Terms and Conditions
Terms and Conditions
This agreement applies as between you, a Vendor on the AnyFeast website and our IOS and Android application (collectively “Platform”) currently provided or which will be provided by Kalesco IT Services Pvt Ltd of Gorai 2 Borivali West, Mumbai, Maharashtra 400092, India trading as “AnyFeast” (hereinafter “AnyFeast” or “we”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our services. If you do not agree to be bound by these terms and conditions, you should not use our platform.
Intermediary Role
- We will provide you with the services that result in legally binding contracts are concluded for the sale of goods to customers. We act as an intermediary on your behalf in entering into these contracts. We are not a party to the contract.
- You acknowledge and agree that AnyFeast may also use other Business or professional suppliers who may be your direct competitors and that we act on their behalf.
Our obligations
- We will provide you with:
- an order processing service that enables customers to place orders through the Platform
- to place orders with your Business,
- the Payment Services, for all orders placed through the Platform,
- the Delivery Services, where we have agreed to procure the Delivery Services,and
- such other services as may be agreed in due course,
- We will charge you for the fees specified in the registration form or otherwise.
Marketing
- In order to promote your Business, you agree that we may use your name, logo, Business information and other intellectual property. logo, Business information and other intellectual property for marketing activities during and after the and after the term of the Agreement. In particular, we may:
- promote your Business on the Platform by using your brand name relating to your Business; and
- and displaying your brand name or menu,to include your Business in advertising campaigns including platforms of Affiliated Companies (third parties), and in these activities use your approved logo and Business information in these activities
Differentiated Treatment
- We may charge different fees to different Businesss, depending on different factors, and may have differentand apply different fee structures. This is done in the course of running a commercial business with a number of Business Partners.
Registration On The Platform
- You may register on the Platform by submitting a completed registration form to us, including all specified documents and KYC information (as applicable). Requirement for an agreement for the provision of the Services is that AnyFeast has received and receipt and approval of the KYC Information and the Business Registration has been received (as applicable).
- We may, at our sole discretion, refuse any application for Business registration.
- You may only register a maximum of one (1) Business per address on the Platform. It does not matter whether there are physically separate operation on the premises.
- By registering on the Platform, you warrant that you are neither insolvent nor undergoing insolvency or restructuring proceedings, that no suspension of payments has been granted and that you are not being and that you are not under investigation or prosecution by any public authority.
- Upon acceptance and complete processing of a registration, we will provide you with a username and password to access the Platform.
Your Obligations
- You must provide us with the Business Information requested by us and you must ensure that the Business Information is accurate and up to date at all times. up to date at all times.
- The Business Information you provide will be reproduced and made available to customers on the Platform.
- We reserve the right to correct obvious spelling or formatting errors in the Business Information provided. You remain, however, fully responsible for the accuracy of such Business Information for the accuracy of such Business Information and for ensuring that it is kept up to date at all times.
- You are entitled, where appropriate and possible, to make changes to certain parts of the Business Information on the Platform yourself. In cases where it is not possible or not permitted to make such changes yourself, you must notify us of the changes to the Business Information at least Business Information at least fourteen (14) days before they are scheduled to take effect, so that we can process the amended Business Information displayed on the Platform.
- You will not be permitted to insert links to third party websites or advertisements on the Platform, and You will not engage in similar services using the Marks without our express consent.
- In accordance with applicable laws and standards, You must promptly provide Us with accurate and complete details of all allergens in your food. We may require you to additional information, if applicable, including the list of ingredients for each menu item, menu items. We will include the allergen information you provide on the Platform. You are responsible for ensuring that all allergen information provided by you is fully accurate, complete and up to date in respect of the food being prepared at that time.
- We do not carry out any checks or accept any liability for checking allergen information on your behalf.
- If a food inspection authority or any other regulatory body finds a breach by you violation by you or your employees under applicable food laws or other laws or regulations, you must notify us immediately.
- If a customer complains to us about an order or your delivery you must notify us immediately and you must respond to the customer as soon as possible and act reasonably and co-operate with that customer and us to reach a prompt resolution.
- In connection with the fulfilment of any order, you must not use any marketing materials with logos/branding of our competitors.
- If we have incurred any costs as a result of a complaint about your goods, services or conduct (including where you have refused an order), you will be liable to pay any costs incurred by us.
- During the Term, you are prohibited from:
- conduct your business in a manner that is detrimental to our business, goodwill or reputation; or harm our business, goodwill or reputation,
- participate in any act or omission which is detrimental to our business, goodwill or reputation; or our reputation, or
- do or say anything derogatory which may bring us into disrepute or damage our reputation,
- behave in an offensive or disrespectful manner towards customers, our employees or suppliers.
- If you breach this clause, we may restrict the Services, suspend or terminate any part of the Services or terminate this Agreement.
- Goods ordered by customers will be prepared by you on the premises and with all reasonable care and skill to ensure, that the Goods:
- are safe to eat,
- are of the standard expected
- are hygienically prepared, packaged, transported (where applicable) and stored,
- are correctly labelled; and
- prepared in accordance with any additional reasonable instructions provided by the customer; and
- have been prepared in accordance with any additional reasonable instructions provided by the customer,
- have been prepared with the correct ingredients as communicated to the Customer.
- You acknowledge and declare that once a Customer has placed an order through the Platform, a contract for the supply of the Platform, a contract for the supply of Goods has been formed between you and the Customer, and that you have not and that you must fulfil any order placed by a Customer in accordance with the Order Details. If you do not fulfil an order received within a reasonable time-frame, we may take such action as we deem appropriate (including a refund to the customer on your behalf and at your expense) to mitigate a negative customer experience.
- You will use your best endeavours to accept and factually accept and facilitate by email or telephone during your business hours. If you are unable to fulfil an order you must notify us as soon as possible so that we can inform the customer accordingly.
- If you are unable to provide one or more menu items included in an order menu items included in an order, you shall notify the customer within ten (10) minutes of receipt of the order and offer the customer a reasonable alternative.
- If your obligations are not complied with we shall have the right to we have the right to suspend the provision of the Services.
- If the Order contains alcohol or other age restricted products, you acknowledge, that you are solely responsible for ensuring that the Customer is of the appropriate legal age for the purchase of age restricted goods. You are require the customer to identify themselves at the time of delivery or collection in accordance with applicable law.
- If the customer is not able to provide appropriate identification or does not meet the age requirements, you must refuse to deliver the relevant products to the customer.
- You may cancel an Order in the following circumstances:
- the customer has placed the order with incorrect contact or address details,
- your goods are no longer available and the customer does not accept any alternative or alternative offered by you, or
- a Force Majeure Event affects your business. If an order is cancelled, you will notify us within two (2) days. Cancellations will not be considered after this period.
- We reserve the right to introduce a tipping feature on the Platform which will give Customers the ability to tip Delivery Agents via the online payment methods available on the Platform. If the delivery person is working for you,we will pass the tip on to you.
- You are obliged to pay any tips you receive from us to the from us to the relevant delivery person and to indemnify us against all claims by delivery persons and customers arising out of or in connection with the delivery of goods.
- Where applicable, you shall be solely responsible for any (payroll) tax consequences in connection with the payment of the gratuity to the delivery person.
- Upon request, you must provide the customer with a receipt (and, if applicable, a tax invoice) in respect of an order.
- You must comply with your obligations under this Agreement and ensure that your employees, agents and contractors also comply with them.
- You must comply with any reasonable instructions we give you in relation to the performance of your obligations under this Agreement. We will give you in relation to the performance of your obligations under this Agreement.
Payments By Customers
- When we receive payments from Customers for Card Orders, we will invoice the payment received (the gross order value) less any applicable fees charged by us (in respect of each order) will be order) will be held on your behalf until it is payable to you in accordance with our payment terms.
- No cash payments can be accepted when we are procuring delivery services.
- We will make available to you each week a summary statement of which will include the following
- the cumulative gross order value of all Orders, broken down into Orders and the fees we charge you. These may include amounts related to the delivery services or other services provided to you, or any other services provided to you or other amounts notified to you by us in a timely manner and charged to you invoiced to you in accordance with the Agreement; and
- any balances carried forward and any amounts which have been paid or received by us since the date of the previous statement.
- All amounts owed by you to us (including late payment interest and costs) will be set off against any amounts owed to you at any time.
- We may also deduct certain amounts, costs and expenses from any amounts we hold in custody on your behalf, such as
- all Chargebacks (and related costs and expenses),
- all other costs and expenses other costs and expenses incurred or reasonably expected to be incurred by us as a result of your breach of this Agreement by you or any apparent fraudulent activity in connection with your business. fraudulent activity in connection with your business, and/or
- any amounts that we are required to withhold are required or expected to be withheld pursuant to an order of any competent authority.
- If we make any withholdings, we will only do so for as long as is appropriate and we will (if applicable) make an appropriate credit to your account.
- If the cumulative gross order value is less than the amount you owe us in the same period (including all amounts due to us in respect of the same period), we will withhold the amount to the extent of the loss or liability. (including any amounts relating to commission fees for orders), we may refuse to accept any order from you. ), we may stop accepting orders and charge you for any outstanding amounts until you no longer owe us any money.
- We may also, at our reasonable discretion, stop accepting suspend or discontinue accepting orders at any time in our reasonable discretion.
- You must pay all invoices within fifteen (15) days of the date of the statement.
- We shall be entitled to charge you interest at the rate of 2% (two per cent) per month above the RIB rate on any unpaid amount from the due date of payment until the date on which the amount is the amount is cleared or received by us, whichever is the earlier.
- You acknowledge that interest on late payments is an authoritative estimate of our loss caused by your delay in payment. In addition, you shall also be liable for all collection costs incurred by us in connection with the collection of any overdue payment and for any additional costs incurred by us for this purpose.
Confidential Information
- You and we (and our respective officers, employees, agents and advisers) (the “Receiving Party”) have disclosed to each other the Confidential Information of the other Party (the “Party”) and the Confidential Information of any Affiliate of the Disclosing Party.
- For the purposes of this clause, Confidential Information means all information relating to the business or affairs of the Disclosing Party (or any Affiliate or Business Contact) relating to any information, data or material. For clarification:
- Confidential Information includes:
- the personal data of customers,
- any data stored on the Platform or in any information technology systems owned or controlled by systems owned or operated by AnyFeast that relate to the Platform,
- the terms of this Agreement;
- The restrictions do not apply to:
- any disclosure by us to any of our Affiliates,
- any use or disclosure authorised by the Disclosing Party or by law;
- any information already in or coming into the public domain which has not been obtained information that has not been disclosed through the unauthorised disclosure by the receiving party, or
- any Confidential Information required to be disclosed under any law or court order, provided that the Receiving Party shall notify the Disclosing Party prior to the party in writing of the reasons for and nature of the disclosure and gives the Disclosing Party a reasonable opportunity to consider it.
- This clause shall remain in full force and effect for a period of 5 (five) years after the termination of this Agreement.
Intellectual Property
- You may not use our Intellectual Property Rights in any context for which we have not expressly authorised you.
- You are use our branded items that we or our suppliers have provided to you, but you may only use them in accordance with our instructions.
- You may not use our intellectual property rights in connection with any business not registered or active on the Platform.
- If a third party claims or if we have any other reason to believe that Your use of any information or design on the Platform, including but not limited to logos, names, brand names, trademarks or other information or designs, infringes any rights of us or any third rights of us or any third party, this could result in us suspending the Services and/or you from the Platform.
- You must not do or say anything derogatory during the Term which may bring our brand, our business or our brand or which may damage our reputation.
- You must stop using our intellectual property rights at our request as soon as this Agreement ends or as soon as the cease as soon as this Agreement terminates or the Services are suspended. This includes removing all references to our Intellectual Property Rights in the Business, and all online and print advertising linking your business to our platform and our intellectual property rights.
- By entering into this Agreement with us, You grant us a royalty-free licence to use your name, logos and any other intellectual property (including the intellectual property in any photographs you send to us in connection with your business or goods).
- You also grant us the right to sub-license your name, logo and any other intellectual property to third parties for the purpose of obligations under this Agreement
Liability
- In the following circumstances, one party shall be liable to the other in accordance with applicable law: (i) liability under these Terms and Conditions (ii) in case of injury to life, body or health; (iii) in case of wilful misconduct or gross negligence of either party or its employees, agents or contractors; (iv) fraudulent misrepresentation; or contractors; (iv) in the case of fraudulent misrepresentation; (v) in the case of the assumption of an explicit (vi) in all other cases of statutory liability which (in each case) are not limited by law. (in each case) cannot be limited or excluded by law.
- In the case of ordinary negligence, we will only be liable to you for breach of so-called cardinal obligations. Cardinal obligations.
- Cardinal obligations are those obligations that enable the proper performance of an agreement the proper performance of an agreement such as this Agreement and on the observance of which the other party other contracting party relies or may rely on. In this case, our liability to you shall be limited to the typical, foreseeable damage. Where our liability is limited or excluded, this also applies to the personal liability of our legal representatives, employees and agents.
- Subject to clauses above, our liability to you irrespective of the legal basis, in particular for defects, deficiencies in title and/or the breach of other obligations arising from this agreement or from a pre-contractual obligation or from unlawful acts – is excluded. This exclusion shall This exclusion also applies to the personal liability of our legal representatives, employees and agents.
- You shall fully indemnify us against all costs (including chargebacks), losses, damages or claims (and all costs (including legal fees), penalties, interest legal costs), penalties, interest, expenses and other liabilities incurred by us in connection with any breach by you of this Agreement.
- In addition, you will fully indemnify us and our Affiliates for any loss, damage or claim (and all related costs, expenses and claims (and all related costs, including legal fees), penalties, interest, expenses and other liabilities expenses and other liabilities arising out of any third party claim against us or any of our Affiliates arising out of or in connection with our relationship with you as a relationship with you (whether or not the obligations of either party under this Agreement have been performed).
- You will also indemnify us and our Affiliates and our Affiliates for any loss, damage or claim in the event that any third party alleges that we or our Affiliates have infringed the intellectual property rights of a third party, (i) using or exploiting any domain name, trade name, brand, trademark, logo or other intellectual property, or (ii) by assisting or permitting you to use any such (ii) assisting or permitting you to use or be the registered owner of any such infringing rights. be the registered owner thereof.
- You shall, at your own expense, take out any insurance policies required by law and/or expected to be industry practice to maintain insurance policies in appropriate amounts. You must, at our request, provide evidence that you have the necessary insurance policies. insurance policies in place
Access to data and protection of personal data
- As the operator of the Platform and in the provision of services to businesses (including the Services provided to you), we and certain of our Affiliates collect and use the data Companies collect and have access to the data generated in the process. We and our Affiliates use this data in many ways and for a variety of reasons. These include analytics, operational purposes, data matching (sometimes through a third party service provider), and the use of aggregated data in communications. and the use of aggregated data in communications to shareholders and in some public materials (for example, on our website or in our annual report). In addition and some of our affiliates collect data in connection with purchase orders and personal data from customers and have access to this data.
- Through the business Portal, you will have access to certain data relating to your business and your orders. Business and your orders (and other business partners have access to this data in connection with their own in connection with their own orders). However, you will not have access to any other data, and we will not share any data relating to your business, your orders or any other data to other business partners.
- You and we will be separate data controllers of the personal data processed in connection with this Agreement. Processed in connection with this Agreement, each for its own purposes and with its own means and with its own means and/or on its own behalf. This means that you and we will are independently responsible for the processing of the personal data. However, the parties may – within the framework of this agreement limit the purposes and means for which the personal data may be used.
- You acknowledge that you are aware of AnyFeast’s privacy policy for customers, and will act in accordance with that statement and the Data Protection Laws. You can find the current version of the privacy policy on the Platform.
- You will not disclose any personal data about customers to any third party and will not engage in any communication with customers, except for the purpose of preparing and delivering the order.
- You will promptly (and without unreasonable delay) notify us in writing of any personal data breach of which you become aware and which relates to the personal data of personal data of customers and keep us informed of any such personal data breach.
- Nothing in this Agreement or the arrangements contemplated hereby shall imply that either Party shall be deemed to be (i) a processor of the other Party; or (ii) a joint controller with the other Party with respect to the personal data shared by one Party with the other.
Restriction, Suspension And Termination.
- If:
- we (reasonably) believe that you are not complying with your obligations under this Agreement; and/or
- any of the events applies to you or occurs; and/or
- we have the express right as set out in the remainder of this Agreement and validly exercise that right, we may at any time by written notice restrict, suspend or partially terminate the provision of the Services under this Agreement, including by suspending your profile on the Platform.
- If you are the operator of more than one business, we shall have the right, in our sole discretion, to rely on this clause in respect of only one business or all business.
- If we restrict, suspend or partially terminate the provision of Services to you as set out above, we will provide you with a clear explanation of our reasons (including the reasons we are relying on) by email on or before the date on which the restriction, suspension or termination becomes effective.
- Either you or we may terminate this Agreement in writing at any time without prejudice to any other available rights or remedies if:
- the other Party has committed a material breach of any of its obligations under this Agreement and such breach is not capable of remedy, or the breach, if capable of remedy, has not been remedied to the satisfaction of the non-breaching Party within 14 (fourteen) days of notice of the breach by the non-breaching Party,
- the other Party becomes insolvent, insolvency proceedings are commenced against its assets or someone commences similar or analogous proceedings relating to solvency,
- a Force Majeure Event renders the provision of the Services impracticable or commercially unreasonable, or
- you or we are required to do so by law or regulation.
- You may also terminate this Agreement without notice, but you must give us at least thirty (30) days’ written notice before the termination takes effect.
- If this Agreement is terminated by us, we will give you prior notice and a clear explanation of our reasons (including the reasons we are relying on) by email at least 30 (thirty) days before the termination takes effect. This will not apply if we terminate this Agreement.
- In such a case, we will give you as much advance notice as is possible in the circumstances and provide you with the clear explanation of our reasons without unreasonable delay (unless we are prohibited from doing so by law or we have terminated this Agreement because of the repeated breach of your obligations, in which case we may provide you with such an explanation). At your request, the facts or circumstances that led to the termination may be clarified using our complaint handling system. We will then discuss these with you. If, following this discussion, we determine that the termination is not appropriate, we will either ensure that the termination does not take place or, if it has already taken place, reinstate this Agreement without unreasonable delay.
- Immediately upon termination of this Agreement for any reason, we will remove your business Profile from the Platform.
Acceptable Use
- You may use our Service only for lawful purposes. You may not use our Site, App and our Platform in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site, App and our Platform or any network or equipment used in the provision of our Service.
Features
- We may from time to time provide certain features which allow you to interact through our Site, App and our Platform. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Events Outside Our Control
- No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, death, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing shall excuse the Customer from any payment obligations under this Agreement.
Waiver
- Neither you, AnyFeast nor the Merchant/ Retailer shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, death, flood, explosion or civil commotion.
Severability
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
Entire Agreement
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
Our Right To Vary These Terms And Conditions
AnyFeast may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Law and Jurisdiction
- These terms and conditions and the relationship between you and AnyFeast shall be governed by and construed in accordance with the Law of India and AnyFeast and you agree to submit to the exclusive jurisdiction of the Courts of Bangalore.
Terms and Conditions
This agreement applies as between you, a Vendor on the AnyFeast website and our IOS and Android application (collectively “Platform”) currently provided or which will be provided by Kale Technology Services Pvt Ltd of Gorai 2 Borivali West, Mumbai, Maharashtra 400092, India trading as “AnyFeast” (hereinafter “AnyFeast” or “we”). Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of our services. If you do not agree to be bound by these terms and conditions, you should not use our platform.
Intermediary Role
- We will provide you with the services that result in legally binding contracts are concluded for the sale of goods to customers. We act as an intermediary on your behalf in entering into these contracts. We are not a party to the contract.
- You acknowledge and agree that AnyFeast may also use other Business or professional suppliers who may be your direct competitors and that we act on their behalf.
Our obligations
- We will provide you with:
- an order processing service that enables customers to place orders through the Platform
- to place orders with your Business,
- the Payment Services, for all orders placed through the Platform,
- the Delivery Services, where we have agreed to procure the Delivery Services,and
- such other services as may be agreed in due course,
- We will charge you for the fees specified in the registration form or otherwise.
Marketing
- In order to promote your Business, you agree that we may use your name, logo, Business information and other intellectual property. logo, Business information and other intellectual property for marketing activities during and after the and after the term of the Agreement. In particular, we may:
- promote your Business on the Platform by using your brand name relating to your Business; and
- and displaying your brand name or menu,to include your Business in advertising campaigns including platforms of Affiliated Companies (third parties), and in these activities use your approved logo and Business information in these activities
Differentiated Treatment
- We may charge different fees to different Businesss, depending on different factors, and may have differentand apply different fee structures. This is done in the course of running a commercial business with a number of Business Partners.
Registration On The Platform
- You may register on the Platform by submitting a completed registration form to us, including all specified documents and KYC information (as applicable). Requirement for an agreement for the provision of the Services is that AnyFeast has received and receipt and approval of the KYC Information and the Business Registration has been received (as applicable).
- We may, at our sole discretion, refuse any application for Business registration.
- You may only register a maximum of one (1) Business per address on the Platform. It does not matter whether there are physically separate operation on the premises.
- By registering on the Platform, you warrant that you are neither insolvent nor undergoing insolvency or restructuring proceedings, that no suspension of payments has been granted and that you are not being and that you are not under investigation or prosecution by any public authority.
- Upon acceptance and complete processing of a registration, we will provide you with a username and password to access the Platform.
Your Obligations
- You must provide us with the Business Information requested by us and you must ensure that the Business Information is accurate and up to date at all times. up to date at all times.
- The Business Information you provide will be reproduced and made available to customers on the Platform.
- We reserve the right to correct obvious spelling or formatting errors in the Business Information provided. You remain, however, fully responsible for the accuracy of such Business Information for the accuracy of such Business Information and for ensuring that it is kept up to date at all times.
- You are entitled, where appropriate and possible, to make changes to certain parts of the Business Information on the Platform yourself. In cases where it is not possible or not permitted to make such changes yourself, you must notify us of the changes to the Business Information at least Business Information at least fourteen (14) days before they are scheduled to take effect, so that we can process the amended Business Information displayed on the Platform.
- You will not be permitted to insert links to third party websites or advertisements on the Platform, and You will not engage in similar services using the Marks without our express consent.
- In accordance with applicable laws and standards, You must promptly provide Us with accurate and complete details of all allergens in your food. We may require you to additional information, if applicable, including the list of ingredients for each menu item, menu items. We will include the allergen information you provide on the Platform. You are responsible for ensuring that all allergen information provided by you is fully accurate, complete and up to date in respect of the food being prepared at that time.
- We do not carry out any checks or accept any liability for checking allergen information on your behalf.
- If a food inspection authority or any other regulatory body finds a breach by you violation by you or your employees under applicable food laws or other laws or regulations, you must notify us immediately.
- If a customer complains to us about an order or your delivery you must notify us immediately and you must respond to the customer as soon as possible and act reasonably and co-operate with that customer and us to reach a prompt resolution.
- In connection with the fulfilment of any order, you must not use any marketing materials with logos/branding of our competitors.
- If we have incurred any costs as a result of a complaint about your goods, services or conduct (including where you have refused an order), you will be liable to pay any costs incurred by us.
- During the Term, you are prohibited from:
- conduct your business in a manner that is detrimental to our business, goodwill or reputation; or harm our business, goodwill or reputation,
- participate in any act or omission which is detrimental to our business, goodwill or reputation; or our reputation, or
- do or say anything derogatory which may bring us into disrepute or damage our reputation,
- behave in an offensive or disrespectful manner towards customers, our employees or suppliers.
- If you breach this clause, we may restrict the Services, suspend or terminate any part of the Services or terminate this Agreement.
- Goods ordered by customers will be prepared by you on the premises and with all reasonable care and skill to ensure, that the Goods:
- are safe to eat,
- are of the standard expected
- are hygienically prepared, packaged, transported (where applicable) and stored,
- are correctly labelled; and
- prepared in accordance with any additional reasonable instructions provided by the customer; and
- have been prepared in accordance with any additional reasonable instructions provided by the customer,
- have been prepared with the correct ingredients as communicated to the Customer.
- You acknowledge and declare that once a Customer has placed an order through the Platform, a contract for the supply of the Platform, a contract for the supply of Goods has been formed between you and the Customer, and that you have not and that you must fulfil any order placed by a Customer in accordance with the Order Details. If you do not fulfil an order received within a reasonable time-frame, we may take such action as we deem appropriate (including a refund to the customer on your behalf and at your expense) to mitigate a negative customer experience.
- You will use your best endeavours to accept and factually accept and facilitate by email or telephone during your business hours. If you are unable to fulfil an order you must notify us as soon as possible so that we can inform the customer accordingly.
- If you are unable to provide one or more menu items included in an order menu items included in an order, you shall notify the customer within ten (10) minutes of receipt of the order and offer the customer a reasonable alternative.
- If your obligations are not complied with we shall have the right to we have the right to suspend the provision of the Services.
- If the Order contains alcohol or other age restricted products, you acknowledge, that you are solely responsible for ensuring that the Customer is of the appropriate legal age for the purchase of age restricted goods. You are require the customer to identify themselves at the time of delivery or collection in accordance with applicable law.
- If the customer is not able to provide appropriate identification or does not meet the age requirements, you must refuse to deliver the relevant products to the customer.
- You may cancel an Order in the following circumstances:
- the customer has placed the order with incorrect contact or address details,
- your goods are no longer available and the customer does not accept any alternative or alternative offered by you, or
- a Force Majeure Event affects your business. If an order is cancelled, you will notify us within two (2) days. Cancellations will not be considered after this period.
- We reserve the right to introduce a tipping feature on the Platform which will give Customers the ability to tip Delivery Agents via the online payment methods available on the Platform. If the delivery person is working for you,we will pass the tip on to you.
- You are obliged to pay any tips you receive from us to the from us to the relevant delivery person and to indemnify us against all claims by delivery persons and customers arising out of or in connection with the delivery of goods.
- Where applicable, you shall be solely responsible for any (payroll) tax consequences in connection with the payment of the gratuity to the delivery person.
- Upon request, you must provide the customer with a receipt (and, if applicable, a tax invoice) in respect of an order.
- You must comply with your obligations under this Agreement and ensure that your employees, agents and contractors also comply with them.
- You must comply with any reasonable instructions we give you in relation to the performance of your obligations under this Agreement. We will give you in relation to the performance of your obligations under this Agreement.
Payments By Customers
- When we receive payments from Customers for Card Orders, we will invoice the payment received (the gross order value) less any applicable fees charged by us (in respect of each order) will be order) will be held on your behalf until it is payable to you in accordance with our payment terms.
- No cash payments can be accepted when we are procuring delivery services.
- We will make available to you each week a summary statement of which will include the following
- the cumulative gross order value of all Orders, broken down into Orders and the fees we charge you. These may include amounts related to the delivery services or other services provided to you, or any other services provided to you or other amounts notified to you by us in a timely manner and charged to you invoiced to you in accordance with the Agreement; and
- any balances carried forward and any amounts which have been paid or received by us since the date of the previous statement.
- All amounts owed by you to us (including late payment interest and costs) will be set off against any amounts owed to you at any time.
- We may also deduct certain amounts, costs and expenses from any amounts we hold in custody on your behalf, such as
- all Chargebacks (and related costs and expenses),
- all other costs and expenses other costs and expenses incurred or reasonably expected to be incurred by us as a result of your breach of this Agreement by you or any apparent fraudulent activity in connection with your business. fraudulent activity in connection with your business, and/or
- any amounts that we are required to withhold are required or expected to be withheld pursuant to an order of any competent authority.
- If we make any withholdings, we will only do so for as long as is appropriate and we will (if applicable) make an appropriate credit to your account.
- If the cumulative gross order value is less than the amount you owe us in the same period (including all amounts due to us in respect of the same period), we will withhold the amount to the extent of the loss or liability. (including any amounts relating to commission fees for orders), we may refuse to accept any order from you. ), we may stop accepting orders and charge you for any outstanding amounts until you no longer owe us any money.
- We may also, at our reasonable discretion, stop accepting suspend or discontinue accepting orders at any time in our reasonable discretion.
- You must pay all invoices within fifteen (15) days of the date of the statement.
- We shall be entitled to charge you interest at the rate of 2% (two per cent) per month above the RIB rate on any unpaid amount from the due date of payment until the date on which the amount is the amount is cleared or received by us, whichever is the earlier.
- You acknowledge that interest on late payments is an authoritative estimate of our loss caused by your delay in payment. In addition, you shall also be liable for all collection costs incurred by us in connection with the collection of any overdue payment and for any additional costs incurred by us for this purpose.
Confidential Information
- You and we (and our respective officers, employees, agents and advisers) (the “Receiving Party”) have disclosed to each other the Confidential Information of the other Party (the “Party”) and the Confidential Information of any Affiliate of the Disclosing Party.
- For the purposes of this clause, Confidential Information means all information relating to the business or affairs of the Disclosing Party (or any Affiliate or Business Contact) relating to any information, data or material. For clarification:
- Confidential Information includes:
- the personal data of customers,
- any data stored on the Platform or in any information technology systems owned or controlled by systems owned or operated by AnyFeast that relate to the Platform,
- the terms of this Agreement;
- The restrictions do not apply to:
- any disclosure by us to any of our Affiliates,
- any use or disclosure authorised by the Disclosing Party or by law;
- any information already in or coming into the public domain which has not been obtained information that has not been disclosed through the unauthorised disclosure by the receiving party, or
- any Confidential Information required to be disclosed under any law or court order, provided that the Receiving Party shall notify the Disclosing Party prior to the party in writing of the reasons for and nature of the disclosure and gives the Disclosing Party a reasonable opportunity to consider it.
- This clause shall remain in full force and effect for a period of 5 (five) years after the termination of this Agreement.
Intellectual Property
- You may not use our Intellectual Property Rights in any context for which we have not expressly authorised you.
- You are use our branded items that we or our suppliers have provided to you, but you may only use them in accordance with our instructions.
- You may not use our intellectual property rights in connection with any business not registered or active on the Platform.
- If a third party claims or if we have any other reason to believe that Your use of any information or design on the Platform, including but not limited to logos, names, brand names, trademarks or other information or designs, infringes any rights of us or any third rights of us or any third party, this could result in us suspending the Services and/or you from the Platform.
- You must not do or say anything derogatory during the Term which may bring our brand, our business or our brand or which may damage our reputation.
- You must stop using our intellectual property rights at our request as soon as this Agreement ends or as soon as the cease as soon as this Agreement terminates or the Services are suspended. This includes removing all references to our Intellectual Property Rights in the Business, and all online and print advertising linking your business to our platform and our intellectual property rights.
- By entering into this Agreement with us, You grant us a royalty-free licence to use your name, logos and any other intellectual property (including the intellectual property in any photographs you send to us in connection with your business or goods).
- You also grant us the right to sub-license your name, logo and any other intellectual property to third parties for the purpose of obligations under this Agreement
Liability
- In the following circumstances, one party shall be liable to the other in accordance with applicable law: (i) liability under these Terms and Conditions (ii) in case of injury to life, body or health; (iii) in case of wilful misconduct or gross negligence of either party or its employees, agents or contractors; (iv) fraudulent misrepresentation; or contractors; (iv) in the case of fraudulent misrepresentation; (v) in the case of the assumption of an explicit (vi) in all other cases of statutory liability which (in each case) are not limited by law. (in each case) cannot be limited or excluded by law.
- In the case of ordinary negligence, we will only be liable to you for breach of so-called cardinal obligations. Cardinal obligations.
- Cardinal obligations are those obligations that enable the proper performance of an agreement the proper performance of an agreement such as this Agreement and on the observance of which the other party other contracting party relies or may rely on. In this case, our liability to you shall be limited to the typical, foreseeable damage. Where our liability is limited or excluded, this also applies to the personal liability of our legal representatives, employees and agents.
- Subject to clauses above, our liability to you irrespective of the legal basis, in particular for defects, deficiencies in title and/or the breach of other obligations arising from this agreement or from a pre-contractual obligation or from unlawful acts – is excluded. This exclusion shall This exclusion also applies to the personal liability of our legal representatives, employees and agents.
- You shall fully indemnify us against all costs (including chargebacks), losses, damages or claims (and all costs (including legal fees), penalties, interest legal costs), penalties, interest, expenses and other liabilities incurred by us in connection with any breach by you of this Agreement.
- In addition, you will fully indemnify us and our Affiliates for any loss, damage or claim (and all related costs, expenses and claims (and all related costs, including legal fees), penalties, interest, expenses and other liabilities expenses and other liabilities arising out of any third party claim against us or any of our Affiliates arising out of or in connection with our relationship with you as a relationship with you (whether or not the obligations of either party under this Agreement have been performed).
- You will also indemnify us and our Affiliates and our Affiliates for any loss, damage or claim in the event that any third party alleges that we or our Affiliates have infringed the intellectual property rights of a third party, (i) using or exploiting any domain name, trade name, brand, trademark, logo or other intellectual property, or (ii) by assisting or permitting you to use any such (ii) assisting or permitting you to use or be the registered owner of any such infringing rights. be the registered owner thereof.
- You shall, at your own expense, take out any insurance policies required by law and/or expected to be industry practice to maintain insurance policies in appropriate amounts. You must, at our request, provide evidence that you have the necessary insurance policies. insurance policies in place
Access to data and protection of personal data
- As the operator of the Platform and in the provision of services to businesses (including the Services provided to you), we and certain of our Affiliates collect and use the data Companies collect and have access to the data generated in the process. We and our Affiliates use this data in many ways and for a variety of reasons. These include analytics, operational purposes, data matching (sometimes through a third party service provider), and the use of aggregated data in communications. and the use of aggregated data in communications to shareholders and in some public materials (for example, on our website or in our annual report). In addition and some of our affiliates collect data in connection with purchase orders and personal data from customers and have access to this data.
- Through the business Portal, you will have access to certain data relating to your business and your orders. Business and your orders (and other business partners have access to this data in connection with their own in connection with their own orders). However, you will not have access to any other data, and we will not share any data relating to your business, your orders or any other data to other business partners.
- You and we will be separate data controllers of the personal data processed in connection with this Agreement. Processed in connection with this Agreement, each for its own purposes and with its own means and with its own means and/or on its own behalf. This means that you and we will are independently responsible for the processing of the personal data. However, the parties may – within the framework of this agreement limit the purposes and means for which the personal data may be used.
- You acknowledge that you are aware of AnyFeast’s privacy policy for customers, and will act in accordance with that statement and the Data Protection Laws. You can find the current version of the privacy policy on the Platform.
- You will not disclose any personal data about customers to any third party and will not engage in any communication with customers, except for the purpose of preparing and delivering the order.
- You will promptly (and without unreasonable delay) notify us in writing of any personal data breach of which you become aware and which relates to the personal data of personal data of customers and keep us informed of any such personal data breach.
- Nothing in this Agreement or the arrangements contemplated hereby shall imply that either Party shall be deemed to be (i) a processor of the other Party; or (ii) a joint controller with the other Party with respect to the personal data shared by one Party with the other.
Restriction, Suspension And Termination.
- If:
- we (reasonably) believe that you are not complying with your obligations under this Agreement; and/or
- any of the events applies to you or occurs; and/or
- we have the express right as set out in the remainder of this Agreement and validly exercise that right, we may at any time by written notice restrict, suspend or partially terminate the provision of the Services under this Agreement, including by suspending your profile on the Platform.
- If you are the operator of more than one business, we shall have the right, in our sole discretion, to rely on this clause in respect of only one business or all business.
- If we restrict, suspend or partially terminate the provision of Services to you as set out above, we will provide you with a clear explanation of our reasons (including the reasons we are relying on) by email on or before the date on which the restriction, suspension or termination becomes effective.
- Either you or we may terminate this Agreement in writing at any time without prejudice to any other available rights or remedies if:
- the other Party has committed a material breach of any of its obligations under this Agreement and such breach is not capable of remedy, or the breach, if capable of remedy, has not been remedied to the satisfaction of the non-breaching Party within 14 (fourteen) days of notice of the breach by the non-breaching Party,
- the other Party becomes insolvent, insolvency proceedings are commenced against its assets or someone commences similar or analogous proceedings relating to solvency,
- a Force Majeure Event renders the provision of the Services impracticable or commercially unreasonable, or
- you or we are required to do so by law or regulation.
- You may also terminate this Agreement without notice, but you must give us at least thirty (30) days’ written notice before the termination takes effect.
- If this Agreement is terminated by us, we will give you prior notice and a clear explanation of our reasons (including the reasons we are relying on) by email at least 30 (thirty) days before the termination takes effect. This will not apply if we terminate this Agreement.
- In such a case, we will give you as much advance notice as is possible in the circumstances and provide you with the clear explanation of our reasons without unreasonable delay (unless we are prohibited from doing so by law or we have terminated this Agreement because of the repeated breach of your obligations, in which case we may provide you with such an explanation). At your request, the facts or circumstances that led to the termination may be clarified using our complaint handling system. We will then discuss these with you. If, following this discussion, we determine that the termination is not appropriate, we will either ensure that the termination does not take place or, if it has already taken place, reinstate this Agreement without unreasonable delay.
- Immediately upon termination of this Agreement for any reason, we will remove your business Profile from the Platform.
Acceptable Use
- You may use our Service only for lawful purposes. You may not use our Site, App and our Platform in any way that breaches any applicable local, national or international law or regulation or to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards below. You also agree not to access without authority, interfere with, damage or disrupt any part of our Site, App and our Platform or any network or equipment used in the provision of our Service.
Features
- We may from time to time provide certain features which allow you to interact through our Site, App and our Platform. Generally, we do not moderate any interactive service we provide although we may remove content in contravention of these Terms of Use as set out. If we do decide to moderate an interactive service, we will make this clear before you use the service and normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Events Outside Our Control
- No party shall be liable to the other for any delay or non-performance of its obligations under this Agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, death, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing shall excuse the Customer from any payment obligations under this Agreement.
Waiver
- Neither you, AnyFeast nor the Merchant/ Retailer shall be responsible to the others for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: act of God, governmental act, war, fire, death, flood, explosion or civil commotion.
Severability
If any provision of this agreement is judged to be illegal or unenforceable, the continuation in full force and effect of the remainder of the provisions shall not be prejudiced.
Entire Agreement
These terms contain the whole agreement between the parties relating to its subject matter and supersede all prior agreements, arrangements and understandings between the parties relating to that subject matter.
Our Right To Vary These Terms And Conditions
AnyFeast may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.
No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Law and Jurisdiction
- These terms and conditions and the relationship between you and AnyFeast shall be governed by and construed in accordance with the Law of India and AnyFeast and you agree to submit to the exclusive jurisdiction of the Courts of Bangalore.
Terms and Conditions
Acceptance of Terms and Registration of Account
- These Terms set forth a legally binding contract between You and Famchef. By using our platform and services, you agree to be bound by these Terms.
- To accept these Terms, you must be at least 18 (eighteen) years of age. In the event that You are below 18 (eighteen) years of age or such other older legal age, your guardian must read and understand and accept the provisions on Your behalf.
- You also agree to provide true, accurate and complete information about yourself and update them upon any change.
- We reserve the right to suspend or terminate your account and refuse any and all current or future use of the service and our platforms (or any portion thereof) at any time.
- You may access the platforms as available for your personal use only.
- You will be required to provide a valid phone number and/or email ID while registering for our services. By providing your phone number or email ID to Famchef, you consent to be contacted by Famchef via phone calls, SMS notifications, and/or e-mails, in case of any subscription/service updates.
Services
- The company offers you a platform which ensures to the best extent possible, to provide food recommendations, grocery recommendations and Marketplace ordering.
- You agree that the company offers various other additional services through its platform, which you may avail at your own risk. The company shall not be liable for any services that you chose to avail on/from the platform. Specific policies may govern these additional services.
- Any services provided by the company may be subject to change at the discretion of the company, and the company does not require your permission for the same. While we want to ensure the best user experience, We do not represent or warrant that the services or our platform will be error-free or uninterrupted.
- The company does not control the information provided by third parties. Your reliance on the same shall be at your own risk. Furthermore, the information provided by the company on the platform is on as “AS IS” basis and any reliance on the same shall be at your sole risk. You understand the company is merely a technology platform and that the company shall not be responsible for the correctness or completeness of the information provided by you or any third party on the Company’s Platform. You acknowledge and agree that the company is an intermediary and the use and/or publication of any information provided by the users shall be at the user’s sole risk except so far as granted under these Terms.
For Marketplace ordering:
- The Marketplace is a platform for consumers to transact with third party sellers/ merchants/ retailers, who have been granted access to the Marketplace to display their store details, products and offers either for sale through the marketplace or only to display to customers to purchase physically from their store. The Company does not provide any services to users other than providing the Marketplace as a platform to transact at their own cost and risk, and other services as may be specifically be notified in writing.
- The Company is not and cannot be a party to any transaction between you and the third party sellers, or have any control, involvement or influence over the products purchased by you from such third party sellers or the prices of such products charged by such third-party sellers. The Company therefore disclaims all warranties and liabilities associated with any products offered on the Marketplace.
- Services on the Marketplace are available to only select geographies in India, and are subject to restrictions based on business hours and days of third party sellers.
- Transactions through the Marketplace may be subject to a delivery charge or any other charges that would be communicated to you during checkout.
Termination or Suspension of Account
- You agree that the company may at any time and for any reason, including but not limited to breach of the Terms or the Privacy Policy, terminate or restrict or suspend your access to the platform, with or without prior notice, and without liability. If there is a suspicion of untoward or illegal activity, the company may suspend your account immediately.
Terms and Termination
- These Terms of Use shall remain in full force and effect for so long as you use the services offered by the platform. You may ask to delete Your account at any time, for any reason. The company, however, does not offer any refunds.
- The company reserves the right to terminate the services or the platform without prior notice. Your account or your access to the platform may be terminated immediately, with or without notice to You, and without liability to you, if the company believes that you have breached any of these Terms, the Privacy Policy, or any false or misleading information, or interfered with the use of the platform by others.
- The company reserves the right to cancel delete or deactivate your Account, if it believes the same has been compromised, or is being used fraudulently, at its own discretion.
Indemnity
You agree to defend, indemnify and hold harmless the company, and its subcontractors, officers, directors, employees, consultants, representatives and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to attorneys’ fees and costs) arising directly from
- Your use of and access to the platform;
Your violation of any Terms and the Privacy Policy contained herein; - Your violation of any third party right, including without limitation any copyright, property, or privacy right.
- Provided, however, the same is not on account of fraud, misrepresentation or negligence of the company or its employees.
Eligibility
- Our services would be available to only select geographies. Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the Site.
Online Ordering and Financial Terms
- The company allows you to place orders from a various retailers/ partners, subject to the terms and conditions set out herein.
- Famchef does not handle any deliveries. All deliveries unless specified otherwise will be handled by the retailer.
- Famchef does not own, sell, resell on its own and/or do not control the Merchants/ Retailer or the related services provided in connection thereof. You understand that any order that you place shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability and delivery location serviceability.
- All orders placed on Famchef are treated as confirmed.
- However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
- We may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that Famchef reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
- All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit card or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Famchef is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Famchef is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
- You acknowledge and agree that we act as the Merchant’s payment agent for the limited purpose of accepting payments from you on behalf of the Merchant. Upon your payment of amounts to us, which are due to the Merchant, your payment obligation to the Merchant for such amounts is completed, and we are responsible for remitting such amounts, to the Merchant. You shall not, unless for Cash on delivery orders, make any payment directly to the Merchant for Order bookings made using the Platform.
- You agree to pay us for the total amount for the order placed by you on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable listing for the particular Merchant. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
- In connection with your order, you will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. You agree to pay us for the order placed by you on the Platform, in accordance with these Terms. You hereby authorize the collection of such amounts by charging the credit card or debit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform. If you are directed to our third-party payment processor, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once your confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
- The final tax bill will be issued by the Merchant to the Buyer along with the order and Famchef is merely collecting the payment on behalf of such Merchant. 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. Famchef 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.
- The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant’s product pricing changing and such change of price are at the sole discretion of the Merchant attributing to various factors beyond the control of Famchef.
- The Merchant shall be solely responsible for any warrantee/guarantee of the products sold to the customers and in no event shall be the responsibility of Famchef.
- The transaction is bilateral between the Merchant and Buyer and therefore, Famchef is not liable to charge or deposit any taxes applicable on such transaction.
- Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant or Famchef may cancel such your order(s).
Cancellation and Refunds
- Once you place an order on the platform, irrespective of if the payment is made or not, the order cannot be modified, replaced or refunded.
- Famchef is not liable to refund, replace, cancel any purchases and is soly upto the merchant/ retailers discretion if they would accept any refunds for the products.
Additional Terms
- We reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently the service or any of the platform (or any portion thereof) with or without notice. You agree that we will not be liable to you or any third party for any such modification, editing, deletion, suspension or discontinuance of the platform. This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the company without restriction. This agreement together with any other policies/legal notices published by the company anywhere, shall constitute the entire agreement between you and the Company concerning the platform, the company’s services, and governs your use of the platform, superseding any prior agreements between you and the company with respect to the platform. The failure of the company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavour to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of this agreement remain in full force and effect. The laws of India govern these Terms. Any matters arising under these terms shall be subject to the exclusive jurisdiction of courts located in Bangalore.