiable information, including but not limited to name, email address, age, address, mobile phone number, and other contact details, demographic profile (like your age, gender, occupation, education, address, etc.), preferences and information about the pages on the Bistro Platform you visit/access, the links you click on the Bistro Platform, the number of times you access a particular page/feature. We may also collect information pertaining to the transactions you undertake on the Bistro Platform including financial information, and any other such information as may be required to provide you with services and to administer the Bistro Platform. Personal data and identifiable Information so collected will be subject to the Privacy Policy.
• By registering your mobile number with us, you provide your consent to be contacted by us or through a third party service provider via phone calls, SMS notifications, mobile applications and/or any other electronic mode of communication in case of any order or shipment or delivery or customer support related updates or for other correspondence as may be required in due course of provision of our Bistro Services.

Limited Licence & Access

• Subject to the provisions set out in these Terms, Blinkit grants you a personal, limited, non-exclusive, non- transferable and revocable license to access (for personal use only) the Bistro Platform and avail the Bistro Services, only as expressly permitted in these Terms. Provided that you shall not download (other than page caching) or modify any portion thereof, except with express prior written consent of Blinkit. Such limited license does not include/permit any resale or commercial use of the Bistro Platform or its contents; any collection, use or derivative use of the Bistro Platform, its contents, any product listings, descriptions, or prices; any downloading or copying of information for the benefit of another third party; or any use of data mining, robots, or similar data gathering and extraction tools.  
• You hereby agree and undertake not to use, host, display, upload, modify, publish, transmit, update or share any information/ content/ message/ language/ document (including pursuant to gifting services / orders to be delivered to someone else-3rd party recipients/ messages to be delivered along with the order) (whether in writing or otherwise while communicating on the Bistro Platform including but not limited to communicating with our support agents or delivery partners, through any medium) which (“Prohibited Conduct”) :
  • Belongs to another person and to which you do not have any right or full rights;

  • Is harmful, threatening, abusive, indecent, discriminatory, tortious, vulgar, profane, harassing, blasphemous, defamatory, problematic, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise offensive, objectionable, menacing, inappropriate or unlawful in any manner whatever;

  • Contains material that violates the standards of the Bistro Services;

  • Accuses others of illegal activity, or describes physical confrontations;

  • Attempts to impersonate another person or entity;

  • Disguises or attempts to disguise the origin of your messages, content, including but not limited to by: (a) submitting your content under a false name or false pretences; or (b) disguising or attempting to disguise the IP address from which your content is submitted;

  • Harms minors in any way;

  • Infringes any patent, trademark, copyright or another proprietary/intellectual property right;

  • Violates any applicable law and/ or may result in a civil/ criminal liability;

  • Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;

  • Threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

  • Is misleading or known to be false in any way; and/ or

  • Attempts to do any of the foregoing.

• You acknowledge that Blinkit has no obligation to monitor your – or anyone else's – access to or use of the Bistro Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Bistro Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body.

• Any and all liability arising out of or relating to violation of these Terms including in relation to the aforesaid information/ content/ message is your sole and absolute responsibility, and not of Blinkit.

• Bistro Platform or any portion of the Bistro Platform may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express prior written consent of Blinkit.

• You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Bistro Platform or of Blinkit and/or its group companies/ affiliates without the express prior written consent of Blinkit.

• You may not use any meta tags or any other “hidden text” utilizing Blinkit’ name or trademarks without the express prior written consent of Blinkit.

• You shall not attempt to gain unauthorized access to any portion or feature of the Bistro Platform, or any other systems or networks connected to the Bistro Platform or to any server, computer, network, or to any of the services offered on or through the Bistro Platform, by hacking, ‘password mining’ or any other illegitimate means.

• Any unauthorized use shall automatically terminate the permission or license granted by Blinkit determined at Blinkit’ sole discretion.

Advertising

• Part of the website may contain advertising information or promotional material or other material submitted to Blinkit by third parties/ brands or customers. Responsibility for ensuring that material submitted for inclusion on the Bistro Platform complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers (other than Blinkit) found on or through the Bistro Platform, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. Blinkit will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Bistro Platform.
• For any information related to a charitable campaign ("Charitable Campaign") sent to customers and/or displayed on the Bistro Platform where customers have an option to donate money by way of (a) payment on a third party website; or (b) depositing funds to a third party bank account, Blinkit is not involved in any manner in the collection or utilisation of funds collected pursuant to the Charitable Campaign. Blinkit does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and the customers are advised to do an independent verification before taking any action in this regard.
• As part of the advertising/ marketing/ visibility campaigns, third parties/ brands/ advertisers / sponsors may run banner content/ sampling schemes/ contests/ flyers/ freebies distribution/ other such promotional campaigns on/ via the Bistro Platform. Notwithstanding anything to the contrary, You agree that to the fullest extent permitted under law, Blinkit shall not have any liability in relation to such campaigns (including contests/ contest rewards), which shall be a bipartite arrangement between you and the third parties/ brands/ advertisers / sponsors, including with respect to fulfilment of obligations as specified thereunder. Participation in such campaigns, accessing any embedded third party link, scanning codes and/ or availing services pursuant to such campaigns shall be at your own risk and additionally, be governed by the terms and conditions of the campaigns and of the relevant third parties/ brands/ advertisers / sponsors. Blinkit makes no representation or warranty of any kind, either express or implied, with respect to the campaigns (including contest / contest rewards). The third party/ brand/ advertiser/ sponsor shall be solely responsible for fulfilment thereto.

Disclaimers

• You acknowledge and undertake that you are accessing the Bistro Services on the Bistro Platform and transacting at your own risk and are using your best and prudent judgement before entering into any transactions. Blinkit makes best efforts to display available products, including in respect of their colour, size, shape and appearance, as accurately as possible. However, as the same are representative, the actual color, size, shape and appearance may have variations from the depiction on your mobile/computer/ display screen.
• Blinkit does not make any representation or warranties in respect of the Products available on the Blinkit Bistro Platform nor does Blinkit implicitly or explicitly support or endorse the sale or purchase of any such Products on the Blinkit Bistro Platform. Blinkit accepts no liability for any error, inaccuracy or omission of third parties or for information/inputs received from third parties and provided to you through the Blinkit Bistro Platform or otherwise.
• You acknowledge and agree that Blinkit shall not, at any time, have any ownership and/or title to any Product(s), which is subject to a bipartite sale and purchase contract between you and the Restaurant Partner. Blinkit does not have any control over the quality, failure to provide or any other aspect whatsoever of the Product(s).

Delivery Partners

• We facilitate delivery of orders placed on the Bistro Platform through independent contractors, i.e. delivery partners, on a principal-to-principal basis. For abundant clarity, the delivery partners are neither employees nor agents of Blinkit, and they are purely associated with Blinkit as independent service providers on a principal-to-principal basis and are not exclusively bound by Blinkit to provide delivery services at any given point. To clarify, there exists no principal – agent relation between Blinkit and the delivery partner, and as such, Blinkit, in no case whatsoever, can be held liable for the act(s)/ omission(s) of the delivery partner.
• You are expected to respect the dignity and diversity of delivery partners and also enable provision of a secure and fearless gig/ platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards delivery partners. We reserve the right to withhold your access to the Bistro Platform and otherwise limit your access to the Bistro Platform at our absolute discretion if you behave with a delivery partner in a manner which is discourteous, disrespectful, or abusive, or which otherwise may be deemed to be inappropriate or unlawful. You are expected to treat all delivery partners with courtesy and respect. The consequences of any such inappropriate action of yours, including claims made/ compensation claimed by any delivery partner, shall be to your account entirely.

Reviews, Feedback, Submissions

• All reviews, comments, feedback, suggestions, ideas, and other submissions disclosed, submitted or offered on the Bistro Platform or otherwise disclosed, published, submitted or offered in connection with use of the Bistro Platform/Bistro Services (collectively, the “Comments”) shall be and remain the property of Blinkit. In consideration of availing the Bistro Services on the Bistro Platform and by submitting your Comments, you hereby irrevocably grant Blinkit and its group companies/ affiliates a perpetual, irrevocable, world-wide, non- exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use your Comments and all intellectual property rights therein for any purpose including advertisements and marketing.  
• Blinkit will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from any Comments, and publish, display and distribute any Comments submitted for any purpose whatsoever without restriction. Blinkit is and shall be under no obligation to: (a) maintain any Comments in confidence; or (b) pay compensation for any Comments or use of any Comments; or (c) respond to any Comments. You agree that any Comments submitted by you on the Bistro Platform will not violate the Terms or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you on the Bistro Platform will be or contain libellous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mails or any form of ‘spam’. Blinkit does reserve the right (but assumes no obligation) to monitor, edit and/or remove any Comments submitted on the Bistro Platform. You hereby grant Blinkit the right to use names that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are, and shall remain, responsible for the content of any Comments you make and you agree to indemnify the Blinkit, its group companies, affiliates, and their respective directors, employees, officers, agents and representatives (“Blinkit Parties”) against all claims, loss and liabilities resulting from any Comments you submit.  
• Third party content/ Comment, including content posted by customer(s)/ Comments, does not reflect our views or that of our affiliates. We assume no responsibility or liability for any of your content/ Comment or any third party content.  
• Further, any reliance placed on the Comments available on the Bistro Platform from a third party/ other users shall be at your sole risk and expense.

Intellectual Property

• Blinkit and the advertisers (as the case may be) expressly reserve all intellectual property rights in all text, programs, products, processes, technology, images, content and other materials which appear on the Bistro Platform. Access to or use of the Bistro Platform does not confer and should not be considered as conferring upon anyone any license, sub-license to any intellectual property rights. All rights, including copyright, in and to the Bistro Platform are owned by or licensed to Blinkit. Any use of the Bistro Platform or its contents, including copying or storing it or them in whole or part is prohibited without the express prior written consent of Blinkit.

• You may not modify, distribute or re-post anything on/ from the Bistro Platform for any purpose. The names and logos and all related product and service names, design marks and slogans are the trademarks/service marks of Blinkit, its group companies/ affiliates, its partners or its suppliers/service providers. All other marks are the property of their respective owners. No trademark or service mark license is granted in connection with the materials contained on the Bistro Platform. Access to or use of the Bistro Platform does not authorize anyone to use any name, logo or mark in any manner. References on the Bistro Platform to any names, marks, products or services of third parties or hypertext links to third party sites or information are provided solely as a convenience to you after having express consent from third parties and do not in any way constitute or imply Blinkit’ endorsement, sponsorship or recommendation of the third party, the information, its product or services.

• The Bistro Platform may display third party content (including embedded content) or links to third-party web pages, content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third-Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Blinkit of any site or any information contained therein, and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that we are not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review such Third-Party Content.

• Blinkit is not responsible for the content of any third-party sites and does not make any representations regarding the content or accuracy of material on such sites. If you decide to access a link of any third-party website and/ or avail any service pursuant to the same, you do so entirely at your own risk and expense.

• Blinkit respects the intellectual property(ies) of other entities. If you believe that your intellectual property rights have been violated/used in any manner which results in infringement, then please inform us at [email protected] We will evaluate the contents of your notice and will respond within a reasonable period of time. We may take such action as we deem appropriate in keeping with applicable law and our policies, we may also reach out to you for additional details. It may be noted that reporting inaccurate, false or misleading information to Blinkit may result in civil and/or criminal liability. You agree to indemnify Blinkit for all claims brought by a third party(ies) against Blinkit arising out of or in connection with the submission of your email.

Privacy Policy

Information Disclosure

• To protect against the loss, misuse and alteration of the information under its control, Blinkit has in place appropriate physical, electronic and managerial procedures. Although Blinkit endeavours to safeguard the confidentiality of your personally identifiable information, transmissions made by means of the internet cannot be made fully secure. By using the Bistro Platform, you agree that Blinkit will have no liability for disclosure of your information due to errors in transmission and/or unauthorized acts of third parties.  
• Call Recording: All calls between you and us (including between you and the delivery partners) (directly or indirectly through a third party) may be recorded by us or the third party engaged by us. All such calls are recorded including for internal training and quality purposes by us and/or any third party appointed by us. You explicitly agree and permit Blinkit and the third party engaged by Blinkit, to record all the calls with you and to share it with our authorized personnel / delivery partners and relevant third parties for the purposes set out above.  
• You also explicitly agree and permit Blinkit to share any data (including call recordings) related to you with its group companies/ affiliates, relevant third parties and/or the governmental/ regulatory authorities, if required under any law.

Misrepresentation

• Blinkit shall assume no responsibility for any communication not authorised by Blinkit with respect to any offers, promotions, etc. This includes, but is not limited to, any fraud or misrepresentation caused by any third- party administrators resulting in loss or injury to the user. Users are cautioned that Blinkit does not run any call centre, and does not make available for communication any landline/mobile number/email ID/social media channel/any other electronic means to its users, except as specifically set out in these Terms and to that end, you are cautioned against unauthorised persons/ fraudsters and imposters claiming to be calling/ answering on Blinkit’ behalf. In case any user wishes to communicate, the user may communicate at the following/email apart from the faster In app Chat option: Email: [email protected]; [email protected] Attention: Mr. Dhananjay Shashidharan.  
• Please note: Blinkit does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means, neither will Blinkit ask you to share any sensitive data or information via email or telephone. If you receive any such request by email or telephone, please do not respond/divulge any sensitive data or information. Please do not reveal these details to fraudsters and imposters claiming to be calling on Blinkit’s behalf.  
• Please report suspicious activities to [email protected].

You Understand, Agree & Confirm

• That you shall be solely responsible for providing the correct delivery details, including recipient name, address, contact details, etc. and making the payments against all orders placed through your account, whether for delivery to your own address or someone else’s address. Blinkit shall not have any liability/ obligation in this respect (including accepting any refund/ order cancellation requests).

• That if any order delivery is delayed or is returned from its destination (including as a result of you providing incorrect name or address or other incorrect/misleading information or recipient’s unavailability or refusal to accept the order at the time of delivery), Blinkit shall not be liable for the same/ responsible to make re- delivery. Any costs incurred by Blinkit in this respect shall be borne by you.

• That while Blinkit makes best endeavors to ensure that Products/Bistro Services are delivered to you within the period reflected at the time of placing the order, Blinkit does not make any representation, guarantee or warranty in relation to the delivery time as the estimated delivery time may be changed without notice and there could be delays for reasons beyond the reasonable control of Blinkit such as availability of third party delivery service providers, demand, traffic and weather conditions, a force majeure event, the location provided by the customer(s), the customer(s) being unresponsive on call, delivery partner(s) facing any on- ground challenges (including any issues with their delivery vehicles, society providing entry to them without any hassles or delays) etc.

• The order will ordinarily be delivered when a person is able to receive the order at the address provided by you. You shall be solely responsible for the products in case you direct the delivery partner to leave the same at your doorstep and/or handover the same to any other person. In such cases, you shall not claim any amount/refund from Blinkit in case of any loss/damage to/deficiency in any products/Service. You expressly disclaim Blinkit from all the liabilities which may arise by virtue of the order being left unattended for a period of time. This includes but is not limited to theft, tampering, contamination, and the result of any change in temperature of the products.

• That in case of cash on delivery orders placed through your account (whether for delivery to your own address or some other/ someone else’s address), it shall be your sole responsibility and obligation to make the cash amount payment/ ensure that such payment is made and further ensure that the same is accurate (i.e. neither less nor additional cash amount is paid to the delivery partners). We shall not be liable for any discrepancy in this respect.

• To use the Bistro Services provided by Blinkit for lawful purposes only, and comply with all applicable laws and regulations while using/accessing and transacting on the Bistro Platform.

• That you will provide authentic and true information in all instances where any information is requested of you. Blinkit reserves the right to confirm and validate the information and other details provided by you at any point of time.

• That if at any time, the information provided by you is found to be false or inaccurate (wholly or partly), Blinkit shall have the right in its sole discretion to reject registration, cancel all orders, and debar you from using its Bistro Services and other affiliated services in the future without any prior intimation whatsoever, and without any liability to you.

• That you are accessing the Bistro Services made available by Blinkit and transacting at your sole risk and are using your best and prudent judgement before entering into any transaction through the Bistro Platform.

• Blinkit reserves the right to charge a subscription and/or membership fee in respect of use of the Bistro Platform or service and/or any other charge or fee from customers, in respect of the order/ product / service on the Bistro Platform including without limitation, platform fees, delivery charges, handling charges, convenience charges, small cart charges, high demand surge charges, rain surge charge, gift charges, late night fee or such other fees/charges as may be levied from time to time (“Service Charges”) in addition to the product/ service purchase price. You shall be informed of such Service Charges prior to placing your order on the Bistro Platform at the stage of check-out. By placing the order, you agree to pay for the product/ service price and such Service Charges. Service Charges may vary from order to order, which may be determined on multiple factors such as order/ cart value, distance, time of the day, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time. Further, Blinkit may from time to time offer to the customers credits, discounts, promo codes, vouchers or any other form of cashback that it may decide at its discretion. Blinkit reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.

• That before placing an order, you acknowledged to have checked and reviewed the product description carefully and in sufficient detail. By placing an order on the Bistro Platform, you agree to be bound by the conditions of sale included in the item’s description without exception.

• That by using the Bistro Platform or any Bistro Services, you may encounter content that may be deemed by some to be offensive, indecent, or objectionable, which content may or may not be identified as such. You agree to use the Bistro Platform and any Service at your sole risk and that to the fullest extent permitted under applicable law, the Blinkit Parties shall have no liability to you for any content that may be deemed offensive, indecent, or objectionable to you.

• Blinkit is constantly evolving in order to provide the best possible experience and information to its customers. You acknowledge and agree that the form and nature of the Bistro Services which Blinkit provides, may require affecting certain changes in it, therefore, Blinkit reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the Bistro Platform without any prior notice.

• We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to- time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Bistro Services, or portions thereof (including upgrades or updates designed to correct issues with the Bistro Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Bistro Services.

• You acknowledge and agree that while Blinkit may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Bistro Services, however we may set such fixed upper limits at any time, and the same will be communicated to you on the Bistro Platform.

• In our effort to continuously improve the Bistro Platform and Bistro Services, we undertake research and conduct experiments from time to time on various aspects of the Bistro Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some customers may experience features differently than others at any given time. This is for making the Bistro Platform better, more convenient and easy to use, improving customer experience, enhancing the safety and security of our services and offerings and developing new services and features.

• Blinkit may from time to time introduce referral and/or incentive based programs for its customers. These referral and/or incentive based programs may be governed by their respective terms and conditions. By participating in such programs, the customers are bound by the respective program terms and conditions communicated on the Bistro Platform as well as these Terms. Further, Blinkit reserves the right to terminate / suspend a customer's account and/or participation of the customer in such programs if Blinkit determines in its sole discretion that the customer has violated the rules of the such program(s) and/or has been involved in activities that are in contravention of the program terms and/or these Terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, Blinkit reserves the right to modify, cancel and discontinue its programs without notice to the customers.

• At times, Blinkit may collaborate with third parties to better your customer experience on the Bistro Platform, where you may have the option to opt-in for availing certain services from such third parties via the Bistro Platform or such services may be part of the products package. For instance, services provided to you by third parties pursuant to advertising/ marketing campaigns. In such cases you acknowledge and agree that the services will solely be provided by such third parties, as per their terms and conditions and Blinkit will have no role and/or control over the fulfilment and completion of the services provided including but not limited to order tracking, customer care support, grievance, etc. Further, by opting in for such ad-on services/ placing the order for the product that includes such services in the package, you explicitly give your consent to share your personal information as available with Blinkit along with order details with the third party service provider to provide the services.

Taxes on your Order

In respect of the order placed by you, Blinkit shall issue documents like order summary, tax invoices, etc. as
mandated per the applicable law and common business practices. Your order may have following components
and corresponding documents:

• Supply of food & beverages by third party sellers/ Restaurant Partners on Bistro Platform - Tax Invoice issued on behalf of the third party seller/ Restaurant Partners;
• Supply of services by Blinkit or third party service provider - Tax Invoice issued by Blinkit or third party service provider;

The above documents can be seen on the order summary page once the goods have been delivered to you.

You acknowledge and agree that entitlement to any GST benefits (if any) with respect to products/services
purchased through Bistro Platform shall be subject to the GST terms and conditions (in addition to these Terms)
and submission of valid GST number by you, as displayed and required at the time of order placement on the
Bistro Platform. Such GST terms and conditions shall be deemed to have been incorporated into these Terms by
reference, and is subject to change from time to time.

Order Cancellation & Refunds

• You acknowledge that (a) your cancellation, or attempted or purported cancellation of an order or (b) cancellation due to reasons not attributable to Blinkit, shall amount to your breach of the Terms and any such request shall be permitted subject to acceptance of the same by Blinkit. For any permitted cancellations, we will initiate a refund, if any, against the relevant product or order, which may be in the form of promotional codes/coupons which shall be available for use against a subsequent invoice for transactions on the Bistro Platform, in accordance with the specified terms, if any, such as validity period.

• Orders may be cancelled by Blinkit in any of the following cases: (a) if it is suspected that a customer has undertaken a fraudulent transaction, or (b) if it is suspected that a customer has undertaken a transaction which does not conform to or violates these Terms, or (c) in case of unavailability of product(s), or (d) for any reason outside the control of Blinkit, including technical errors, causes for delivery-related logistical difficulties. For such cancellations, Blinkit will initiate a refund, if any, against the relevant product/ order, within approximately 72 hours.

• Further, Blinkit aims to ensure that availability status, specifications and prices of all products offered for sale are true and correct. While precautions are taken to ensure accuracy thereof, at times, the specifications / prices may not be current or may be inaccurate on account of technical issues or typographical errors or incorrect product/service information provided to Blinkit by third-parties and in such an event, you shall be notified as soon as such error comes to the notice of Blinkit. In each such case, notwithstanding anything to the contrary, Blinkit reserves the right to cancel the order and initiate a refund, if any, against the relevant order/product in the form of credit/ cashback/ coupon/ promotional codes for the value of the relevant product/ order which shall be available for use against a subsequent invoice for transactions on the Bistro Platform, in accordance with the specified terms, if any, such as validity period.

• We reserve the right to deny access to non-complying users / users that appear to be involved in fraudulent transactions at any time or cancel any orders placed by them in future.

• Products once delivered are non-returnable/ non-replaceable/ non-exchangeable. Any post delivery complaint, with respect to the order which shall include instances including but not be limited to food spillage, foreign objects in food, delivery of the wrong/ incorrect order or food and beverages or products, poor quality, You will be required to share proof of the issue before any resolution can be provided.

• You shall not be entitled to a refund in case instructions placed by you along with the order are not followed in the form and manner you had intended. Instructions are followed on a best-efforts basis.

• All permitted refunds will be processed within 7 working days from the date of approval of such request subject to satisfactory checks.

• Unless otherwise stated and/or as mutually agreed between Blinkit and the Customer, for payments made through electronic means such as debit card, credit card, net banking, UPI, etc., refunds shall be processed in the same manner as they are received or provided in the form of credit/ cashback/ coupon/ promotional code which shall be available for use against a subsequent invoice for transactions on the Bistro Platform, in accordance with the specified terms, if any, such as validity period. Refund amount in the form of credits will reflect in Your account based on respective banks policies. Provided that, refunds, if any, for products purchased on cash on delivery basis shall be refunded by way of promotional codes only which shall expire after 30 days from the date of issuance. Users can opt-in for a promotional code refund for online payments as well. Refunds cannot be transferred back to any other payment method once the credit/ cashback/ coupon/ promotional code is initiated. All other promotional codes issued shall expire within 7 days from the date of its issuance.

• All refunds shall be made in Indian Rupees only.

Gifting Bistro Services

The following terms shall be in addition to and not in substitution of or derogation to the other terms governing the use/access of Bistro Platform.

• You may place an order for products to be delivered to someone else as a gift.

• You agree and acknowledge that you shall use the gifting services available on the Bistro Platform to gift and/or get the product(s) delivered to only such persons who are known to you and will not order/gift any product(s) and/or get the same delivered to any person which may put the recipient in uneasy, inconvenient or embarrassing situations. To place a gift order, you will be required to provide the gift recipient’s contact details, such as name, phone number, address or any other information that may be reasonably required to enable us deliver the gift order (“Contact Information”). These provisions shall apply mutatis mutandis to orders placed through your account to be delivered to someone else, otherwise than as a gift, whether placed on a cash on delivery basis or otherwise.

• By availing the gifting service, you warrant and represent that you have obtained the gift recipient’s consent to provide us with the Contact Information. You hereby further warrant and represent to indemnify and hold the Blinkit Parties, harmless against any claims or disputes initiated by the gift recipient whose Contact Information was provided by you for the purpose of placing the gift order. You shall not use the gifting services to harass, intimidate or otherwise harm the recipient in any manner. By placing a gift order, you hereby irrevocably undertake to be responsible for any refusal made by the gift recipient or for any prejudice suffered by the latter or Blinkit. In case the gift recipient is, non-contactable, the delivery partner or we may contact you for further assistance. These provisions shall apply mutatis mutandis to orders placed through your account to be delivered to someone else, otherwise than as a gift, whether placed on a cash on delivery basis or otherwise.

• You may be charged gifting fees or charges which will be reflected at the time of availing the gifting services. The applicable fees/charges will be notified to you prior to placing an order for the gifting services. By placing the order, you agree to pay the fee and charges as reflected prior to placing the order. You may have to make payment in advance for availing gifting services and cash on delivery may not be permitted.

• You may send a message with the gift order which we will endeavour to deliver, however sometimes, the message can’t be sent. Please refer to the terms on Prohibited Conduct in relation to the quality of such messages.

Promotional Terms

These additional terms apply to promotional campaigns live on the Bistro Platform from time to time (“Offer”).
Users who place orders on Blinkit and satisfy eligibility criteria set forth by Blinkit or its collaboration partners
for the specific promotional campaign shall be termed as “Eligible Customer(s)”.

• Offers shall run for the duration decided by Blinkit, at its sole discretion and may be prematurely revoked without prior notice.

• If the Offer is based on a minimum order value/specific to a product category, the Offer will stand cancelled if the products are returned by the Eligible Customer or for which refund is given by Blinkit or if the order for such products are cancelled by the Eligible Customer. On or after being provided the benefit/prize of the relevant Offer and availing/redeeming the same, the Eligible Customer acknowledges and agrees that the order placed on the Blinkit Bistro Platform cannot be returned and/or refunded.

• Blinkit Parties shall not, in any way, be liable for the services provided by third parties upon availing/redeeming the offer/voucher/prize.

• Eligible Customers hereby provide their consent to Blinkit to share the Eligible Customer’s contact details (“Information”) with Blinkit’s authorised third parties for making the Offer available to such Eligible Customer. Such Information will be governed by the third party’s privacy policy/ies and you are encouraged to acquaint yourself with and agree to their policies before participating in the Offer.

• Eligible Customers may only avail the Offer if account settings on the Blinkit Bistro Platform have been set to India and the billing address is in India.

• Blinkit reserves the absolute right to or alter any of these terms at any time without prior notice.

• Offer can neither be sold, transferred, encashed or exchanged for any other products nor clubbed with any other Offer.

• Blinkit accepts no liability, whether jointly or severally, for any errors or omissions of any third party in relation to the Offer.

• The voucher/prize/benefit details will be sent to the Eligible Customer via e-mail/message/WhatsApp/in-app.

• Blinkit, in its sole discretion reserves the right to exclude any Eligible Customer from the Offer and/or to cancel all or part of the Offer, without any liability on its part, if it believes that the Eligible Customer has (a) breached any of these terms, additional promotional activity terms and conditions, Blinkit Bistro Platform terms and conditions and/or Privacy Policy; (b) acted or has the intention of acting in a dishonest or fraudulent manner, or in bad faith; (c) tampered with the entry process or the operation of the Offer; (d) acted in a
  disruptive manner.

• By participating in the Offer, Eligible Customers will be deemed to have accepted these terms along with specific promotional activity terms and conditions made available to the Eligible Customer and expressly agree that: (a) Blinkit Parties will not be liable or responsible for any loss or damage whatsoever that the Eligible Customer may suffer, directly or indirectly, in connection with this Offer, including for any theft, loss or misuse of the Offer or the Information; and (b) Blinkit will not mediate any disputes or differences between the Eligible Customer and the third parties in relation to this Offer.

Payment’s Facility and Related Information

• All the payments towards the orders shall be compulsory in Indian Rupees only.
• The information with respect to the accepted payment methods on the Bistro Platform shall be displayed at the time of making payment for an order which may include but not limited to credit card or debit card; net banking; UPI; cash on delivery or any other RBI approved payment mode as may be reflected on the Bistro Platform from time to time. Cash on delivery may not be permitted for certain orders.
• To facilitate the payments, you acknowledge and agree that Blinkit may use certain third-party vendors and service providers, including payment gateways, to process payments and manage payment card information. If you are directed to any third party payment processor, you will be subject to terms and conditions governing use of that third party’s service and we shall have no liability towards the same.
• With respect to the payment details provided by you to avail the payment facility, you represent, warrant and covenant that you are legally entitled and/or authorized to provide such payment details and make payments using such payment details. You shall be solely liable for the payments done through payment details and you confirm that use of such payment details by you does not violate any applicable law.
• The payment facility provided by Blinkit is neither a banking nor a financial service but is merely a facilitator providing an electronic, automated online electronic payment system, and receiving payment on orders placed on the Bistro Platform using the existing authorized banking infrastructure and card payment gateway networks, as may be applicable.
• You agree and confirm that in respect to certain payment methods, the respective issuer may charge you an additional fee i.e. transaction fees or other fees, for the purpose of processing your payment transaction.

Order History

If you delete an order from your order history through your account on the Bistro Platform, Your order details will no longer be visible to/ accessible by you through your account. To clarify, for orders placed for someone else, your action shall not impact visibility of the order details as accessible through that person’s account, where the order details were available.

You understand that your action shall be irreversible and no support will be offered on such deleted order(s) (whether to you or for orders placed for someone else, that other person) including complaints, retrieval/ information/ invoice request, cancellation. Order once deleted will however remain present in Blinkit's records in accordance with the Privacy Policy and be subject to our records retention policies and applicable law, including any statutory retention requirements. Please note that there may be cases beyond the control of Blinkit where the deleted order/ order details may be traced/ be visible, for reasons such as:

• any interruptions, service or technology failure or problems in use of the internet and electronic communications or other systems outside the control of Blinkit.
• order details still being available on your/ for orders placed for someone else, that person’s email, messages or other modes of communication where the order details were available.
• any stakeholder (including third party or delivery partner) reaching out to you through the information you choose to share with them directly.
• payment pertaining to such an order being available in bank statements.

International Users

“International Users” shall mean such users who have registered on the Bistro Platform using a permitted mobile number registered outside of India and wish to avail the Bistro Services.

The following terms shall be in addition to and not in substitution of or derogation to the other terms and conditions governing the use/access of Bistro Platform. Provided that, in case of any inconsistency between these terms and any of the other terms, these terms shall prevail with respect to International. Users, to the extent of such inconsistency.

• To place an order, you will be required to provide the recipient’s contact details, such as name, phone number registered in India, address or any other information that may be reasonably required to enable us to deliver the order. Deliveries are available to only select geographies in India.
• Certain features of the Bistro Platform may not be available to International Users.
• Bistro Services may be available to International Users only for certain products/ services listed on the Bistro Platform. To clarify, not all products/ services may be available for sale and purchase to/ by International Users.
• Usage of the Bistro Services shall be subject to these Terms and the Privacy Policy of Blinkit.
• The following payment methods shall be made available to you on the Bistro Platform and be displayed at the time of making payment for an order - international cards and such other methods as may be updated by Blinkit on the Bistro Platform, from time to time. Cash on delivery may not be permitted. For certain payment methods and also for refund processing, additional charges may apply, including foreign currency conversion charges, which shall be borne by you.

Grievance Redressal Mechanism

For any order related issue, you may first reach out to us via chat support on the Bistro Platform for real time basis resolution. In accordance with applicable law, the name and contact details of the Grievance Officer and Nodal Officer who can be contacted for any complaints or concerns pertaining to the Bistro Platform, including those pertaining to breach of the Terms or any other policies are published as under:

• Details of the Grievance Officer

  Dhananjay Shashidharan

  Blink Commerce Private Limited

  Ground Floor, Tower-A, Pioneer Square Building, Sector 62, Golf Course Extension Road, Gurugram-122098, Haryana, India. Email address: [email protected]

  Time: Monday - Friday (09:00 hours to 18:00 hours)

   
• Details of the Nodal Officer

  Vikramjit Singh 

  Blink Commerce Private Limited 

  Ground Floor, Tower-A, Pioneer Square Building, Sector 62, Golf Course Extension Road, Gurugram-122098, Haryana, India. Email address: [email protected]
   

Indemnity

Notwithstanding anything to the contrary, You agree to indemnify, defend, and hold harmless the Blinkit Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by them arising as a result of, or in connection with: (a) Your Comment and/ or content, (b) your unauthorized use of the Bistro Platform/ Bistro Services, or products or services included or advertised in the Bistro Services; (c) your access to and use of the Bistro Services; (d) your violation of any rights of another party; or (e) your breach of these Terms (including Privacy Policy and any infringement by you of the intellectual property rights of any third party) and/ or applicable law. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. This clause shall survive the expiry or termination of these Terms.

Limitation of Liability

Notwithstanding anything to the contrary:

• Blinkit Parties shall not be liable for any claims, damages or losses to the customer or any other person other than as established by a non-appealable order of a court of competent jurisdiction.
• Subject to the above, the maximum aggregate liability of the Blinkit Parties, if any, as so established and ordered, shall in no event extend beyond refund of the money charged from the relevant user for purchases made pursuant to the relevant order with respect to which such liability has arisen and been established.
• Blinkit shall not be liable, under any circumstances, whether in contract or in tort, for any indirect, special, consequential, exemplary, punitive or incidental losses or damages, including on grounds of loss of profit, loss of reputation or loss of business opportunities.
• You must commence any legal action against Us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. within this period, any failure by Us to enforce or exercise any provision of these Terms or any related right shall not constitute a waiver of that right or provision.

Termination

• Blinkit, in its sole discretion and without liability, reserves the right to terminate or refuse your registration, terminate your use of the Bistro Platform/ Bistro Services and/ or refuse to permit/ restrict your usage/access to the Bistro Platform/ Bistro Services, without notice, with or without cause including if Blinkit has reason to believe (including through evaluating usage patterns), whether by notice or otherwise that: (a) you do not conform to the eligibility criteria, or the eligibility criteria is not met/is violated by a user, or (b) you may commit/ be in breach of these Terms (including Privacy Policy). We may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Bistro Services. If you use the Bistro Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Bistro Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Bistro Services.
• You may delete your account at any time by using the option as available on the Bistro Platform/ App and ceasing further use of the Bistro Platform/ Bistro Services. Your personal data will be processed in accordance with Blinkit’s Privacy Policy as updated from time to time.
• Blinkit’s rights to any Comments, indemnification rights and provisions relating to Governing Law and Jurisdiction, shall survive any termination of these Terms. Any such termination of these Terms shall not affect/ waive your obligation to pay for product(s) /services already ordered/availed from the Bistro Platform or affect any liability that may have arisen or may arise relating to events preceding the date of termination.

Governing Law & Jurisdiction

• These Terms shall be governed by and construed in accordance with the laws of India, without giving effect to the principles of conflict of laws thereunder.
• Courts at New Delhi shall have exclusive jurisdiction over any proceedings arising in respect of these Terms (including Privacy Policy).

Miscellaneous

• Interpretation: The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
• Entire Agreement and Waiver: The Terms, together with the Privacy Policy, shall constitute the entire agreement between you and us concerning the Bistro Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
• Severability: If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
• Partnership or Agency: None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Us and you shall have no authority to bind Us in any form or manner, whatsoever.