These Terms of Use ("Terms of Use") are an electronic record in the form of an electronic contract formed under the Information Technology Act, 2000, and the rules made thereunder, along with the amended provisions related to electronic documents/records in various statutes as amended by the Information Technology Act, 2000. These Terms of Use do not require any physical, electronic, or digital signatures.
These Terms of Use are a legally binding document between the merchant and Diamond Mutton Chicken (both terms defined below). These Terms of Use shall govern the relationship between the merchants registered on the ‘Diamond Mutton Chicken for Business’ platform (“Merchant” or “You” or “Your” or “Yourself” or “User”) and mandate the terms on which the merchant avails Diamond Mutton Chicken services and accesses the platform (both terms defined below).
Please read the Terms of Use carefully before using the platform, Diamond Mutton Chicken services (both terms defined below), and the dashboard that gives you access to information related to the Diamond Mutton Chicken services (“B2B Dashboard”). By accessing the B2B Dashboard or accepting the electronic mail sent to you by Diamond Mutton Chicken containing these Terms of Use, you accept these Terms of Use and agree to be legally bound by the same. If you do not agree with these terms, please do not use the platform or avail of any Diamond Mutton Chicken services being offered through the platform.
Diamond Mutton Chicken reserves the right to change these Terms of Use from time to time. It will be presumed that the merchant has consented to any such changes if and when the merchant accesses the platform or avails of Diamond Mutton Chicken services. The merchant may decline such changes by discontinuing access to the platform or by not availing of Diamond Mutton Chicken services.
The B2B Dashboard, the website https://diamondmuttonshop.com/, and the mobile application ‘Diamond Mutton Chicken’ are technology platforms owned and operated by Diamond Mutton Chicken, which enables the merchant to connect with independent third-party logistics service providers (“Delivery Partner”) to pick up and drop off packages for the merchant from one location to another. All of such properties are collectively referred to as the “Platform.”
Diamond Mutton Chicken merely acts as a technology platform that allows the merchant to connect with the Delivery Partner. You hereby agree and acknowledge that the role of Diamond Mutton Chicken is limited to operating and managing the platform and providing Diamond Mutton Chicken services (defined below). You hereby further agree and acknowledge that Diamond Mutton Chicken does not in any manner provide logistics services, nor is the Delivery Partner an employee or an agent of Diamond Mutton Chicken. The Delivery Partner is an independent third-party logistics service provider.
Use of and access to the platform is offered to you upon the condition of acceptance of (i) these Terms of Use, (ii) any agreement signed by you with Diamond Mutton Chicken, (iii) the Privacy Policy available at https://diamondmuttonshop.com/privacy, and (iv) any amendments made by Diamond Mutton Chicken at its sole discretion and posted on the platform from time to time.
Part A - General Terms Relating to Diamond Mutton Chicken Services
1. General:
Diamond Mutton Chicken is a company incorporated under the laws of India, with its registered office at [insert address here].
2. Registration:
a. You shall be permitted to access the platform, avail Diamond Mutton Chicken services, and connect with the Delivery Partner on the platform after completing the onboarding process. This shall be an Application Program Interface (“API”) integration with Diamond Mutton Chicken, or if the merchant is not capable of API integration, in a manner as may be informed by Diamond Mutton Chicken to the merchant from time to time at Diamond Mutton Chicken’s sole discretion.
b. When you register with Diamond Mutton Chicken, you will be required to provide information about yourself and/or your organization. You agree and accept that, as of the date of your registration on the platform, the information provided by you is complete, accurate, and up-to-date. In the event of any changes, you shall promptly inform Diamond Mutton Chicken in writing at least one week before the change takes effect. You acknowledge and accept that Diamond Mutton Chicken has not independently verified the information you provided and is not responsible or liable for its accuracy, completeness, or timeliness. If the information is untrue, inaccurate, obsolete, or incomplete, or if Diamond Mutton Chicken has reasonable grounds to suspect so, Diamond Mutton Chicken reserves the right to suspend or terminate your account and refuse any future use of the platform.
3. Diamond Mutton Chicken Services:
a. Diamond Mutton Chicken provides you with the following services (“Diamond Mutton Chicken Services”):
(i) It provides you with a license to access the platform;
(ii) The platform allows you to connect with the Delivery Partner to pick up and drop off packages from one location to another through the Delivery Partner (“Pick Up and Drop Off Services”); and
(iii) Facilitates the collection of payments for the transactions between you and the Delivery Partner.
b. Diamond Mutton Chicken may, at its absolute sole discretion, add, modify, upgrade, extend, withdraw, or transfer any of the Diamond Mutton Chicken Services from time to time. Diamond Mutton Chicken does not provide any guarantee to you that the Diamond Mutton Chicken Services will be made available to you at all times.
c. You can initiate a transaction on the platform by which you may (through the Delivery Partner) send packages to a particular location identified by you. The Pick Up and Drop Off Services are provided to you directly by the Delivery Partner, and Diamond Mutton Chicken merely acts as a technology platform to facilitate the connection between you and the Delivery Partner. The Delivery Partner is neither an employee nor an agent or an affiliate of Diamond Mutton Chicken.
d. Upon initiation of a request for Pick Up and Drop Off Services on the platform, Delivery Partner(s) around the pickup location shall be intimated in an automated manner. Depending upon the availability of Delivery Partner(s), a Delivery Partner may choose to accept your request. The Delivery Partner shall pick up the item from a location designated by you on the platform and drop off the item(s) at a particular location designated by you.
e. You agree that you shall at all times use the platform and Diamond Mutton Chicken Services for lawful purposes. Additionally, you shall not use the Pick Up and Drop Off Services for items which are illegal, immoral, hazardous, unsafe, dangerous, or otherwise restricted or constitute items that are prohibited by any statute, law, regulation, or the provisions of these Terms of Use.
f. You agree that, before requesting a Pick-up and Drop-off Service, you are well aware of the contents of the package being sent or requested through the Delivery Partner and that such contents are legal and within the limits of transportation/logistics under applicable law. Such contents shall not be restricted, banned, dangerous, or prohibited for carriage.
g. You also agree that, upon becoming aware of the commission of an offense by you or your intention to commit an offense, the Delivery Partner may choose to take appropriate action, including informing law enforcement authorities.
h. Diamond Mutton Chicken does not check or verify packages that are being picked up and dropped off on your behalf. Therefore, Diamond Mutton Chicken shall have no liability with respect to the items or your use of Diamond Mutton Chicken Services.
i. If a transaction initiated by you on the platform cannot be completed, you shall be notified on the platform.
j. Diamond Mutton Chicken may use your location-based information that is captured through a global positioning system when you use your device to request a Diamond Mutton Chicken Service on its platform. You acknowledge and consent to the monitoring and tracking of your geo-location information.
4. Merchant Information
a. You are solely responsible for and in control of the information you provide to us.
b. If the platform is unable to establish a unique identity of the merchant, the account may be indefinitely suspended.
5. Payment and Taxes
a. Payments:
(i) While initiating a request for a Pick Up and Drop Off Service, you may be required to pay a delivery fee to the Delivery Partner for availing the Pick Up and Drop Off Service (“Delivery Fee”), as may be displayed to you on the Platform at the time of raising such request. Diamond Mutton will facilitate the collection and disbursement of the Delivery Fee for the Delivery Partner in compliance with applicable laws. Diamond Mutton shall issue a statement of transactions on behalf of the Delivery Partner from time to time.
(ii) All settlement to the Merchant shall be made in compliance with applicable law. In case the Merchant opts for a post-paid payment option, the Merchant shall ensure that the payment towards such outstanding amounts is made within the prescribed time frame and in a manner as communicated by Diamond Mutton from time to time.
(iii) If the Merchant enables a cash-on-delivery option for its customers and provides instructions/authorization to the Delivery Partners to collect the cash on behalf of the Merchant at the time of drop-off, the Merchant shall ensure that its customers are duly notified to hand over the appropriate amount to the Delivery Partner without demur or delay. Subject to settlement of the Delivery Fee and any other payment obligation adjustment for the Merchant, payment of the foregoing amount for cash on delivery shall be made to the Merchant.
b. Taxes:
(i) You are responsible for complying with the applicable tax regulations for the transactions completed using Diamond Mutton Services, including, but not limited to, compliance with goods and services tax, and withholding taxes, if any. You agree and acknowledge that any settlement amount to be paid by the Merchant for Pick Up and Drop Off Services shall not be subject to deduction of goods and services tax or withholding taxes. Such settlement is merely a pass-through amount for the Delivery Partner. Any obligation for deduction of goods & services tax or withholding taxes shall be between you and the Delivery Partner. Diamond Mutton shall make available the details of Pick Up and Drop Off Services to you to enable you to comply with your tax obligations.
(ii) You further agree and acknowledge that Diamond Mutton shall not be held responsible/liable for any compliance or non-compliance with applicable tax laws by you or the Delivery Partner.
6. Insurance
You agree and acknowledge that you are solely responsible for the items that you get delivered using Pick Up and Drop Off services through the Platform. Diamond Mutton shall in no manner be responsible for any loss, theft, or damage. However, Diamond Mutton may from time to time facilitate the Merchant availing insurance services from third-party vendors, and the Merchant may, at its sole discretion, avail such insurance directly from a third-party insurance provider. The details of such insurance are available at https://www.Diamond Mutton.com/terms#business_insurance_terms. Diamond Mutton disclaims any and all liability for any loss, theft, or damage caused to the Merchant by availing of the Pick Up and Drop Off Services irrespective of whether the Merchant chooses to avail of insurance or not.
7. Rating
a. You agree that: (i) after completion of a transaction on the Platform, the Platform will prompt the Merchant with an option to provide a rating and comments about the Delivery Partner (with respect to the services performed by the Delivery Partner).
b. Diamond Mutton and its affiliates reserve the right to use, share, and display such ratings and comments in any manner in connection with the business of Diamond Mutton and its affiliates without attribution to or approval of the Merchant, and you hereby consent to the same. Diamond Mutton and its affiliates reserve the right to edit or remove comments in the event that such comments include obscenities or other objectionable content, include an individual’s name or other personal information, or violate any privacy laws, other applicable laws, or Diamond Mutton’s or its affiliates’ content policies.
PART B: SPECIFIC TERMS FOR Diamond Mutton SERVICES
8. Cancellation
a. If you wish to cancel a transaction on the Platform, you shall select the cancel option on the Platform. It is to be noted that you may not be allowed to cancel a transaction initiated on the Platform for which the Delivery Partner has reached the pick-up location.
b. The transaction initiated by you on the Platform may be canceled, if:
(i) Information, instructions, and authorizations provided by you (including the details of pick-up and drop-off location) are not complete or sufficient for the Delivery Partner to execute the transaction initiated by you.
(ii) If a Delivery Partner is not available to perform the services as requested.
(iii) If the transaction cannot be completed for reasons not in control of Diamond Mutton, including any technological glitch.
PART C: GENERAL TERMS OF USE
9. Non-Exclusive
Diamond Mutton’s Services shall be provided to you on a non-exclusive basis.
10. Eligibility to Use
a. Diamond Mutton reserves the right to refuse access to the Platform at any time to new Merchants or to terminate or suspend access granted to existing Merchants at any time without providing any reasons for doing so.
b. Unless otherwise permitted by Diamond Mutton, you shall not have more than one active Account (as defined below) on the Platform. Additionally, you are prohibited from selling, trading, or otherwise transferring your Account to another party or impersonating any other person for the purpose of creating an account with the Platform.
11. User Account, Password, and Security
In order to use the Platform and avail the Diamond Shop Services, You will have to register on the Platform in a manner as contained in the Clause 2 herein (“Account”). You will be responsible for maintaining the confidentiality of the Account information, and are fully responsible for all activities that occur under Your Account. You agree to immediately notify Diamond Shop of any unauthorized use of Your Account information or any other breach of security. Diamond Shop cannot and will not be liable for any loss or damage arising from Your failure to comply with this provision. You may be held liable for losses incurred by Diamond Shop or any other visitor to the Platform due to authorized or unauthorized use of Your Account as a result of Your failure in keeping Your Account information secure and confidential. Use of another Merchant’s Account information for using the Platform is expressly prohibited.
12. Confidential Information
“Confidential Information” means any confidential, proprietary or other non-public information disclosed by one party (the “Discloser”) to the other (the “Recipient”), whether disclosed verbally, in writing, or by inspection of tangible objects. Confidential Information will not include that information that (a) was previously known to the Recipient without an obligation of confidentiality; (b) was acquired by the Recipient without any obligation of confidentiality from a third party with the right to make such disclosure; or (c) is or becomes publicly available through no fault of the Recipient. Each Recipient agrees that it will not disclose to any third parties, or use in any way other than as necessary to perform this Terms, the Discloser’s Confidential Information. Each Recipient will ensure that Confidential Information will only be made available to those of its employees and agents who have a need to know such Confidential Information and who are bound by written obligations of confidentiality at least as protective of the Discloser as this Terms before such individual has access to the Discloser’s Confidential Information. Each Recipient will not, and will not authorize others to, remove, overprint or deface any notice of copyright, trademark, logo, legend, or other notices of ownership from any originals or copies of the Discloser’s Confidential Information. The foregoing prohibition on disclosure of Confidential Information will not apply to the extent the Discloser has authorized such disclosure, nor to the extent a Recipient is required to disclose certain Confidential Information of the Discloser as a legal obligation based on the applicable laws and regulations or order of a court, provided that the Recipient gives the Discloser prior written notice of such obligation to disclose and reasonably assist in filing petition of objection etc. prior to making such disclosure. Upon expiration or termination of this Terms and as requested by the Discloser, each Recipient will deliver to the Discloser (or destroy at the Discloser’s election) any and all materials or documents containing the Discloser’s Confidential Information, together with all copies thereof in whatever form.
13. Representations and Warranties
a. Each party hereby represents and warrants that: (a) it has full power and authority to enter into these Terms of Use and perform its obligations hereunder; (b) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (c) it has not entered into, and during the Term (as defined below) will not enter into, any terms that would prevent it from complying with or performing under these Terms of Use (in your case, including without limitation, any exclusive terms with any third parties for the pick and drop off services via a technology platform); and (d) the content, media and other materials used or provided as part of these Terms of Use shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.
b. You agree to use the Platform only: (i) for purposes that are permitted by these Terms of Use; and (ii) in accordance with any applicable law, regulation or generally accepted practices or guidelines; (iii) on obtaining and maintaining throughout the Term any and all valid license, approvals, registrations, no objection certificates and in compliance with any law that may be specifically applicable to the business being carried out by Merchant and/or for use of the Platform or Diamond Shop Services by Merchant. You agree not to engage in activities that may adversely affect the use of the Platform by Diamond Shop or Delivery Partner(s) or other merchants.
c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and/or availing the Diamond Shop Services.
d. You represent and warrant that You are legally authorised to view and access the Platform and avail the Diamond Shop Services.
e. You agree not to access (or attempt to access) the Platform by any means other than through the interface that is provided by Diamond Shop. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, or in any way reproduce or circumvent the navigational structure or presentation of the Platform, materials or any Diamond Shop Property, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Platform.
f. You acknowledge and agree that by accessing or using the Platform, You may be exposed to content from others that You may consider offensive, indecent or otherwise objectionable. Diamond Shop disclaims all liabilities arising in relation to such offensive content on the Platform.
g. Further, You undertake not to:
(i) defame, abuse, harass, threaten or otherwise violate the legal rights of others;
(ii) publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, disparaging, ethnically objectionable, obscene, indecent or unlawful topic, name, material or information;
(iii) do any such thing that may harms minors in any way;
(iv) copy, republish, post, display, translate, transmit, reproduce or distribute any Diamond Shop Property through any medium without obtaining the necessary authorization from Diamond Shop;
(v) conduct or forward surveys, contests, pyramid schemes or chain letters;
(vi) upload or distribute files that contain software or other material protected by applicable intellectual property laws unless You own or control the rights thereto or have received all necessary consents;
(vii) upload or distribute files or documents or videos (whether live or pre-recorded) that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Platform or another's computer;
(viii) engage in any activity that interferes with or disrupts access to the Platform (or the servers and networks which are connected to the Platform);
(ix) attempt to gain unauthorized access to any portion or feature of the Platform, any other systems or networks connected to the Platform, to any Diamond Shop server, or through the Platform, by hacking, password mining or any other illegitimate means;
(x) probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User, of or visitor to, the Platform, to its source, or exploit the Platform or information made available or offered by or through the Platform, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than Your own information, as provided on the Platform;
(xi) disrupt or interfere with the security of, or otherwise cause harm to, the Platform, systems resources, accounts, passwords, servers or networks connected to or accessible through the Platform or any affiliated or linked sites;
(xii) collect or store data about other user, merchant, Delivery Partner in connection with the prohibited conduct and activities set forth herein;
(xiii) use any device or software to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
(xiv) use the Platform or any material or Diamond Shop Property for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of the Company or other third parties;
(xv) falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;
(xvi) impersonate any other user, Delivery Partner or person;
(xvii) violate any applicable laws or regulations for the time being in force within or outside India or anyone’s right to privacy or personality;
(xviii) violate these Terms of Use contained herein or elsewhere;
(xix) threatens the unity, integrity, defence, security or sovereignty of India, friendly relation with foreign states, or public order or causes incitement to the commission of any cognisable offence or prevents investigation of any offence or is insulting for any other nation; and
(xx) reverse engineer, modify, copy, distribute, transmit, display
16. Indemnification and Limitation of Liability
a. You agree to indemnify, defend and hold harmless Diamond Mutton and its affiliates including but not limited to its officers, directors, consultants, agents and employees (“Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, Diamond Mutton Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of these Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
b. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Diamond Mutton Property or Diamond Mutton Services on the Platform.
c. Your indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or Diamond Mutton Services.
d. Subject to applicable laws, in no event will Diamond Mutton or its employees' aggregate liability, arising from or related to the Diamond Mutton Services or the use of the Platform, exceed INR 50,000/- (Indian Rupees Fifty Thousand Only) for any and all causes of actions brought by You or on behalf of You.
e. The Platform and the Diamond Mutton Services are only available to merchants located in India. Merchant shall not access or use the Platform from any other jurisdiction except for India. If a Merchant accesses or uses the Platform from any other jurisdiction except for India, the Merchant shall be liable to comply with all applicable laws and Diamond Mutton shall not be liable for the same, whatsoever.
17. Violation of the Terms of Use
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to Diamond Mutton, for which monetary damages would be inadequate, and You consent to Diamond Mutton obtaining any injunctive or equitable relief they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that Diamond Mutton may have at law or in equity. If Diamond Mutton takes any legal action against You as a result of Your violation of these Terms of Use, Diamond Mutton will be entitled to recover from You, and You agree to pay all reasonable attorneys’ fees and costs of such action, in addition to any other relief that may be granted.
18. Additional Terms
We may also require You to follow additional rules, guidelines, or other conditions to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of these Terms of Use, and You agree to comply with them when You participate in those promotions or otherwise engage in activities governed by such additional terms.
19. Link to Third Parties
The Platform may contain links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). Diamond Mutton shall not be responsible for examining or evaluating such third-party websites, and Diamond Mutton does not warrant the products or offerings of any of these businesses or individuals or the accuracy of the content of such third-party websites. Diamond Mutton does not assume any responsibility or liability for the actions, product, and content of any such third-party websites. Before You use/access any such third-party websites, You should review the applicable terms of use and policies for such third-party websites. If You decide to access any such linked third-party website, You do so at Your own risk.
20. Term and Termination
a. These Terms of Use will continue to apply until terminated by either You or Diamond Mutton as set forth below. If You object to these Terms of Use or are dissatisfied with the Platform, Diamond Mutton Services, Your only recourse, subject to the clearance of all payment obligations either to Diamond Mutton or the Delivery Partner, is to terminate Your Account on the Platform by giving a 15 days’ advance written notice to Us. Diamond Mutton will make Your account dormant upon receipt of the request in writing and payment of outstanding dues, if any. Even after your account with Diamond Mutton is disabled, dormant, or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per these Terms of Use.
b. The Company may terminate Your future access to the Platform or suspend or terminate Your Account and Diamond Mutton Services if it believes, in its sole and absolute discretion, that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
c. You hereby agree and acknowledge, upon termination, Diamond Mutton shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
d. You hereby further agree and acknowledge that nothing contained in this Clause 20 shall be construed as a waiver of Diamond Mutton’s and/or Delivery Partner’s right to payment of the outstanding dues. You hereby further agree and acknowledge that on or before termination, You shall ensure that all the monies due to be paid to Diamond Mutton and/or Delivery Partner are paid in a timely manner.
You hereby further agree and acknowledge that in case of non-payment of dues within the prescribed timelines: (i) Diamond Mutton shall not in any manner be liable to Delivery Partner for payment of such due; and (ii) Diamond Mutton may: (a) adjust the amount due from the amount payable by Diamond Mutton to You; and (b) at its sole discretion, take appropriate legal action against You to recover the same and/or on receiving a request, facilitate Delivery Partner for such recovery.
21. Governing Law
These Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, forum, and applicable authorities at Bangalore.
22. Report Abuse
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@duzo.in In case You have any queries with respect to the Terms of Use or the Diamond Mutton Services, please write to Us at support@Diamond Mutton.in.
23. Communications
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Diamond Mutton, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting us for the same. However, You may still receive communications from Your end with respect to Your use of the Diamond Mutton Service.
once order has been placed it will be deliver in 24 hours
24. General
a. Amendments: Diamond Mutton reserves the unconditional right to modify or amend these Terms of Use without any requirement to notify You of the same. You can determine when these Terms of Use were last modified by referring to the “Last Updated” legend above. It shall be Your responsibility to check this Terms of Use periodically for changes. Your acceptance of the amended Terms of Use shall signify Your consent to such changes and agreement to be legally bound by the same.
b. Notice: All notices from Diamond Mutton will be served by email to Your registered email address or by general notification on the Platform.
c. Assignment: You cannot assign or otherwise transfer the Terms of Use, or any rights granted hereunder to any third party. Diamond Mutton’s rights under the Terms of Use are freely transferable by Diamond Mutton to any third party without the requirement of informing You or seeking Your consent.
d. Force Majeure: Any delay in or failure to perform any obligations by either party under these Terms of Use shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of such party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, labor strikes, sabotage, rebellion, insurrection, epidemic, pandemics, or similar outbreak (“Force Majeure”). Provided, however, You shall give prompt written notice within a period of 7 (seven) days from the date of the force majeure occurrence to Diamond Mutton. You shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days from the date on which Diamond Mutton receives the notice from You as above, Diamond Mutton shall have the right to terminate these Terms of Use.
e. No Agency: Merchant shall not be deemed to be Diamond Mutton’s agent, servant, or