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1) The FDP shall make it clear that it is not either a manufacturer or a seller or distributor of food or beverages but only places an order against the partner restaurant on behalf of the User customer pursuant to the aforesaid contract and facilitate the sale and purchase of food and beverages between the two, under the contract for sale and purchase of food and beverages.
2) The FDP shall not be liable for any actions or omissions by the Restaurant Partners including deficiency in service, wrong delivery or order, quality of food, time is taken to prepare or deliver the order, etc.
3) The FDP must state that the liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely be towards the seller/owners, vendors, Restaurant Partners, importer or manufacturers of the food products.
4) The FDP must provide a disclaimer in respect of some of the food that may be suitable for certain ages only. It must be the responsibility of Users to check the food they are ordering and read its description, if provided, before placing an order on FDP. Food Delivery Platform shall not be liable in the event food ordered by User does not meet User’s dietary or any other requirements and/or restrictions.
5) The acceptance by a Delivery Partner of undertaking delivery of User’s order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislation, between the User and the Delivery Partner, to which again food Delivery Platform is not a party.
6) The FDP must clarify that FDP does not provide any delivery or logistics services and only enables the delivery of food and beverages ordered by the Users through FDP by connecting User with Delivery Partners or the Restaurant Partners, as the case may be.
7) The FDP must state that it will use reasonable efforts to inform the User of the Delivery Charges that may apply to the User, provided the User will be responsible for Delivery Charges incurred for User’s order regardless of User’s awareness of such Delivery Charges.
8) The FDP shall reserve it’s right that at any time and without prior notice, the Food Delivery Platform can remove, block, or disable access to any Content, for any reason or no reason, considered to be objectionable, in violation of the terms and conditions of this Agreement or otherwise harmful to the Services.
9) Intellectual & Proprietary Rights: The Food Delivery Platform shall declare in the form of a clause its ownership of FDP content and Proprietary Rights in detail every user must agree to protect FDP’S IPR and proprietary rights.
10) Use of License aspects: Food Delivery Platform shall grant User a personal, limited, non-exclusive, and non-transferrable license to access and use the Services only as expressly permitted as per the terms and conditions of the Agreement. The user shall agree not to use the services for any illegal purpose or in any manner inconsistent with the terms and conditions of this Agreement
11) Review and Ratings: The review or ratings for a restaurant by Users do not reflect the opinion of FDP. Food Delivery Platform gets many reviews or ratings for Restaurant by User, which reviews or ratings for Restaurants by Users, which shows the views of the User. It is important to state that every review or ratings posted on FDP are the personal views of the User.
12) On-Time Delivery: The User may opt for on-time delivery services offered by the Food Delivery Platform, for an additional non-refundable cost, at selected Restaurants. The User shall, however, acknowledge that such services are offered by the FDP on a best effort basis, hence should the order fail to reach on or prior to the Promise Time, the User would be eligible to receive Coupon worth value or up to INR 200, whichever is lower.
The Coupon is required to be claimed within such time as provided from the time such Order is delivered failing which the eligibility to receive Coupon expires. The User shall not be eligible to receive the coupon if Food Delivery Platform fails to deliver such Order within the time provided for unforeseen reasons beyond the control of the food Delivery Platform eg. Strikes, natural disaster, etc.
13) Price List: FDP shall take care to keep all the prices listed are correct at the time of publication, and have been placed as received from the Restaurants. The final price charged to the User may change at the time of delivery. In the event of a conflict between prices of the FDP and price charged by the Restaurant, the price charged by the Restaurant shall be deemed to be the correct price except for the Delivery Charge of Food Delivery Platform.
The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Food Delivery Platform when you place your order, which shall be rounded up to the nearest rupee. The User shall make full payment towards such food ordered via the FDP. Any amount that may be charged to the User by Food Delivery Platform over and above the order value shall be inclusive of applicable taxes.
14) Delivery periods/Pickup time quoted at the time of ordering are approximate only and may vary depending upon the situation. When the User opts for Pickup at the time of placing the Order, and FDP shall not be liable in any manner in this regard.
15) Personal Promo Code/offers/memberships can be used by the User subject to such terms and conditions set forth by the Food Delivery Platform from time to time. The FDP can promote its new offers/membership plans etc. and the User will have to subscribe for the same. The subscribers will only be eligible for offers opted.
TERMS OF USE FOR CUSTOMER :
1. The User shall request to order food and beverages from a Restaurant Partner by clicking on ‘Place Order’ tab on the Restaurant Partner page on the FDP shall constitute an unconditional and irrevocable authorization issued in favor of FDP to place online orders for food and beverages against the Restaurant Partners on User’s behalf.
An order, once placed on behalf of User by the FDP and accepted by a Restaurant Partner constitutes a separate contract of sale of goods under the Sale of Goods Act,1930 and the Consumer Protection Act, 2019 or any successor legislation between the Restaurant Partner and the User, to which the Food Delivery Platform shall not be a party.
2. The User must warrant that while placing an order the details like contact number, delivery address, etc. are accurate and correct. By providing these details, the User expresses his/her acceptance of FDP’s terms and conditions and privacy policies.
3. The User shall not resell food purchased via FDP.
4. The User shall be charged a delivery fee for delivery of the order by the Delivery Partner or Restaurant Partner as the Delivery Partner or Restaurant Partner may determine (“Delivery Charges”). The User must agree that the Food Delivery Platform is authorized to collect, on behalf of the Delivery Partner or Restaurant Partner, as the case may be. The Delivery Charges may vary from, order to order, which may be determined on multiple factors such as order value, demand during peak hours, etc.
CANCELLATION OF ORDER
