This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed there under, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.
Please read the following terms and conditions carefully before browsing, downloading, registering, accessing or using the Tullygully Application/ website (as defined below). By accessing, registering on or using the Tullygully Application or by using the Services provided by Us, as defined below, Consumer agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, Consumer do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, Consumer may not access or use the Tullygully Application and terminate this Agreement, in terms hereof.
By accepting the terms and conditions you declare that you are legally permitted to consume liquor and have the permit. If not it can be obtained from Maharashtra Government’s State Excise Department
Consumer’s Agreement to these Terms and Conditions for Availing Service
In a bid to ensure that no social distancing norms are violated, the Maharashtra government has given a go-ahead to the home delivery of liquor amid curfew. These Terms and Conditions (as may be amended from time to time, the "Agreement" or "Terms") constitute a legal contract between Consumer being a User of legal drinking age in Consumer’s state of domicile ("Consumer" or "User"), and Tullygully, having its registered office at Malad(W), Mumbai, Maharashtra, India ("TULLYGULLY", "We" or "Us"). Any capitalized terms used, but not defined herein, shall have the meanings assigned to them in the terms of use of Tullygully Application which is accessible here.
Tullygully owns and operates mobile applications namely "TULLYGULLY - The App", and the website – https://www.Tullygully.in (The mobile applications and the website will hereby commonly referred by the term "Tullygully Application"), which provides a platform for liquor/alcoholic beverage manufacturers and distributors ("Sellers") to showcase liquor and alcoholic beverages ("Products") on the platform created by Tullygully i.e. the Tullygully Application, and enables Consumer to search and order for these Products through independent, licensed alcohol beverage retailers, and other licensees with retail privileges (hereinafter referred to as the "Merchant"). We act as an intermediary/ service provider, providing Consumer with this platform enabling Consumer to purchase the Products from the Merchant and We provide Consumer with payment solutions, payment support services, technology solutions and other related / ancillary services further. This may or may not include delivery of the product to the selected destination via. our platform as selected by the Consumer (hereinafter referred to as the "Services"). (hereinafter referred to as the "Services"). All transactions through the Tullygully Application are accepted, reviewed, and ultimately fulfilled by the Merchant. We do not warrant or take any responsibility or liability in respect of the services provided by the Merchant.
By accessing the Tullygully Application, Consumer represent that Consumer are of legal drinking age in Consumer’s state of domicile and have not been previously suspended or prohibited from accessing the Tullygully Application or otherwise availing the Services through the Tullygully Application. Consumer represent and warrant that Consumer have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.
Consumer shall be solely responsible for maintaining the confidentiality of Consumer’s User ID and Pin ("Tullygully Account") and shall be responsible for all activities that occur under Consumer’s User ID. Consumer agree that if Consumer provide any information that is inaccurate, false or incomplete or We have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with this Agreement, We shall have the right to indefinitely suspend or terminate or block access of Consumer’s membership on the Tullygully Application and refuse to provide Consumer with access to the Tullygully Application.
Consumer also agree that Consumer’s User Profile is linked to Consumer’s mobile number (issued by a valid operator in India) and Consumer’s self-declared email id, both of which clearly identifies Consumer’s Tullygully Account. Consumer agree to provide Consumer’s correct name and other details sought for which will appear on Consumer’s Tullygully Application/ Previous order account statement.
As part of the Tullygully’s registration process, Tullygully will generate a secure SMS based One Time Pin ("OTP") which will be sent to Consumer’s registered mobile number to sign in to Consumer’s Tullygully Account. Consumer are responsible for maintaining the integrity of the OTP with Consumer’s Tullygully Account and are fully responsible for all activities that occur under the Tullygully Account.
Consumer are fully responsible for providing the proper email id at the time of sign-up and Consumer acknowledge to receive emails relating to Consumer’s Tullygully Application account and the product communications to Consumer’s registered email id.
Our official language of Consumer communication is English. By Consumer’s acceptance of the T&C, we note Consumer’s preference to receive all communications from Tullygully in the English language.
Consumer agree to:
Our Services enable Consumer to search and pay for various Products with the Merchant. All transactions are solely made between Consumer and the Merchant. Consumer acknowledge and agree we do not sell, offer to sell, invite to sell, sell or deliver the Products. In all instances, all sales are advertised, accepted, made and delivered by the Merchants who receive all orders and offers.
Tullygully grants Consumer a non-transferable, non-exclusive limited license to access and make personal use of the Services and the Tullygully Application, which shall be subject to the terms and conditions contained in this Agreement. The license allows Consumer to use the Services for Consumer’s personal, non-commercial use. The license also allows Consumer to download, install the Tullygully Applications related to the Services on a mobile device that Consumer own or control for Consumer’s personal non-commercial use. Tullygully grant of license does not permit Consumer to duplicate, transfer, give access to, copy or distribute any part of the Services in any way, or use the Services in any manner not consistent with the terms of this Agreement. All rights not expressly granted herein are reserved by Tullygully.
All Users are required to create a Tullygully Application account (as defined hereinafter) and all payments in respect of the Products are to be made directly to the Merchants via COD, Card On Delivery, Wallets/UPI on delivery using Tullygully Application, the monetary value will be received by the respective Merchants from whom Consumer purchase the Products. The sale of the relevant Products shall be deemed to be completed at the licensed premises as per Applicable Laws. All deliveries shall be subject to compliance as laid down by the State Employees Regulations.
The deadlines and time periods indicated by Tullygully are not binding, unless agreed otherwise in writing. Tullygully is not responsible for delays of delivery due to Force Majeure, change in Government Policy or due to such events which may make the delivery considerably more difficult or impossible for Tullygully to abide with, even if binding time periods and delivery deadlines have been agreed. Those events permit Tullygully to delay the delivery or service for the duration of the hindrance, or to withdraw from the contract in full or in part in relation to that part that has not been fulfilled.
All order acceptances are given exclusively on the basis of these General Terms and Conditions of Sale and Delivery. Supplements, Amendments and Verbal Agreements shall require a written confirmation by the Seller to be legally binding. Revocation of an order already sent by the Purchaser and confirmed by the Seller shall be inadmissible.
Tullygully does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. Consumer are advised to independently verify the bona fides of any particular Merchant that Consumer choose to deal with on the Platform and use Consumer’s best judgment on that behalf. All Merchant offers and third-party offers are subject to the respective party terms and conditions. Tullygully takes no responsibility for such offers.
Tullygully neither makes any representation or warranty as to specifics (such as quality, value, saleability, etc.) of the products proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products on the Platform. Tullygully accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Tullygully is operating as a Lead Generation Software and assumes the role of an intermediary and does not at any point of time during any transaction between Consumer and Merchant on the Platform come into or take possession of any of the products offered by the Merchant. At no time shall Tullygully hold any right, title or interest over the products nor shall Tullygully have any obligations or liabilities in respect of such contract entered into between Consumer and Merchant.
Before handing over of the Products to Consumer, the Merchant may validate Consumer’s identity by requesting a proof of identity. The onus of age-verification lies with the Merchant to request for a proof of identity if the recipient appears to be below the legal drinking age of the state of operation.
Neither Tullygully, nor any officer, director, employee, shareholder or agent of Tullygully shall be liable to the User or any third party for any claims relating to the reservation and/or consumption of the Products or any consequences which may result thereof.
By completing a transaction on the Tullygully Application, Consumer agree that Consumer are of the relevant legal age as per Applicable Law in the State in which Consumer are domiciled, to reserve and thereafter consume such Products.
In the event that there is no individual who is of the relevant legal age or other requirements as per Applicable Laws in the State in which he is domiciled, to receive and consume such Products or such individual cannot provide valid identification showing the proof of his or her age or other excise prerequisites such as "permit", the Merchant may deny service of the Products. This reservation includes, but is not limited to the following:
iii. Person/s found to be drunk
At the time of Delivery, if the individual cannot provide valid identification showing the proof of his or her age or other excise or Application prerequisites such as "permit", "OTP", the Delivery Agent or the Merchant may deny service of the Products. The aforementioned other reservations are also applicable.
Consumer agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and Consumer agree that Consumer will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. Consumer agree that:
(i) Consumer will not use the Services if Consumer are not fully able and legally competent to agree to these Terms
(ii) Consumer will not engage in any behaviour which is in violation of any law in force
(iii) Consumer will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds
(iv) Consumer will not infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights
(v) Consumer will not host, display, upload, modify, publish, transmit, update or share any message / information which is libellous, defamatory or which discloses private or personal matters concerning any person
(vi) Consumer will not host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner
(vii) Consumer will not refuse to cooperate in an investigation or provide confirmation of Consumer’s identity or any other information Consumer provide to Tullygully, the Merchant, if required by any law enforcement, legal or government agencies or Merchant
(viii) Consumer will select payment method such as COD,UPI,Wallets etc to make direct payments to Merchants using Tullygully Application.
(ix) Consumer will not remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Tullygully Application or features that prohibit access to the Tullygully Application or the Services in any manner or enforce limitations on the use of the Services
(x) Consumer will not reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Tullygully Application or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation
(xi) Consumer will not attempt to obtain any information or content from the Services using any robot, spider, scraper or other automated means for any purpose
(xii) Consumer will keep secure and confidential Consumer’s details of the Tullygully Account or any identification we provide Consumer which allows access to the Services
(xiii) Consumer will only use an access point or data account which Consumer are authorized to use
(xiv) If Consumer choose to use the Platform, it shall be Consumer’s responsibility to treat Consumer’s user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us
(xv) We shall at times and at our sole discretion reserve the right to disable any user identification code or password if Consumer have failed to comply with any of the provisions of these Terms of Use.
(xvi) The Products will be deemed to be sold only at places which are licensed premises as per Applicable Laws.
(xvii) Consumer will provide proof of identity and age reasonably requested by the Delivery Agent, Merchant or its employee
(xviii) Consumer will not use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
(xix) Consumer will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time
(xx) Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Tullygully, a third party or Consumer
(xxi) Consumer shall not hold Tullygully liable for any Services provided by the them including but not limited to anything that arises from the use of such Services or loss of belongings and assets or any security related issues
The prices of the Products published on the Tullygully Application are prices based on pricing information provided to us by the Merchant and may not always reflect the prevailing pricing. The Merchant reserves the right to determine final prices of all their Products.
Consumer agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Consumer’s use or misuse of the Tullygully Application, violation of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by Consumer herein. We reserve our right, at Consumer’s expense, to assume the exclusive defence and control of any matter for which Consumer are required to indemnify us, including rights to settle, and Consumer agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify Consumer of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.
In no event will We or our contractors, directors, officers, agents, licensors, partners be liable to Consumer for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to (i) this Agreement, and (ii) the use or inability use the Tullygully Application.
CONSUMER’S SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTES WITH US IS THE CANCELLATION OF CONSUMER’S TULLYGULLY ACCOUNT WITH US.
TULLYGULLY'S APPLICATION, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE TULLYGULLY APPLICATION, IS PROVIDED 'AS IS.' TO THE FULLEST EXTENT PERMISSIBLE BY LAW, TULLYGULLY AND ITS SUBSIDIARIES AND AFFILIATES MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT/SERVICES ON THE TULLYGULLY APPLICATION, OR THE MATERIALS, INFORMATION AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH PLATFORM, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH PLATFORM OR ANY LINKED SITE. FURTHER TULLYGULLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. TULLYGULLY DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON TULLYGULLY APPLICATION, OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE. TULLYGULLY SHALL NOT BE LIABLE FOR THE USE OF TULLYGULLY APPLICATION, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN.
IN NO EVENT OUR TOTAL CUMULATIVE LIABILITY TOWARDS CONSUMER FOR ANY AND ALL CLAIMS UNDER THIS AGREEMENT REGARDLESS OF THE FORM OF ACTION, EXCEED INR 100.
All rights, including copyright, in the Tullygully Application are owned or controlled for these purposes by us. Except where expressly stated otherwise, Consumer are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content on the Tullygully Application for any purpose whatsoever without Our prior written permission. Violators will be prosecuted to the maximum extent possible under Applicable Laws. Any other rights, not expressly granted herein, are reserved.
The Tullygully Application includes a combination of content that we create, that our partners or licensors or associates create, and that Tullygully s/Merchants may create. All materials published on the Tullygully Application, including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. Consumer are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the Tullygully Application or on its websites in whole or in part.
If we find any contents or materials published on the Tullygully Application or on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, Consumer shall refrain from use of such materials or contents and shall bear all risks associated with using that content. Consumer unequivocally agree not to publish or post such material in Consumer’s content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable.
All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Tullygully Application belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. Consumer irrevocable confirm and undertake that We shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Tullygully Application under license or rights or affiliation with the said person, entity or third party.
Termination by Us: Consumer agree that We, in our sole discretion, for any or no reason, may suspend or terminate Consumer’s Tullygully Account (or any part thereof) or terminate this Agreement, at any time without assigning any reason. Consumer agree that any termination may be effected without prior notice, and Consumer agree that, we will not be liable to Consumer or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies we may have at law or in equity.
Upon termination of this Agreement for any reason, we will block Consumer’s access to the Application and delete Consumer’s Tullygully Account.
We do not in any way warrant or represent the quality or nature of the Products which may be advertised on the Tullygully Application. Consumer’s correspondence or dealings with, or participation in promotions of advertisers displayed on the Tullygully Application, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between Consumer and such advertiser / third party. We shall not be responsible or liable for any loss or damage of any sort incurred by Consumer as a result of any such dealings or as the result of the presence of such advertisers on the Tullygully Application or Tullygully's website, and any such interaction with a third party advertiser shall be undertaken by Consumer at Consumer’s sole risk and liability.
We reserve the exclusive right to change, modify, add, delete or remove portions of this Agreement at any time by posting a notification on the Tullygully Application or otherwise communicating the said notification to Consumer. The changes will become effective and shall be deemed accepted by Consumer, 24 (twenty-four) hours after the initial posting and shall be applicable immediately on a going-forward basis. If Consumer do not agree with any such modification, Consumer’s sole and exclusive remedy is to terminate this Agreement in accordance with the clause above. If Consumer continue to use the Application, it will be deemed as Consumer’s acceptance to the terms.
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. Any waiver of any provision of this agreement and other statutes will be effective only if in writing and signed by our authorized signatory.
When Consumer use the Services, Consumer understand and agree we may collect, use and disclose information about Consumer as described in our Privacy Policy located here.
We may provide Consumer with notices and communications by email, regular mail or postings on the Tullygully Application or Tullygully's website or by any other reasonable means. Except otherwise communicated, notice to us must be sent by courier or registered mail to: Dev Corpora Thane, Maharashtra, India.
Disputes are defined as any claim, controversy, or dispute between Consumer and Tullygully, including any claims relating in any way to the present Agreement, any supplemental Terms, or the services, amendments, or any other aspects of the Agreement.
Any dispute arising out between the parties would be resolved by the district/civil courts of the State of Maharashtra.
Subject to Clause 18, Consumer agree that courts in Mumbai, India, shall have exclusive jurisdiction in respect of disputes between us. This Agreement shall be governed by the laws of India.
If any provision of this Agreement is held to be unlawful, void, invalid or otherwise unenforceable, then that provision will be limited or eliminated from this Agreement to the minimum extent required, and the remaining provisions will remain valid and enforceable.
This Agreement, and any rights granted hereunder, may not be transferred or assigned by Consumer without our prior written consent which may be withheld in our sole discretion, but may be assigned by us without restriction. Any assignment attempted to be made in violation of this provision shall be void and of no effect.
Upon termination of this Agreement, any provision which, by its nature or express terms should survive, will survive such termination or expiration as applied to transfers and relationship prior to such termination or expiration.
Consumer can send in Consumer’s queries, requests or complaints in the following ways:
Consumer have the right to register a complaint if Consumer are not satisfied with any of the following:
If Consumer are not satisfied with the resolution provided by our level 1 escalation, Consumer can further escalate the concern to a higher level as mentioned in our Consumer Grievance policy here
KYC refers to the various norms, rules, laws and statutes issued by various government authorities including the Reserve Bank of India from time to time. As required by government authorities, including excise authorities, Tullygully, the Merchant, may be required to procure personal identification details from Consumer before any Services can be delivered and at the time of registration and/ or on a later date, for availing and / or continuation of the Tullygully Application/Payment Gateway. Consumer agree that:
iii. The collection, verification, audit and maintenance of correct and updated Consumer information is a continuous process and We reserve the right, at any time, to take steps necessary to ensure compliance with all relevant and applicable KYC requirements;
Subject to guidelines/notifications issued by various government authorities including the Reserve Bank of India from time to time, the KYC norms may be reviewed and modified at the discretion of Tullygully without prior intimation to Consumer.
Consumer agree to receive certain specific emails from us. Consumer hereby confirm that as on date of this registration, Consumer do not have any objection to receiving emails, messages and calls from us and our members. This consent shall supersede any preferences set by Consumer with or registration done with the Do Not Disturb (DND Register)/ National Consumer Preference Register. This consent extends to emails, messages or calls relating to Consumer’s association with the Tullygully Application and/ or Tullygully's website under these Terms.
In case of Delivery, there is no warranty that the product delivery or handover will depend on the Product’s availability at that particular time at that particular store/Merchant. It completely depends on the Merchant’s discretion to Accept/Reject any order.
The Merchant shall be solely responsible for any warranty/guarantee of the liquor products Delivered/Handed Over to the Users and in no event shall be the responsibility of Tullygully.
The transaction is bilateral between the Merchant and User and therefore, Tullygully is not liable to charge or deposit any taxes applicable on such transactions.
Consumer acknowledge and agree that we act as the Merchant's Digital Partner for the limited purpose of accepting orders from Consumer on behalf of the Merchant. Consumers can select Payment option and make payments directly to Verified Merchants upon Delivery.
The final tax bill will be issued by the Merchant to the User along with the order & Rs 5/- Permit Charge & Proceeding of the permit shall be forwarded to the Concern State Excise by Merchants. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Tullygully holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
As a general rule Consumer shall not be entitled to cancel Consumer’s order once Consumer have received confirmation of the same from the Merchant. If Consumer cancel Consumer’s order after it has been confirmed, Tullygully shall have a right to charge Consumer a cancellation fee corresponding to the order value (inclusive of applicable taxes), with a right to either not to refund the order value or recover from Consumer’s subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our Merchant and delivery agents. Tullygully shall also have the right to charge Consumer cancellation fee for the orders cancelled by Tullygully for the reasons specified under Clause 1(iii) of this cancellation and refunds policy.
However, in the unlikely event of an item on Consumer’s order being unavailable, we will contact Consumer on the phone number provided to us at the time of placing the order and inform Consumer of such unavailability. In such an event Consumer will be entitled to modify or cancel the entire order.
We reserve the sole right to modify/cancel Consumer’s order in the following circumstance:
iii. failure to contact Consumer by phone or email at the time of confirming the order booking
Consumer at the time of delivery
credibility of relevant circumstances on the full discretion of Tullygully.
failure to contact Consumer by phone or email at the time of confirming the order booking;
29.Mislleneous
Before handing over of the Products to Consumer, the Merchant may validate Consumer’s identity by requesting a proof of identity. The onus of age-verification lies with the Merchant to request for a proof of identity if the recipient appears to be below the legal drinking age of the state of operation.
Neither Tullygully, nor any officer, director, employee, shareholder or agent of Tullygully shall be liable to the User or any third party for any claims relating to the reservation and/or consumption of the Products or any consequences which may result thereof.
By completing a transaction on the Tullygully Application, Consumer agree that Consumer are of the relevant legal age as per Applicable Law in the State in which Consumer are domiciled, to reserve and thereafter consume such Products.
In the event that there is no individual who is of the relevant legal age or other requirements as per Applicable Laws in the State in which he is domiciled, to receive and consume such Products or such individual cannot provide valid identification showing the proof of his or her age or other excise prerequisites such as "Liquor Permit", the Merchant may deny service of the Products. This reservation includes, but is not limited to the following:
Consumer agree to protect the Services, and their proprietary content, information and other materials, from any unauthorized access or use, and Consumer agree that Consumer will not use the Services or such proprietary content, information or other materials except as expressly permitted herein or expressly authorized by Us. Consumer agree that:
iii. Consumer will not impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what We reasonably believe to be potentially fraudulent funds;
vii. Consumer will not refuse to cooperate in an investigation or provide confirmation of Consumer’s identity or any other information Consumer provide to Tullygully, the Merchant, if required by any law enforcement, legal or government agencies or Merchant;
viii. Consumer will not make or seek to make payment to the Merchants other than through the Tullygully Application/Payment Gateway/Account;
xii. Consumer will keep secure and confidential Consumer’s details of the Tullygully Account or any identification we provide Consumer which allows access to the Services
xiii. Consumer will only use an access point or data account which Consumer are authorized to use
xiv. If Consumer choose to use the Platform, it shall be Consumer’s responsibility to treat Consumer’s user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if Consumer have failed to comply with any of the provisions of these Terms of Use
xvi. Consumer will provide proof of identity and age reasonably requested by the Delivery Agent, Merchant or its employee
xvii. Consumer will not use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner
xviii. Consumer will not breach this Agreement and terms and conditions thereof or any other rule, regulation or policy, as introduced by us from time to time
xix. Use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to Tullygully, a third party or Consumer
The prices of the Products published on the Tullygully Application are prices based on pricing information provided to Us by the Merchant and may not always reflect the prevailing pricing. The Merchant reserves the right to determine final prices of all their Products.
Consumer agree to indemnify, save, and hold Us, our promoters, directors, affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Consumer’s use or misuse of the Tullygully Application, violation by Consumer of the terms and conditions of this Agreement, or any breach of the representations, warranties, and covenants made by Consumer herein. We reserve our right, at Consumer’s expense, to assume the exclusive defence and control of any matter for which Consumer are required to indemnify us, including rights to settle, and Consumer agree to cooperate with Us to defend and settle the claims. We will make reasonable efforts to notify Consumer of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This clause shall survive termination of this Agreement.
In no event will We or our contractors, directors, officers, agents, licensors, partners be liable to Consumer for any special, indirect, incidental, consequential, punitive, or exemplary damages, including but not limited to lost business opportunities, lost revenues, or loss of anticipated profits or any other pecuniary or non-pecuniary loss or damage of any nature whatsoever, arising out of or relating to –
iii. Any information provided to Tullygully with the intention of securing a Tullygully Application/Payment Gateway shall vest with Tullygully and may be used for any purpose consistent with Applicable Law, at its discretion.
Subject to the guidelines/notifications issued by RBI from time to time these limitations may be reviewed and modified at the discretion of Tullygully without prior intimation to the Consumer.
Tullygully reserves the right to suspend/discontinue the Tullygully Application/Payment Gateway services to Consumer at any time, for any cause, including, but not limited, to the following -
iii. To combat potential fraud, sabotage, wilful destruction, threat to national security or for any other force majeure reasons, etc
vii. Consumer are permitted to maintain and operate only one Tullygully Application account from one Mobile number and Name
viii. Any suspected non-conformity with this requirement shall be just cause for the suspension or discontinuation of any/all Tullygully account and Payment Gateways associated with Consumer and number with Tullygully
KYC refers to the various norms, rules, laws and statutes issued by the RBI from time to time, including the Master Direction (Know Consumer’s Consumer (KYC)) Direction, 2016, as amended or implemented from time to time. Tullygully is required to procure personal identification details from Consumer before any services can be delivered and at the time of registration and/or on a later date, for availing and/or continuation of the Tullygully Application, subject to Applicable Law and Tullygully's Privacy Policy. Consumer agree that :
iii. Subject to Applicable Law and Tullygully's privacy policy, any information provided to Tullygully, with the intention of securing Tullygully Application/, shall vest with Tullygully, and may be used, for any purpose consistent with the Applicable Laws and Tullygully's privacy policy, at its discretion
i.Tullygully will never collect direct payments from consumer, all payments will be collected via Merchant upon delivery reducing risk involved in online transactions.
iii. Consumer shall be solely responsible for the confidentiality, safety and security of the One Time Pin. Consumer shall be the sole owner of the One Time Pin and shall be responsible for the consequences arising out of disclosure of the One Time Pin and/or the unauthorized use of the Tullygully
vii. Tullygully’s Customers who have utilised the Tullygully application for Gifting shall provide on demand, the full details of the ultimate beneficiary, while all terms and conditions of Tullygully remains valid and applicable on him/her, for the purpose of furnishing the same to the RBI or the government, as and when requested
viii. Consumer shall ensure that the services are not used for Transactions in any foreign currency. The Tullygully is issued & shall be valid only with the States of India and shall be used at Merchant Establishments only in India.