Cancellation and Refund Policy

1.Customer Cancellation

1.As a general rule Buyer shall not be entitled to cancel Order once placed. Buyer may choose to cancel Order only within one-minute of the Order being placed. However, subject to Buyer’s previous cancellation history, ColorCode reserves the right to deny any refund to Buyer pursuant to a cancellation initiated by Buyer even if the same is within one-minute followed by suspension of account, as may be necessary in the sole discretion of ColorCode.

2. If Buyer cancels his/her Order after one minute of placing it, ColorCode shall have a right to collect a penalty of 100% of the Order amount for breach of contract terms as a compensation for the damages suffered by ColorCode , with a right to either not to refund the Order value in case Buyer’s Order is prepaid or recover from the Buyer’s subsequent Order in case his/her Order is postpaid, to compensate the Merchants and PDPs.

2. Non-Customer Cancellation

1. ColorCode reserves the right to collect a penalty for the Orders constrained to be cancelled by ColorCode for reasons not attributable to ColorCode , including but not limited to:
1. in the event if the address provided by Buyer is either wrong or falls outside the delivery zone;
2. failure to contact Buyer by phone or email at the time of delivering the Order booking;
3. failure to deliver Buyer Order due to lack of information, direction or authorization from Buyer at the time of delivery; or
4. unavailability of all the items ordered by Buyer at the time of booking the Order; or
5. unavailability of all the items ordered by Buyer at the time of booking the Order. However, in the unlikely event of an item in an Order being unavailable, ColorCode will contact the Buyer on the phone number provided to us at the time of placing the Order and inform Buyer of such unavailability. In such an event Buyer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount upto 100% of the Order value.

2. In case of cancellations for the reasons attributable to ColorCode or the Merchant or PDP, ColorCode shall not collect any penalty from the Buyer.

3. Cancellation policy for Instamart/Meat stores/Supermarkets/Pet stores/Fruits and vegetables/Wellness essentials/Gourmet & Organic

1. The Orders placed by Buyers using the Platform are non-cancellable and non-refundable except if refund is requested under the following conditions –
6. If the Order could not be delivered within the estimated time while placing the order;
If the Order has not been picked by the PDP
7. If the Merchant doesn't accept or cancels the Order due to reasons not attributable to Buyer, including but not limited to store being closed, non-availability of items, store cannot service online orders at that moment, store is overcrowded, etc.
8. If ColorCode cancels the Order due to reasons not attributable to Buyer, including but not limited to non-availability of PDP, etc.
2. ColorCode reserves the right to look into the cancellation request of the Buyer and determine if such cancelation request falls under the conditions mentioned above. If ColorCode is satisfied that the request and same fulfills any of the aforesaid conditions, then ColorCode shall process the cancellation request and refund amounts to the Buyer.

4. Refunds

1. Buyer may be entitled to a refund for prepaid Orders. ColorCode retains the right to retain the penalty payable by the Buyer in Section I(2) from the amount refundable to him/her. The Buyer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason;
2. Buyer may be entitled to a refund upto 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or ColorCode , however such refunds will be assessed on a case to case basis by ColorCode
3. Our decision on refunds shall be final and binding.
4. All refund amounts shall be credited to Buyer’s account as may be stipulated as per the payment mechanism of Buyer’s choice, the estimated timelines are detailed as below, in case Buyer don't choose to credit it to Buyer’s wallet with his/her ColorCode Account;

5. In case of payment at the time of delivery, Buyer will not be required to pay for:

1. Orders where packaging is either tampered or damaged at the time of delivery;
2. Wrong Order being delivered; or
3. Items missing from Buyer’s Order at the time of delivery.
Provided the same is communicated to ColorCode Customer Care through the Platform before the Order is marked delivered.

6. Specific Terms with respect to Use of Platform for purchase

1. Cancellation:As a general rule the Buyer shall not be entitled to cancel his/her Order once placed. If the Buyer cancels his/her Order, ColorCode shall have a right to collect the Buyer 100% of the Order amount as the cancellation fee, with a right to either not to refund the Order value in case the Buyer’s Order is prepaid or recover from the Buyer’s subsequent Order(s) in case Buyer’s Order is postpaid, to compensate the Merchants and PDPs.

2. Non-Customer Cancellation: ColorCode reserves the right to collect the Buyer cancellation fee for the Orders constrained to be cancelled by ColorCode for reasons not attributable to ColorCode or Merchant, including but not limited to:
1. in the event if the address provided by the Buyer is either wrong or falls outside the ColorCode s delivery zone;
2. failure to contact the Buyer by phone or email at the time of delivering the Order;
3. failure to deliver the Buyer’s Order due to lack of information, direction or authorization from the Buyer at the time of delivery; or
4. the Buyer’s failure to provide a valid OTP to the PDP for receiving delivery

3. Refunds:The Buyer may be entitled to a refund for prepaid Orders, post deduction of cancellation fee, if any for reasons mentioned above or in a manner as deemed fit by ColorCode in its sole discretion, if refund has been requested due to the following reasons:
5. If the Order could not be delivered within 2 hours;
6. If the Merchant cancels the Order due to reasons not attributable to the Buyer, including but not limited to store being closed, non-availability of items, store not servicing online Orders, overcrowding at store, etc.;
7. If ColorCode cancels the Order due to reasons not attributable to the Buyer, including but not limited to non-availability of PDPs, etc.
The Buyer may be entitled to refund due to the aforesaid reasons upto 100% of the Order value depending upon the nature of issue. ColorCode reserves the right to consider the cancellation and refund request and determine if such cancellation and refund request satisfy any of the aforesaid conditions, in which case ColorCode shall process the cancellation request and refund to Buyer.

Important Note 1: The Buyer shall verify his/her Order and the products before providing OTP to the PDP and any issue with respect to the product or Buyer’s Order shall be notified immediately, and cancellation request shall be placed before providing OTP to the PDP. Once OTP is provided to the PDP, it shall be deemed that the Buyer has accepted delivery of his/her Order and once he/she has accepted delivery, the Buyer cannot cancel the Order and/or claim refund.
Important Note 2:In case of the complaint of any spurious product, the liability shall solely lie with the Merchant selling the product. ColorCode is merely facilitating the transactions between the Merchant and the Buyer and therefore, ColorCode shall assume no liability with respect to the products sold by the Merchant. ColorCode strictly discourages dealing of any spurious product on its Platform and shall reserve the right to report such incidents to the concerned authorities for appropriate legal actions.

7. Genie’s cancellation policy

1. Cancellation of a Pick-up and Drop order after the delivery partner has reached the location but has not picked up the items may invite a cancellation fee in the range of Rs. 30 to Rs. 50.
1. Cancellation of a Pick-up and Drop order after the delivery executive has picked up the delivery items will result in a cancellation fee being charged equivalent to the entire service fee.

Privacy Policies

Cookies or Similar Technologies

We use data collection devices such as "cookies" or similar technologies on certain pages of the Platform to help analyse our web page flow, measure promotional effectiveness, and promote trust and safety. "Cookies" are small files placed on your device hard-drive/storage that assist us in providing our services. Cookies do not contain any of your Personal Information. We offer certain features that are only available through the use of a "cookie" or similar technologies. We also use cookies to allow you to enter your password less frequently during a session. Cookies or similar technologies can also help us provide information that is targeted to your interests. Most cookies are "session cookies," meaning that they are automatically deleted from your device hard-drive/storage at the end of a session. You are always free to decline/delete our cookies or similar technologies if your browser/device permits, although in that case you may not be able to use certain features on the Platform and you may be required to re-enter your password more frequently during a session. Additionally, you may encounter "cookies" or other similar technologies on certain pages of the Platform that are placed by third parties. We do not control the use of cookies by third parties.

Storage and Retention

To the extent applicable, we store Personal Information within India and retain it in accordance with applicable laws and for a period no longer than it is required for the purpose for which it was collected. However, we may retain Personal Information related to you if we believe it may be necessary to prevent fraud or future abuse or if required by law such as in the event of the pendency of any legal/regulatory proceeding or receipt of any legal and/or regulatory direction to that effect or for other legitimate purposes.
Once the Personal Information has reached its retention period, it shall be deleted in compliance with applicable laws.

Third-Party Products, Services, or Websites

When you are availing products and services of service providers on ColorCode Platform, Personal Information may be collected by respective service providers and such Personal Information shall be governed by their privacy policy. You may refer to their privacy policy and terms of service to understand how your Personal Information will be handled by such service providers.
Our services may include links to other websites or applications when you visit our Platform. Such websites or applications are governed by their respective privacy policies, which are beyond our control. Once you leave our servers (you can tell where you are by checking the URL in the location bar on your browser or on the m-site you are redirected to), use of any Personal Information that you provide on these websites or applications is governed by the privacy policy of the operator of the application/website, you are visiting. That policy may differ from ours and you are requested to review those policies or seek access to the policies from the domain owner before proceeding to use those applications or websites. We do not accept any responsibility or liability for usage of your Personal Information by these third parties or their policies.

Children Information

We do not knowingly solicit or collect Personal Information from children under the age of 18 and use of our Platform is available only to persons who can form a legally binding contract under the Indian Contract Act, 1872. If you are under the age of 18 years then you must use the Platform or services under the supervision of your parent, legal guardian, or any responsible adult.

Changes to Policy

Since our business changes constantly, so will our policies. We reserve the right, at our sole discretion, to change, modify, add, or remove portions of this Privacy Policy at any time without any prior written notice to you. We may, however, reasonably endeavour to notify you of the changes, it is your responsibility to review the Privacy Policy periodically for updates/changes. Your continued use of our services/Platform, following the posting of changes will mean that you accept and agree to the revisions. We will never make changes to policies in order to make it less protective of Personal Information already shared by you.

Contact Us

In case you have any questions, concerns, or complaints regarding the processing of your Personal Information or this Privacy Policy you may write to ColorCode’s Privacy Officer using this link https://wa.me/919148054805 We are committed to answer your questions within the reasonable time limit. Any delay in the resolution time shall be proactively communicated to you.

Information Collection

We may collect your Personal Information when you use our services or Platform or otherwise interact with us during the course of our relationship. We collect Personal Information which is relevant and absolutely necessary for providing the services requested by you and to continually improve the ColorCode Platform.
Personal and Sensitive Personal Information collected includes but not limited to:
• name, age, gender, photo, address, phone number, e-mail id, your contacts and nominee details
• PAN card number, KYC related information such as videos or other online/ offline verification documents as mandated by relevant regulatory authorities, your business-related information.
• Aadhaar information including Aadhaar number or Virtual ID for the purposes of e-KYC authentication with the Unique Identification Authority of India (UIDAI). Note that submission of Aadhaar information is not mandatory for e-KYC authentication, you can also use other types of information, such as your PAN or GST number
• OTP sent to you by your bank or ColorCode
• balance, transaction history and value, bank account details, wallet balance, investment details and transactions, service or transaction related communication, part of your card details for smooth transaction using ColorCode or any of the services
• your device details such as device identifier, internet bandwidth, mobile device model, browser plug-ins, and cookies or similar technologies that may identify your browser/ColorCode Application and plug-ins, and time spent, IP address and location
Information may be collected at various stages of your usage of the ColorCode Platform such as:
• visiting ColorCode Platform
• registering on ColorCode Platform as an “user” or “merchant” or any other relationship that may be governed by terms and conditions listed on ColorCode Platform
• transacting or attempting to transact on ColorCode Platform
• accessing links, e-mails, chat conversations, feedbacks, notifications sent or owned by ColorCode Platform and if you opt to participate in our occasional surveys
• otherwise dealing with any of the ColorCode Affiliates/Entities/Subsidiaries/Associates
• while applying for career opportunities with ColorCode
We and our service providers or business partners may also collect your Personal Information from third parties or information made publicly available including but not limited to:
• financial history and other information for the purpose of verifying and authenticating an investment transaction request you place with us to prevent suspicious transactions, or to comply with court judgements and bankruptcies, from credit reference and fraud prevention agencies.
• vehicle-related information when you opt for vehicle insurance
• your resume, your past employment and educational qualification for background checks and verifications, through online or offline databases that are otherwise legitimately obtained in case you apply for employment opportunities with ColorCode
• your demographic and photo information including but not limited to Aadhaar number, address, gender, and date of birth as a response received from UIDAI upon successful Aadhaar e-KYC

Purpose and Use of Information

ColorCode may process your Personal Information for the following purposes:
• creation of your account and verification of your identity and access privileges
• provide you access to the products and services being offered by us, merchants, affiliates, subsidiaries, associates, or business partners
• to conduct the KYC compliance process as a mandatory prerequisite as per the requirements of various regulatory bodies, including UIDAI under the Aadhaar Act and its Regulations
• to validate, process and/or share your KYC information, nominee details with other intermediaries, Regulated Entities (REs) or AMCs or financial institutions or with any other service providers as may be required
• to process payments on your behalf and on your instructions; communicate with you for your queries, transactions, and/or any other regulatory requirement, etc.
• to authenticate a transaction request; validate a standing instruction for a Systematic Investment Plan or confirm a payment made via the services
• enhancing your user experience in various processes/submission of applications/availment of product/service offerings by analysing user behaviour on an aggregated basis
• to monitor and review products/services from time to time; customize the services to make your experience safer and easier, and conducting audits
• to allow third parties to contact you for products and services availed/requested by you on ColorCode Platform or third-party links
• to carry credit checks, screenings or due diligence checks as lawfully required by us; detect and protect us against error, fraud, money laundering and other criminal activity; enforce our terms and conditions
• to inform you about online and offline offers, products, services, and updates; customizing and improving your experience by marketing, presenting advertising, and offering tailored products and offers
• to resolve disputes; troubleshoot problems; technical support and fixing bugs; help promote a safe service
• to identify security breaches and attacks; investigating, preventing, and taking action on illegal or suspected fraud or money laundering activities and conducting forensic audits as part of internal or external audit or investigation by ColorCode or government agencies located within India or outside the Indian jurisdiction
• to meet legal obligations
While we may also process your Personal Information for other legitimate business cases, we ensure to take appropriate steps to minimize the processing to the extent possible, making it less intrusive to your privacy.

Personal Information Access/Rectification and Consent

You can access and review your Personal Information shared by you by placing a request with us. In addition, you may at any time revoke consent given to us to store your e-KYC information, collected as part of the Aadhaar-based e-KYC process. Upon such revocation, you may lose access to services that were availed on the basis of the consent provided. In some cases, we may continue to retain your information as per the ‘Storage and Retention’ section of this Policy. To raise any of the above requests, you may write to us using the contact information provided under the ‘Contact Us’ section of this Policy.

In case you wish to delete your account or Personal Information, please use the ‘Help’ section of the ColorCode Platform. However, retention of your Personal Information will be subject to applicable laws.

For the above requests, ColorCode may need to request specific information from you to confirm your identity and ensure authentication. This is a security measure to ensure that Personal Information is not disclosed to any person who does not have a right to receive it or is not incorrectly modified or deleted.

In cases where you need any further information specific to the product/ services that you are availing, we request you to read through the Terms and Conditions specific to the product/service which is easily accessible through the ColorCode Platform. For seeking any further information on the same, you can write to us at the details mentioned in the ‘Contact Us’ section of this Policy.

Information Sharing and Disclosures

Your Personal Information is shared as allowed under applicable laws, after following due diligence and in line with the purposes set out in this Policy.

We may share your Personal Information in the course of your transaction with different categories of recipients such as business partners, service providers, merchants, affiliates, associates, subsidiaries, legally recognized authorities, regulatory bodies, governmental authorities, financial institutions, internal teams such as marketing, security, investigation team, etc.
Personal Information will be shared, as applicable, on need-to-know basis, for the following purposes:
• for enabling the provision of the products/services availed by you and facilitating the services between you and the service provider, as requested
• for the Aadhaar authentication process by submitting Aadhaar information to Central Identities Data Repository (CIDR) and National Securities Depository Limited (NSDL)
• for complying with applicable laws as well as meeting the Know Your Customer (KYC) requirements as mandated by various regulatory bodies, whose regulated service/product you opt through our services/Platforms
• for completing a payment transaction initiated by you on a merchant site, where based on your instructions, the merchant requests to fetch your Personal Information from us
• for the purpose of processing your financial product subscription requests placed with us and ensuring that these requests reach the relevant financial institution whose service/product you have opted for
• if it is required by financial institutions to verify, mitigate, or prevent fraud or to manage risk or recover funds in accordance with applicable laws/regulations
• for services related to communication, marketing, data and information storage, transmission, security, analytics, fraud detection, risk assessment and research
• enforce our Terms or Privacy Policy; respond to claims that an advertisement, posting, or other content violates the rights of a third party; or protect the rights, property or personal safety of our users or the general public
• if required to do so by law or in good faith we believe that such disclosure is reasonably necessary to respond to subpoenas, court orders, or other legal process
• if requested by government authorities for government initiatives and benefits
• for grievance redressal and resolution of disputes
• with the internal investigation department within ColorCode or agencies appointed by ColorCode for investigation purposes located within or outside the Indian jurisdiction
• should we (or our assets) plan to merge with, or be acquired by any business entity, or re-organization, amalgamation, restructuring of our business then with such other business entity
While the information is shared with third parties as per purposes set out in this Policy, processing of your Personal Information is governed by their policies. ColorCode ensures stricter or no less stringent privacy protection obligations are cast on these third-parties, wherever applicable and to the extent possible. However, ColorCode may share Personal Information with third-parties such as legally recognized authorities, regulatory bodies, governmental authorities, and financial institutions as per purposes set out in this Policy or as per applicable laws. We do not accept any responsibility or liability for usage of your Personal Information by these third parties or their policies.

Dispute, Governing Law & Jurisdiction

This Agreement and the rights and obligations thereunder and the relations of the parties and all matters arising under or in connection with this Terms of Use, including the construction, validity, performance or termination thereunder, shall be governed by and construed in accordance with the laws of the Republic of India. Subject to and without prejudice to the amicable settlement, the courts in Mau, U.P shall have exclusive jurisdiction to try and adjudicate all matters arising in connection with your use of the ColorCode Services /PA or other matters covered herein.

Disputes or differences or concerns if any should be raised within 30 days of happening or non-happening of an event related to ColorCode Services, except in case of unauthorised transactions on Your ColorCode Wallet/eGV, which shall be reported by You as soon as You identify the issue and investigation for such disputes is subject to terms of use of ColorCode PPI (“ColorCode Wallet”/”eGV”)

Disclaimers

As part of this continual innovation and improvement, we sometimes may add or remove features and functionalities, increase, or decrease limits to our ColorCode Services, start offering new services or stop offering old ones on ColorCode Platforms. Such offering can also be due to discontinuation of any service or offering on ColorCode Platform by third party service providers or business partners.

We may record or monitor Our conventions with You for records and monitoring quality of our conversations.

Any content downloaded or otherwise obtained through the use of our Platform is done at your own discretion and risk, and We cannot confirm that such documents or contents are error or virus free and You understand and acknowledge that you are solely responsible for any damage to your devices, for any loss of data that may result from the download of such contents.
ColorCode and third-party partners make no warranty, express or implied regarding the quality of Services including but not limited to:
• the Services will meet your requirements;
• the Services will be uninterrupted, timely or error free; or
• any products, information or material obtained by You in connection with the services will meet Your requirements.
Except as expressly provided herein and to the full extent permitted by law, the ColorCode Services are provided "as is", "as available" and "with all faults". All such warranties, representations, conditions, undertakings and terms, whether express or implied, are hereby excluded. It is Your responsibility to evaluate the accuracy, completeness and usefulness of the ColorCode Services and other information provided by ColorCode or generally available. We do not authorize anyone to make any warranty on our behalf and You should not rely on any such statement.

If you have a dispute with other parties, you release ColorCode (and our affiliates and officers, directors, agents, and employees thereof) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

Notifications

‘ColorCode Platform” - Refers to any platform owned/subscribed/used by ColorCode or any other ColorCode Entities not limited to websites, mobile applications, devices, URLs/links, notifications, chatbot, or any other communication medium used by ColorCode Entities to provide its services to its Users.