1. Your employees and you
1.1
In these general terms & conditions, the merchant partner whose store/outlet (‘store’) is registered on the recipto platform is referred to as ‘you’, ‘the merchant’, ‘the partner merchant’ or ‘your’ and the references to ‘recipto’ or ‘us’ or ‘we’ or ‘our’ shall mean Samast Technologies Private Limited. recipto service is for the benefit of recipto customers visiting your store/outlet (hereinafter ‘store’). Thus, please ensure that your employees or any users linked to yourself do not use recipto at your outlet. Kindly also refrain from using the service yourself at your own outlet. This applies to any form of recipto service - for posting reviews, playing Augmented Reality games, redeeming vouchers etc. We'll block your recipto account and shall be entitled to reverse any loans in your account linked with your questionable transactions/activities / demand a refund from you, if there is any such misuse or any violation of the recipto T&Cs observed. recipto can also terminate your contract if the store employee/owner is noticed to have indulged in any form of fraud or other misuse of the recipto platform or recipto services.
You may claim benefits from recipto only for the qualifying transactions by recipto customers in the store which you have registered on the recipto platform. recipto programme and benefits are not available for good and/or services purchased from stores which are not registered on the recipto platform.
1.2
Our partner merchants are required to maintain decency while dealing with all the recipto employees. Any misbehaviour in terms of foul/abusive language, sexual, mental or physical harassment will result in the termination of all the services & contract will stand null and void.
1.3
Capitalised terms used but not defined herein shall have the meanings ascribed to them in the agreement signed with the Merchant
1.4
In case of a contradiction between the agreement and these terms, the agreement shall prevail over these terms (to the extent of contradiction).
2. Serving recipto customers with quality
2.1
Denial of Bills: Please make sure you issue valid invoices to the customers. recipto loyalty program works only if customers get their invoices. If a customer complaints or if recipto identifies that the store has not issued invoices to the customers, the contract with recipto will become null and void with immediate effect. It may also lead to strict action against the store.
2.2
Denial of Vouchers: Please make sure you serve recipto customers with quality. To do this ensure your staff is aware of recipto voucher process and that they treat the customer with respect. In case of any denial or complaint, recipto can terminate the contract or will be levied a penalty of Rs.1000 against each denial. This also leads to bad reputation and rating for the store and eventually to massive loss of business.
* Merchant should support recipto team in case we need to verify any unusual transactions by providing us with relevant details like bills, staff numbers, ownership proof, etc.
* We will deactivate any account or accounts associated with fraudulent activity, which may include: deliberately giving poor service to recipto customers; redeeming vouchers without the intention of giving service; provoking customers to not transact via recipto; or claiming fraudulent fees or charges from recipto customers.
2.3
Discriminating policies: Merchant must not follow any discriminatory pricing like charging extra, not providing sale discounts/offers, different menu card etc. for recipto customers. In such case, recipto reserves the right to remove the outlet from the platform and all the contracts shall stand null and void.
3. Payments and Promises
3.1
Any fees given to recipto is completely non-refundable. In case of any misuse of recipto T&Cs, the package will be null and void without prior warnings.
3.2
The achievement of Transaction Value is dependent on a number of factors such as change in transaction patterns/trends/distributions in terms of cashback transactions & voucher transactions.
3.3
The balances appearing on the merchant panel (“Wallet”) may be used (if not required to be paid) by the Merchant for payment of amounts payable to recipto. Any amount added without the purpose of buying any service will attract a payment gateway charge of 2%.
4. Public Comments
Business owners can address issues publicly by posting a public comment. Don’t use public comments to launch personal attacks, or offer an incentive to change a review.
5. Posting / uploading / managing content
5.1
Be as creative as you can, but please keep it clean. We're not big fans of imagery showing violence, drug use, nudity, near nudity, or suggestive acts. Also, please don't use your promotion/photo to disparage other businesses or users.
5.2
The merchant will ensure that descriptions, images, and other content pertaining to goods or services on recipto are accurate and corresponds directly with the appearance, nature, quality, purpose and other general features of such good or service.
6. Business with recipto
6.1
The merchant must accept payments using the vouchers of the store corresponding to which the goods & services are being sold. In case, merchant owns multiple stores, it should be listed for each store separately to be able to accept payment using recipto. recipto is liable to pay only for goods sold & vouchers accepted of the same store.
6.2
The payments made by any partnering merchant are only for the transactions specified by the Agreement and any claim of refund may be approved entirely based on recipto’s discretion. This is subject to the partnering merchant complying with recipto policies and other terms and conditions. Refund policy, if any, is only as per recipto discretion and available from time to time.
6.2.1 The following T&Cs that must always be followed:
6.2.1.1
The Merchant keeps on issuing bills to recipto customers during the course of the Effective Period.
6.2.1.2
The Merchant keeps on accepting vouchers from recipto customers and vouchers are not delisted on recipto during the Effective Period.
6.2.1.3
In case of any kind of misuse of T&Cs, recipto reserves the right to deduct the complete misuse amount without prior warnings.
6.2.1.4
In case of non-payment of due amount, recipto reserves the right to disable the merchant for any subscription in future and to take applicable legal actions in order to recover the due amount.
7. Authorisation to recipto
The merchant authorizes recipto as follows:
7.1
to display the name of the merchant and the store, any logo, mark and/or trade name used by the merchant (“Company Marks”) on recipto platform and to use the Company Mark for marketing and promotional purposes whether on recipto platform or otherwise, at our sole discretion. You shall have no claims against us for use of Company Marks as authorized by this Clause.
7.2
to run and publicise promotional deals or offers on products/services available at your store on recipto platform for the benefit of our users, at our discretion, and you shall to honour such offers and deals as we publicise.
7.3
where we feel that it is desirable to do so to increase the ease for a recipto user (including a Relevant Customer) to make a purchase from your store or otherwise, to enable such user to pay the price for such purchase to the directly to us (“Direct Payment Facility”) which we are authorized to accept on your behalf and you hereby constitute recipto as your agent to collect such payment from such user.
7.4
You shall to honour the purchases made in this manner by recipto users and that it shall be bound by the acts and deeds done by recipto as mentioned above.
7.5
Where we collect any payment on your behalf under the Direct Payment Facility, such payments shall be reflect realtime as a loan to you from us, net of our commission, and shall be available to you as describe in the agreement you have signed with recipto.
7.6
Any and all communication by you or us regarding the Direct Payment Facility, whether to recipto users, your customers or clients, our respective vendors, employees or agents, governmental authorities or any other person or entity whatsoever shall clearly indicate that the we are acting purely as your agent in relation to the Direct Payment Facility.
8. Commercial Terms governing ReciptoOrder:
8.1
recipto will issue an invoice within a period of seven days from the end of each calendar month for the amount of marketing fee for the services rendered during the relevant month. You shall be liable to make payment against the said invoice within seven days from the date of invoice.
8.2
recipto shall allow its users to place reciptoOrders for purchase of goods and/or services. Such orders may be home delivered or picked up by users from your outlet.
8.3
The details of reciptoOrders would appear on the recipto panel and you undertakes to promptly accept and service the orders. You undertake to provide prompt feedback to the users on availability and price with the help of the tools provided on the recipto panel.
8.4
You agree that you shall solely be responsible for the quality of goods and services provided to the customers through the recipto platform and agree to resolve any customer complaints within the timelines indicated by recipto to the customers.
8.5
Once the user has made payment for an order via the recipto platform, you undertake to promptly ensure delivery of the goods and/or services to the users:
8.5.1 In case of “Pickup” orders, you agree to keep the items prepared, packed and ready for pickup by user as per timelines communicated to the users or recipto through the panel.
8.5.2 In case of “Home Delivery” orders, you will have an option of either “Self Delivery” or “Third Party Delivery” which can be chosen by you on the recipto panel.
8.5.3 If you choose “Self Delivery” for an order:
8.5.3.1
You will be solely responsible for ensuring prompt delivery of the goods in a good condition to the users’ address using your own staff or any other means;
8.5.3.2
recipto may allow the outlet to charge an additional consideration over and above the order value to the customer directly for Self Delivery. The value of such consideration would be clearly visible to you on the recipto panel at the time of fulfilling the order.
8.5.4 If you choose “Third Party Delivery” for an order:
8.5.4.1
recipto will use its technology services to assist in booking a third party delivery service for picking goods from your location and transporting the same to the customers’ address.
8.5.4.2
The third party may charge a consideration to you for providing its delivery service. The value of such consideration would be clearly visible to you on the recipto panel at the time of fulfilling the order. Accordingly, on orders received and fulfilled by the Company through recipto platform, recipto shall be entitled to the actual delivery charges in addition to the marketing fee. The delivery charges shall be subject to applicable taxes.
8.5.4.3
In case the order gets cancelled due to any 3PL issue, you’ll be compensated with 50% of the order value (upto Rs.300 max) after deduction of the standard commission
8.5.5 For all home delivery and pickup orders, recipto is providing a technology enabled order management platform to be used by you to fulfil customer orders;
8.5.6 The orders placed through recipto platform shall always remain a transaction between the customer and you and it is the your responsibility to ensure that the goods and services requested by the customer are delivered to him either through customer pickup or self-delivery or third party delivery. recipto’s responsibility is limited to providing a technology assisted service to connect the customer with you and you with the third party delivery service.
8.5.7 recipto and/or the user shall have the discretion to decide the value of an individual voucher.
8.5.8 In the event that any payments are owed by recipto to the Company, such amounts would appear on recipto portal, which the Company can verify on a real time basis. This amount shall be remitted to the Company electronically within two business days of the request, subject to the provisions herein contained.
8.5.9 In case of low order acceptance by the merchant, the outlets will be automatically switched off from the ordering platform and a penalty will be levied for such orders
8.5.10 In case of orders not accepted (due to rejection or inaction resulting in a timeout) by the merchant or accepted but not fulfilled by the merchant will result in penalty as per the revised policy below effective from 22 Sept, 2023:
1. Last 15 days Order Acceptance rate greater than or equal to 99.5%: No Penalty deduction.
2. Last 15 days Order Acceptance rate below 99.5% but equal to or greater than 98%: Penalty deduction of 40% of commission value.
3. Last 15 days Order Acceptance rate below 98%: Penalty deduction of 100% of commission value.
9. User Generated Content on recipto & Intellectual Property Rights
9.1 User Generated Content on recipto & Intellectual Property Rights
9.1.1
You understand and acknowledge that a substantial amount of content on recipto platform is created and posted on recipto platform by users of recipto (“UGC”) and recipto exercises no editorial control over the UGC.
9.1.2
In respect of the UGC recipto solely acts as a technological platform providing incidental, transient storage of the content uploaded by you for the purpose of electronic transmission to and access by members of the general public as understood under the Indian Copyright Act, 1957 and as an intermediary as understood under the Indian Information Technology Act, 2000.
9.1.3
recipto respects the intellectual property as well as privacy of others. If you believe that your copyright, other intellectual property rights or other personal rights have been infringed, please follow the instructions provided below.
9.1.4
Reporting Claims of Copyright or other Intellectual Property Rights Infringement.
9.2 We respect the intellectual property as well as privacy of others, and we expect our users to do the same in respect to their use of and activities on the recipto platform.
9.3 While a substantial amount of content on the recipto platform is UGC over which we do not exercise editorial control, we may, in appropriate circumstances and at our sole discretion subject to applicable law, block access to such content or delete such content, or disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be infringers.
9.4 While we do not make any editorial determination about the UGC being posted and displayed and made accessible on the recipto platform, if: (i) we receive any notice or communication that any content or any part of the content belongs to a party who has not consented to such content being uploaded and accessible on the recipto platform or that it is violative of the rights of any person who has not consented to such content being uploaded and accessible on the recipto platform; or (ii) it comes to our attention that any of the content violates any of the terms and conditions applicable to the recipto paltform, we shall be entitled to remove such content/block public access to such content either temporarily or permanently, subject to the provisions of the Indian Copyright Act, 1957, and the Information Technology Act, 2000, and as we deem fit or in compliance with the orders or directions of the court (if applicable) and we shall have the right, at our discretion, to remove the infringer’s account, and in either case none of our users, partners, clients or vendors (including you) shall have no right to make any claims against us for removing or blocking such content;
9.5 If you believe that your work (or the work of a third party on whose behalf you are entitled to act) has been copied in a way that constitutes copyright infringement, please file a copyright infringement notice with us. The notice should be in writing and include, in the order set out below, the following:
9.5.1
A statement that you have identified material on the Platform that infringes your copyright (or infringes the copyright of a third party on whose behalf you are entitled to act).
9.5.2
A description of the copyrighted work that you claim has been infringed, which should include the type of work (such as a book or a sound recording) and any relevant further details (such as the title and date of publication, as applicable).
9.5.3
The country or countries to which your copyright applies.
9.5.4
A description of the way in which the copyright material has been infringed.
9.5.5
A description of where the material that you claim is infringing is located on the recipto platform (including a URL and/or screen shot).
9.5.6
Your address, telephone number, and email address so that we may get in contact with you.
9.5.7
A statement by you that you have a good faith belief that the disputed use of the copyrighted work is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
9.5.8
A statement by you, made under penalty of perjury, that the notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
A complaint can be submitted by contacting us at contact@recipto.in. Please be sure to include responses to items i-viii) above. If you are unsure whether there has been an infringement of your copyright or about your rights in the material, we suggest that you seek legal advice before reporting the material to us or sending us a counter-notice. Our response to your notice is regulated by applicable law. There may be negative consequences if you falsely allege copyright infringement or report material to us in bad faith. In addition, we may, in appropriate circumstances and at our discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be repeat infringers.
10. Reporting claims of violation of other personal rights
If you believe that any content on the recipto platform is violative of your (or that of someone you know and are authorized to act for) privacy or other personal rights please follow the following instructions.
10.1 A statement that you have identified material on the recipto platform that infringes your privacy (or infringes the privacy of a third party on whose behalf you are entitled to act).
10.2 A description of the way in which privacy has been infringed.
10.3 A description of where the material that you claim is infringing is located on the Platform (including a URL and/or screen shot).
10.4 Your address, telephone number, and email address so that we may get in contact with you.
10.5 A statement by you, made under penalty of perjury, that the notice is accurate.
A complaint can be submitted by contacting us at contact@recipto.in. Please be sure to include responses to items i-v above. If you are unsure whether there has been an infringement of your personal rights or about your rights in the material, we suggest that you seek legal advice before reporting the material to us or sending us a counter-notice. Our response to your notice is regulated by applicable law. There may be negative consequences if you falsely allege copyright infringement or report material to us in bad faith. In addition, we may, in appropriate circumstances and at our discretion, disable, terminate, and/or take other appropriate steps relating to the accounts of users who may be repeat infringers.
11. Limitation of Liability
recipto will not be liable or accountable for any losses - financial, physical, mental, social, or any other kind - incurred by individuals or businesses due to any misinformation on any and all public forums, including, but not limited to, the recipto partner lounge, app feed, social media, etc. Information on these portals is not controlled or verified by recipto, and any action taken by an individual or business on account of such misinformation will be at their sole discretion, assuming full responsibility. We advise users to confirm the veracity of all claims before sharing any sensitive data with any third party.
12. Terms and Conditions for Using recipto Ad Services
Welcome to recipto Ad Services! These terms and conditions govern your access and use of our Adsale Services, which include the Merchant Dashboard/Partner app. They establish an agreement between you, as a Merchant (or on behalf of a represented entity), and recipto.
12.1 Adsale Campaign: These are promotional Ads, including images, content, logos, and text, uploaded by the Merchant on the Merchant Dashboard/Partner App. These ads are displayed on the recipto platform to promote your business.
12.2 Adsale Services: This refers to the tools provided by recipto, including the Merchant Dashboard/Partner App, which allows you to create Ad Campaigns on the recipto Platform. You can also manage and track of your Ad Campaigns.
12.3 Ad Placement: recipto has the exclusive right to position your Ads, with no commitment to a specific position or order.
12.4 Adsale Budget: It's the total budget you set for your Adsale during its duration.
12.5 Ad Duration: This is the period from the start date to the end date, as specified in the Ad Details.
12.6 End Date: The date when your Adsale Services will end, as provided on the Merchant Dashboard/Partner app.
12.7 Ad amount: This is the cost you will pay to recipto for using the Adsale Services.
12.8 No Business Commitment: These Adsale services do not constitute a commitment to engage in any business arrangement or transaction.
12.9 Merchant Dashboard/Partner app: It's the application and platform provided by recipto for you to use in tracking Adsale Services.
12.10 Auto Renew: recipto has the right to automatically renew your ad if you have opted for Auto Renewal during your purchases. To stop auto-renewal, contact contact@recipto.in. It will take 24 working hours to process the request, and deductions will be made up to the date when auto-renewal is stopped.