Terms & Conditions

These Terms & Conditions govern access to and use of the CustomVendz platform, websites, applications, dashboards, APIs, connected vending machines, machine-management services, payment integrations, support facilities and related operational services.

Effective Date: 23 April 2024
Version: 2.0

1. Parties and allocation of responsibility

“CustomVendz” may provide software, vending hardware, machine-management technology, dashboards, applications, payment integrations, support tools, technical services or related facilities.

Depending upon the relevant transaction, the tenant, merchant, purchaser, machine owner, site operator, product seller or payment recipient may be a separate person or business.

• The product seller, tenant or operator is ordinarily responsible for product ownership, pricing, stock loading, product quality, expiry, packaging, allergen information, required licences and registrations, site-level operation and customer service, except where another arrangement is expressly agreed in writing.
• CustomVendz is responsible only for obligations expressly undertaken by it and for obligations or liabilities that cannot lawfully be excluded or restricted.
• The person receiving or settling a payment may vary according to the machine, tenant, merchant and payment arrangement.

2. Authorised account use

• Accounts may be used only by authorised persons.
• Login credentials, authentication information and tokens must be kept confidential.
• Users must not bypass permissions, access another tenant's information or impersonate another person.
• Administrators are responsible for assigning, reviewing and revoking their organisation's authorised access.
• Activity performed through valid credentials may be treated as authorised until compromise or misuse is reported and reasonably acted upon.

3. Nature of the vending system

A CustomVendz-connected vending machine is an integrated electromechanical, electronic and software-controlled system.

Its operation may involve, among other things, machine controllers, motors, spirals, trays, slots, cabins, sensors, locks, doors, payment systems, internet connectivity, software configuration, merchant integrations and remote server services.

Proper operation therefore depends upon the combined functioning of the relevant machine hardware, configuration, product loading, software, payment systems, network connectivity, operator procedures and environmental conditions.

The existence of an unsuccessful, interrupted or abnormal event does not by itself establish that the machine as a whole contains an inherent manufacturing defect.

4. Operator training, familiarisation and competency

Connected vending machines and the CustomVendz platform require reasonable operator training, familiarisation and compliance with applicable operating instructions.

The purchaser, tenant, merchant or operator is responsible for ensuring that persons operating, replenishing, configuring or maintaining the machine are sufficiently familiar with the functions relevant to their role, including where applicable:

• product loading and positioning;
• tray, slot, cabin and spiral configuration;
• product dimensions and product suitability;
• product and price mapping;
• inventory and stock configuration;
• software and dashboard operation;
• machine-status indications;
• payment and merchant integrations;
• routine cleaning and preventive maintenance;
• basic troubleshooting and service escalation.

CustomVendz may provide demonstrations, manuals, videos, remote assistance, practical sessions or other appropriate operational guidance.

Where further familiarisation is reasonably required, CustomVendz may recommend or offer additional practical training before an operating condition is characterised as a technical defect.

Failure to understand, configure or follow an operating procedure does not by itself establish that the machine, software or a component is defective.

5. Product loading, tray, slot and spiral configuration

The operator is responsible for ensuring that products are suitable for the assigned tray, cabin, slot, spiral or dispensing mechanism and are loaded according to the applicable operating instructions.

Vending performance may be affected by circumstances including:

• incorrect product dimensions or weight;
• improper product positioning;
• overfilling or unsuitable filling;
• incorrect spiral or slot selection;
• product obstruction or entanglement;
• incorrect product mapping;
• incorrect price or stock configuration;
• unauthorised configuration changes;
• stock mismatch;
• improper replenishment procedures.

A failed or interrupted vend caused by such circumstances shall not automatically be treated as a manufacturing defect.

Where reasonably available, transaction records, machine telemetry, configuration records, product information, service inspection and other relevant evidence may be considered when identifying the cause of an individual vending event.

6. Environmental conditions, moisture, corrosion and pest control

The purchaser, tenant, merchant, machine owner, site operator or other responsible party must provide and maintain an installation environment reasonably suitable for the machine and its electronic and mechanical components.

Reasonable precautions must be taken to protect the machine from:

• rain and water ingress;
• excessive moisture and condensation;
• fungal or moisture-related formation;
• rust and corrosion;
• insect, ant, rodent or pest intrusion;
• dust, grease or contamination;
• unsafe electricity or voltage conditions;
• physical impact;
• vandalism or unauthorised interference.

Damage, deterioration or malfunction resulting from environmental, external, maintenance-related or physical causes may fall outside free warranty coverage where provided by the applicable invoice, warranty terms and law.

CustomVendz may require photographs, videos, remote diagnostics, physical inspection or technician findings before determining whether a reported condition is warranty-covered.

7. Service availability and external dependencies

Reasonable efforts are made to maintain service availability, but uninterrupted, continuous or error-free operation cannot be guaranteed.

Service or vending performance may be affected by:

• internet, telecom, cloud or mobile-data interruption;
• bank, UPI or payment-gateway delay or outage;
• electricity failure, voltage fluctuation or power isolation;
• scheduled or emergency maintenance;
• software or firmware updates;
• stock mismatch;
• incorrect loading or product jams;
• incorrect software or machine configuration;
• motor, spiral, elevator, lock or delivery-door conditions;
• sensor obstruction, dirt, alignment or calibration issues;
• temperature, light, moisture or electrical interference;
• pest or insect intrusion;
• vandalism, impact, fire, water damage or tampering;
• events outside reasonable operational control.

8. Product selection and delivery

Customers must review the displayed product, price, quantity and reasonably available product information before payment.

Product packaging or appearance may vary because of manufacturer, supplier or packaging updates.

Successful payment does not by itself conclusively establish physical product delivery.

Similarly, an individual sensor or machine record does not by itself necessarily prove or disprove delivery.

All reasonably available transaction, payment, machine, service and other relevant evidence may be assessed together.

Except in circumstances involving wrong, defective, unsafe, expired or otherwise non-conforming goods, a mere change of mind following verified delivery does not ordinarily create a refund entitlement, subject to applicable law.

9. Payment processing

Payment authorisation, settlement, reversal and final credit may depend upon banks, UPI participants, payment gateways, merchant acquirers or other payment-system providers.

A displayed payment success, pending or initiated message does not necessarily establish final settlement to the relevant merchant.

Users should avoid repeated payments while a transaction remains pending.

Duplicate, reversed, failed or disputed transactions will be handled according to the applicable Vending & Refund Policy and binding payment-system or legal requirements.

10. Failed vending remedy

Where reasonably verified records establish payment and non-delivery, an appropriate remedy may include:

• re-vend of the verified item;
• replacement of equivalent value;
• refund of the verified affected transaction amount;
• another remedy required under applicable law.

Only one compensatory remedy will ordinarily be provided for the same verified loss.

A person may not ordinarily retain the product, replacement or completed re-vend and simultaneously claim a duplicate refund for the same loss unless required by applicable law.

11. Investigation and technical evidence

An operational, payment, vending, warranty or service claim may be investigated using reasonably available evidence including:

• payment-provider records;
• bank or gateway references;
• transaction history;
• machine telemetry;
• controller and software events;
• sales and stock records;
• product-refill records;
• tray, slot, cabin and configuration records;
• door, sensor, motor and dispensing events;
• machine fault and diagnostic records;
• login and authorised-user activity;
• support communications;
• technician/service inspection;
• photographs and videos;
• lawfully available CCTV or site-security information.

A screenshot alone does not necessarily establish final merchant settlement.

A payment-success message alone does not prove non-delivery.

A sensor result alone may not conclusively prove or disprove delivery.

Absence of one particular technical record does not automatically prove either party's account of an incident.

Machine and transaction logs may be considered as technical evidence together with service records, configuration information, physical inspection and other relevant information.

CustomVendz does not admit negligence, inherent defect or liability merely because a problem is reported, a service visit occurs or one technical record indicates a possible failure.

Responsibility and remedy depend upon the complete verified circumstances and applicable contractual and legal obligations.

12. Warranty assessment and paid service

Machine and component warranty coverage is governed by the applicable invoice, purchase agreement, warranty certificate, written warranty conditions or other contractual document provided for the particular transaction.

A reported issue may be assessed according to:

• the affected component;
• the applicable warranty period;
• the technical cause;
• service and maintenance history;
• physical and environmental condition;
• the applicable warranty exclusions;
• mandatory rights under applicable law.

Where a genuine warranty-covered failure is established, CustomVendz will provide the service or remedy required by the applicable written warranty and law.

Where the applicable invoice or warranty excludes particular categories, including where applicable touchscreen damage, mechanical damage or physical damage, those exclusions will be applied subject to applicable law.

Damage or malfunction attributable to circumstances including moisture, fungal formation, water ingress, rust, corrosion, insect or pest intrusion, physical damage, unsuitable environmental conditions, improper maintenance, unauthorised modification, incorrect operation or another excluded cause may be treated as non-warranty service where supported by the applicable terms and evidence.

Inspection, repair, replacement, technician attendance or other work falling outside free warranty coverage may be provided on a chargeable basis following applicable inspection and quotation.

Providing diagnostic assistance, adjustment, training, temporary support, replacement, warranty service or paid service does not by itself constitute an admission that the machine was inherently defective when supplied.

13. Continued operation after a reported issue

A purchaser or operator who reports an issue should follow reasonable troubleshooting, inspection and service instructions provided by CustomVendz.

Continued operation after reporting an issue does not waive any mandatory legal right and does not by itself establish that no technical issue existed.

However, continued machine activity, successful vending transactions, sales activity, stock replenishment, product configuration, login/software usage and other operational records may be considered when evaluating the actual nature, duration and effect of an alleged condition.

Where continued operation could reasonably aggravate a known safety or mechanical condition, the operator must suspend the affected operation and obtain appropriate technical guidance.

14. Support, training and service cooperation

To diagnose or correct a reported condition, CustomVendz may reasonably request cooperation including:

• remote access or diagnostic information where authorised;
• photographs or videos of the machine and product loading;
• transaction or order references;
• inspection of tray, slot, spiral or product configuration;
• temporary suspension of an affected function;
• attendance by an authorised technician;
• participation in operational or software training.

Failure or refusal to provide reasonably necessary diagnostic information or access may prevent accurate diagnosis and may delay service, subject always to applicable contractual and legal rights.

15. Product safety and quality

Expired products, damaged packaging, contamination, manufacturer recalls, allergen concerns and temperature-sensitive product issues should be reported promptly.

Products should not be consumed where safety is reasonably uncertain.

Responsibility for product ownership, quality, expiry, lawful sale, packaging, ingredients and related food compliance ordinarily rests with the relevant product seller, manufacturer, tenant or machine operator except where CustomVendz has expressly assumed such responsibility or applicable law provides otherwise.

16. Regulatory, FSSAI and merchant-account requirements

The merchant, tenant, purchaser, product seller or operator is responsible for obtaining and maintaining licences, registrations, permissions, tax particulars, banking credentials and merchant-account documentation applicable to its business, products and operations.

This may include, where applicable, food-business registration or licensing, merchant onboarding information, payment-provider KYC, bank information, GST information and other business documentation.

CustomVendz may provide reasonable administrative guidance concerning merchant onboarding, payment integration, FSSAI/FoSCoS or similar operational requirements.

Such assistance does not transfer the underlying regulatory, licensing, tax or business-compliance responsibility from the relevant merchant or operator to CustomVendz.

Delay or inability to activate a merchant, payment or related feature caused by missing, incomplete, inaccurate, unverified or unavailable business documentation does not by itself constitute a machine or software defect.

17. Tenant, purchaser and operator obligations

Tenants, purchasers, merchants and operators are responsible for duties allocated to them by contract and applicable law, including where relevant:

• correct stock loading;
• appropriate product selection and configuration;
• product quality and expiry checks;
• machine cleanliness;
• reasonable pest prevention;
• appropriate environmental protection;
• suitable electrical supply;
• network access;
• safe installation conditions;
• routine maintenance obligations assigned to the operator;
• site-level regulatory compliance;
• ensuring operators receive appropriate training.

18. Prohibited conduct

Users and operators must not:

• shake, tilt, strike, climb on or forcibly open a machine;
• block, cover, contaminate or interfere with sensors;
• force a door, lock, spiral, tray, cabin or mechanism;
• alter wiring, power, network or controller equipment;
• perform unauthorised repairs;
• make unauthorised hardware or firmware modifications;
• perform unauthorised configuration changes;
• probe system security or install malicious software;
• use stolen or unauthorised payment credentials;
• submit fraudulent, duplicate, fabricated or misleading claims.

To the extent permitted by law, a responsible person or organisation may be required to bear reasonable and documented inspection, repair, replacement, investigation or downtime costs caused by proven deliberate misuse, tampering, unauthorised modification or negligent failure to follow clearly communicated requirements.

Ordinary training or familiarisation errors will not automatically be characterised as negligence and will be evaluated according to the relevant circumstances.

19. Refunds relating to purchase of vending hardware

A complaint, service request or individual component failure does not by itself create an automatic right to return an entire machine or obtain a full purchase-price refund.

Any claim concerning repair, replacement, cancellation or refund of vending hardware will be determined according to:

• the applicable invoice and purchase terms;
• the applicable warranty;
• the nature and cause of the alleged defect;
• whether the alleged condition is repairable;
• applicable warranty exclusions;
• service already provided;
• actual machine usage;
• mandatory rights under applicable law.

Nothing in this section limits a repair, replacement, refund or other remedy that cannot lawfully be excluded.

20. Limitation of liability

To the maximum extent permitted by applicable law, CustomVendz will not be liable for indirect, incidental, consequential, exemplary, speculative or remote losses, including claimed loss of profit, opportunity, reputation or business interruption, except where such liability cannot lawfully be limited.

For an ordinary verified individual vending failure, the usual remedy will ordinarily be limited to the affected transaction amount, replacement product, re-vend or another remedy required by law.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law, including liability arising from fraud, wilful misconduct or another liability that cannot lawfully be excluded.

21. Force majeure and external events

A party will not ordinarily be treated as being in breach for a delay or failure caused by an event beyond its reasonable control, including natural disaster, fire, flood, epidemic, war, riot, governmental action, transport interruption, electricity-grid failure, telecommunications outage, cloud outage, payment-network failure, supply-chain disruption or cyberattack not caused by a failure to use reasonable safeguards.

This provision suspends affected performance only to the extent and duration of the relevant event and does not remove obligations or rights that cannot lawfully be excluded.

22. Indemnity for unlawful misuse

To the extent permitted by applicable law, a user or organisation may be responsible for reasonable losses, claims and costs caused by its unauthorised access, fraudulent conduct, unlawful use, deliberate machine damage, breach of these Terms or infringement of another person's rights.

23. Suspension and termination

Access may be suspended, restricted or terminated where reasonably necessary for security, suspected fraud, non-payment, serious policy breach, legal compliance, machine safety, protection of users or protection of tenant/platform information.

Where reasonably practicable and appropriate, notice will be provided, except where immediate restriction is required for security, legal or safety reasons.

24. Intellectual property

Software, branding, interfaces, documentation, source code, configuration systems, training materials and related intellectual property remain owned by or licensed to the applicable rights holder.

Access to or use of the platform does not transfer ownership of intellectual property to the user.

25. Privacy and operational records

Personal data and operational information are handled according to the applicable CustomVendz Privacy Policy and applicable law.

CustomVendz may maintain machine activity, transaction, diagnostic, service, security, audit and policy-acknowledgement records for the purposes identified in the applicable Privacy Policy.

Nothing in these Terms independently authorises processing of personal data in a manner prohibited by applicable data-protection law.

26. Policy versions and electronic acknowledgement

CustomVendz may assign a version number and effective date to these Terms and related policies.

Where appropriate, users may be required to provide an affirmative acknowledgement when:

• an account is first activated;
• a relevant service is first enabled;
• a material contractual term changes;
• a renewed acknowledgement is otherwise appropriate.

CustomVendz may maintain records including:

• the applicable Terms or policy version;
• effective date;
• user/account identifier;
• acknowledgement timestamp;
• login/session information;
• relevant security or audit information.

Historical versions may be preserved for contractual, compliance, audit, service, evidence and dispute-resolution purposes.

Use of a new or updated policy will operate prospectively from its applicable effective date unless applicable law or a valid agreement expressly provides otherwise.

27. Policy changes

These Terms may be updated for operational, technical, product, security, legal or regulatory reasons.

Material changes may require a new notice or affirmative acknowledgement where appropriate or required by law.

Publication of an updated version does not retrospectively alter the contractual terms governing an earlier completed transaction except where legally permissible and validly agreed.

28. Governing law and dispute resolution

These Terms are governed by the laws of India.

Subject to mandatory consumer, payment, statutory and territorial jurisdiction, contractual disputes will be dealt with before the competent courts or forums specified by the applicable contract or otherwise having jurisdiction under law.

Parties should ordinarily first attempt good-faith resolution through the published grievance or support process.

Nothing in these Terms prevents access to a consumer commission, payment grievance mechanism, regulator, court, tribunal or other forum where such access cannot lawfully be excluded.

29. Entire agreement and relationship with other documents

These Terms operate together with the applicable:

• invoice and purchase terms;
• warranty or service terms;
• order or subscription terms;
• tenant or merchant agreement;
• Vending & Refund Policy;
• Privacy Policy;
• machine operating instructions;
• other written contractual documents applicable to the service.

Where different documents govern different subjects, each document applies to its relevant subject matter.

If a provision is held invalid or unenforceable, the remaining provisions shall continue to apply to the maximum extent permitted by law.

30. Reservation of mandatory rights