Terms & Conditions

 

TERMS AND CONDITIONS FOR USE OF  APP

 

Last Updated on 13th October 2022

 

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000.

 

Terms of Use

 

  1. These terms of use (the "Terms of Use") govern your use of our "" application for mobile and handheld devices (the "Platform"). Please read these Terms of Use carefully before you use the services on the Platform. If you do not agree to these Terms of Use or the  Polices referenced herein, you may not use the services on the Platform, and we request you to uninstall the Platform. By installing, downloading or even merely using the Platform, you shall be contracting with  and you signify your acceptance to this Terms of Use and other  Policies (including but not limited to the Privacy Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.
  1. The Platform is owned and operated by Swerve Foods Private Limited, a private limited company incorporated under the Companies Act, 2013 and having its registered office at Tropical Lagoon, Thane W For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person being capable of entering into a contract and who shall do transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "", "we", "us" or "our" shall mean Swerve Foods Private Limited.
  1.  enables transactions on its Platform between participating restaurants ("Restaurant") listed on the Platform and customers ("Customer(s)"), dealing in prepared food and beverages ("Platform Services"). The Customers can choose and place orders ("Orders") from a variety of food items listed and offered for sale by various Restaurants, on the Platform. 
  1.  enables pick-up and delivery of such Orders at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services initiated by the users of the Platform (Customers or Restaurants). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services,  is merely acting as an intermediary between the Restaurants and Customers and/or PDPs and Customers/Restaurants.

 

PDPs are entrepreneurs engaged with  on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors and are free to determine their timings of work.   does not exercise control on the PDPs and the relationship between the PDPs and  is not that of an agent and principal or employee and employer. 

 

  1. For the Delivery Services, PDPs may charge the users of the Platform (Customers or Restaurants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for Delivery Services, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time. Such service fee will be reflected in the invoice.
  1. Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other  Policies at any time by posting modified documents on the Platform and notifying you of the same. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other  Policies and note the changes made on the Platform. If you do not agree to the amendments to these Terms of Use or the  Polices referenced herein, you may not use the services on the Platform, and we request you to uninstall the Platform. Your continued usage of the Services or the Platform after any change is posted constitutes your acceptance of the amended Terms of Use and other  policies. As long as you comply with these Terms of Use,  grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and  Policies as may be posted on the Platform from time to time.

  1. Use of Platform and Services
  1. All commercial/contractual terms are offered by and agreed to between Customers and Restaurants alone with respect to Services being offered by the Restaurants. The commercial/contractual terms include without limitation price, applicable taxes, delivery fees, payment terms, date, period and mode of delivery.  does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Customers and Restaurants.  may, however, offer support services to Restaurants in respect to Order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by  with the Restaurants. The price of the Services offered by the Restaurant are determined by the Restaurant itself and  has no role to play in such determination of price in any way whatsoever.
  2. Upon acceptance of any Order by the PDPs, the Delivery Services undertaken, shall constitute a separate contract for services between Restaurants/Customers and PDPs.  shall not be responsible for the services provided by PDP to Restaurants/Customers through the Platform.  may, however, offer support services to PDPs in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by  with the PDPs.
  3.  does not make any representation or warranty as to the food or beverage items published on the Platform by any of the Restaurants. You are advised to independently verify the bona fides of any particular Restaurant that you choose to deal with on the Platform and use your best judgment on that behalf. All Restaurant offers and third-party offers are subject to respective party terms and conditions.  takes no responsibility for such offers.
  4.  neither makes any representation or warranty as to specifics Services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of Services on the Platform.  accepts no liability for any errors or omissions, whether on behalf of Restaurants or PDPs.
  5.  does not make any representation or warranty with respect to any aspect of the Delivery Services being provided by the PDPs through the Platform to the Restaurants or Customers as the case may be.
  6.  is not responsible for any non-performance or breach of any contract entered into between Customers and Restaurants, and between Restaurants/Customers and PDP on the Platform.  cannot and does not guarantee that the concerned Customers, Restaurants and PDPs will perform any transaction concluded on the Platform.  is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of food or beverage which are out of stock, unavailable or back ordered.
  7.  is operating an online marketplace and assumes the role of facilitator and does not at any point of time during any transaction between Customer and Restaurant and/or Customer and PDP on the Platform come into or take possession of any of the products or services offered by Restaurant or PDP. At no time shall  hold any right, title or interest over the food or beverage nor shall  have any obligations or liabilities in respect of such contract entered into between Customer and Restaurant and/or Customer and PDP.
  8.  is only providing a platform for communication and that the contract for sale of any of the food, beverage or Services shall be a strictly a separate contract between the Restaurant and the Customer. In case of complaints from the Customer about efficacy, quality, or any other such issues,  shall notify the same to Restaurant and shall also redirect the Customer to the Restaurant. The Restaurant shall be liable for redressing Customer complaints. In the event you raise any complaint on any Restaurant using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Restaurant and the specific Order to which the complaint relates, to enable satisfactory resolution by the Restaurant of your complaint.
  9. Similar to the above,  is only providing a platform for communication with PDP and does not provide Delivery Services with respect to the Orders placed by Restaurants/Customers on the Platform as it is merely facilitating Delivery Services by connecting the Restaurants/Customers with the PDP through the Platform. In case of complaints by the Restaurants/Customers for deficiency or lapse in the Delivery Services provided by PDP,  shall notify the same to the PDP and also assist Restaurants/Customers to the best of its abilities to enable satisfactory resolution of the complaint by PDP
  10.  - Use of Apps (Android and iOS)

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

  1. You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
  1. belongs to another person and which you do not have any right to;
  2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever, or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986;
  3. is misleading or misrepresentative in any way;
  4. is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual;
  5. harasses or advocates harassment of another person;
  6. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
  7. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
  8. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity;
  9. promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
  10. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
  11. provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone;
  12. provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  13. contains video, photographs, or images of another person (with a minor or an adult);
  14. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
  15. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, 's prior written consent means a communication coming from , specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
  16. solicits gambling or engages in any gambling activity which is or could be construed as being illegal;
  17. interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services;
  18. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
  19. harm minors in any way;
  20. infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
  21. violates any law for the time being in force;
  22. deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
  23. impersonate another person;
  24. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation;
  25. is false, inaccurate or misleading;
  26. directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or
  27. creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers.
  1. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, "password mining" or any other illegitimate means.
  2. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform.
  3. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
  4. You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of  and/or others.
  5. You shall at all times ensure full compliance with all applicable laws, rules and regulations regarding your use of Service and your listing, purchase, solicitation of offers to purchase, and sale of food and beverages. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force.
  6. In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your information, in any media now known or not currently known, with respect to your information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
  7. From time to time, you shall be responsible for providing information relating to the food and beverages proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such food and beverages so as to mislead other users in any manner.
  8. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services other than the food and beverages listed on the Platform. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
  9. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
  10. It is possible that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It is also possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose or share with others on the Platform.
  1. Account Registration 
  1. You may access the Platform by registering to create an account ("  Account") and become a member (" Membership"). The Membership is limited for the purpose and are subject to the terms, and strictly not transferable.
  2. We will create your  Account for your use of the Platform Services based upon the personal information you provide to us. You can only have one  Account and are not permitted to create multiple accounts.  reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
  3. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
  4. We reserve the right to suspend or terminate your  Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other  policies.
  5. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your  Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your  Account.
  6. Food and beverages purchased through the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
  1. Order Booking and Financial Terms
  1. The Platform allows the Customers to place Orders and upon acceptance of such Orders by the Restaurants,  will, subject to the terms and conditions set out herein, facilitates delivery of food and beverages through PDP
  2.  does not own, sell, resell on its own such good and beverages offered by the Restaurants, and/or does not control the Restaurants or the related services provided in connection thereof. Customer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, availability of food or beverage items, delivery location serviceability, and acceptance of Orders by Restaurants/PDPs
  3. As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed by you
  4. However, upon Customer’s successful completion of booking an Order, we may call the Customer on the mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Customer will be required to share certain information with us, including but not limited to Customer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Customer’s sole responsibility to bring any incorrect details to our attention
  5. In addition to the foregoing, 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 Order or change in price of any item in the Order as informed by the Restaurant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that  reserves the right to not to process Customer's Order in the event Customer or Restaurant or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund shall be applicable
  6. All payments made against the Orders or 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 Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; or (ii) any other RBI approved payment method at the time of booking an Order. You understand, accept and agree that the payment facility provided by  is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility,  is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
  7. Customers acknowledge and agree that  acts as the Restaurant's and PDP’s payment agent for the limited purpose of accepting payments from Customers/Restaurants on behalf of the Restaurant or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Restaurant or PDP, your payment obligation to the Restaurant or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Restaurant or PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Restaurant for Order bookings or to the PDP for delivery of the Order made using the Platform.
  8. Customer agrees to pay for the total amount for the Order placed on the Platform.  will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of food or beverage for the particular Restaurant, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Customer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
  9. In connection with Customer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information our third party payment processor. Customer agrees to pay us for the Order placed by you on the Platform, following these Terms, using the methods described above. If Customer is directed to our third-party payment processor, he/she 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 the Order is confirmed, you will receive a confirmation email summarizing the confirmed booking.
  10. The final tax bill will be issued by the Restaurant to the Customer along with the Order and  is merely collecting the payment on behalf of such Restaurant and PDP. 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 Restaurant and PDP.  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 Restaurant and the PDP.
  11. The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Restaurant and are listed based on Restaurant's information. Restaurant

Disclaimer: Prices of any food or beverage as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Restaurant be incorrectly reflected and in such an event Restaurant may cancel Customer’s Order(s).

  1. The transactions are bilateral between the Restaurant and Customer, and between Restaurant/Customer and PDP, therefore,  is not liable to charge or deposit any taxes applicable on such transactions. 
  1. Cancellations and Refunds
  1. Cancellation by Customer
  1. As a general rule Customer shall not be entitled to cancel Order once placed. Customer may choose to cancel Order only within one minute of the Order being placed. However, subject to Customer’s previous cancellation history,  reserves the right to deny any refund to Customer pursuant to a cancellation initiated by Customer even if the same is within one-minute followed by suspension of account, as may be necessary in the sole discretion of  
  2. If Customer cancels Order after one minute of placing it,  shall have a right to collect a penalty of 100% of the Order amount for breach of contract terms as a compensation for the damages suffered by , with a right to either not to refund the Order value to compensate the Restaurants and PDPs.
  1. Non-Customer Cancellation
  1.  reserves the right to collect a penalty for the Orders constrained to be cancelled by  for reasons not attributable to , including but not limited to:
  1. in the event if the address provided by Customer is either wrong or falls outside the delivery zone
  2. Customer cannot be reached by phone at the time of delivering the Order
  3. failure to deliver Customer Order due to lack of information, direction or authorization from Customer at the time of delivery
  4. unavailability of all the items ordered by Customer at the time of booking the Order. In such case, no penalty will be charged
  5. unavailability of all the items ordered by Customer at the time of booking the Order. However, in the unlikely event of an item in an Order being unavailable,  will contact the Customer on the phone number provided to us at the time of placing the Order and inform Customer of such unavailability. In such an event Customer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount upto 100% of the Order value
  1. In case of cancellations for the reasons attributable to  or the Restaurant or PDP,  shall not collect any penalty from the Customer.
  1. Refunds
  1. Customer may be entitled to a refund for prepaid Orders.   retains the right to retain the penalty payable by the Customer from the amount refundable to Customer. The Customer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Customer refuses to accept at the time of delivery for the said reason.
  2. Customer may be entitled to a refund up to 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or , however such refunds will be assessed on a case to case basis by
  3. ’ s decision on refunds shall be final and binding
  4. All refund amounts shall be credited as soon as possible to Customer’s account as may be stipulated as per the payment mechanism of Customer’s choice
  1. Terms of Service
  1. The Customer agrees and acknowledges that  shall not be responsible for:
  1. The food items and beverages provided by the Restaurants;
  2. The Restaurant's food items or beverages or services provided by PDPs not being up to Customer expectations or leading to any loss, harm or damage to Customer;
  3. The availability or unavailability of certain items on the menu; or
  4. The Restaurant serving the incorrect Orders;
  1. The details of the menu and price list available on the Platform are based on the information provided by the Restaurants and  shall not be responsible for any change or cancellation or unavailability
  2. Customers and Restaurants agree and acknowledge that  is not responsible for any liability arising out of Delivery Services provided by PDP to them
  3. Customers may not be able to avail Services if their delivery location is outside ’s current scope of Service.  will keep the Customer informed of the same at the time of confirming the Order booking
  4. Customer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from PDPs and Restaurants.  will not be responsible for any delay in the delivery of an Order
  5. Customer understands that there are certain Restaurants who undertake delivery of their goods and services to the Customer and the Restaurant may charge the Customer for such service.  exercises no control on such delivery services and same shall be under the control of Restaurant alone and hence all or any disputes arising out of such delivery services shall be between Customer and Restaurant alone.  shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same
  6. Customer’s Order will be only delivered to the address designated by the Customer at the time of placing Order on the Platform. Customer’s Order will be cancelled in the event of any change of the address as informed by the PDP and Customer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance by the PDP or sole discretion of
  7. The Customer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Customer, the food items or beverages shall be deemed to have been delivered to the Customer and all risk and responsibility in relation thereto shall pass to the Customer without being entitled to any refund
  8. Customer understands that ’s (including Restaurant’s and PDP’s) liability ends once Order has been delivered to Customer 
  9. Services provided:
  1. You agree and acknowledge that  shall be not liable in the event you have failed to adhere to the Terms of Use
  2. Customer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Customer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Customer shall not use the credit/ debit card which is not lawfully owned by Customer, i.e. in any transaction, Customer must use his/her own credit/ debit card. The information provided by the Customer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Customer shall be solely responsible for the security and confidentiality of Customer’s credit/ debit card details.  expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card
  1.  does not offer any refunds against food items or beverages already purchased from a Restaurant or PDP through the Platform unless an error that is directly attributable to  has occurred during the purchase of such food items or beverages
  2. We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions
  3. If you use the Platform, you do the same at your own risk
  4. Customer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Restaurants and PDPs
  1. No Endorsement
  1. We do not endorse any Restaurant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members
  2. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions
  1. Content

"Content" includes (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. " Content" means content that  creates and makes available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than  or you and is available on the Services.

  1. Ownership of  Content and Proprietary Rights
    1. We are the sole and exclusive copyright owners of the Services and  Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and  Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by  and that you shall not disclose such information without our prior written consent
    2. You agree to protect 's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of these Terms and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that  (or 's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with , nothing in these Terms gives you a right to use any of 's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features
    3. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of  or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the 's Content in whole or in part except as expressly authorized by  in writing
    4. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below
  2. Your License to  Content
  1. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of  Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services,  Content or our IP Rights
  2. Any violation by you of the license provisions contained in this section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances
  1.  License to Your Content

In consideration of availing the Services on the Platform and by submitting Your Content, you hereby irrevocably grant  a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against  or its Customers, any third party services and their users

  1. Representations Regarding Your Content
    1. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content. Your Content was not copied from or based in whole or in part on any other content, work, or website. Your Content was not submitted via the use of any automated process such as a script bot. Use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party. Your Content is truthful and accurate; and Your Content does not violate any applicable laws or  policies
    2. If Your Content is a review, you represent and warrant that (1) you are the sole author of that review; (2) the review reflects an actual experience that you had; (3) you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and (4) you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion
    3. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not .
  2. Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Restaurants reserve the right to delete any images and pictures forming part of Your Content, from such Restaurant's listing page at its sole discretion.

  1. Customer Reviews
    1. Customer reviews or ratings for Restaurants do not reflect the opinion of .  receives multiple reviews or ratings for Restaurants by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on  is the personal opinion of the Customer/reviewer only.  is a neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or restaurant owners/representatives with access to restaurant business page. The advertisements published on the Platform are independent of the reviews received by such advertisers.
    2.  is a neutral platform, and we don't arbitrate disputes, however in case if someone writes a review that the Restaurant does not consider to be true, the best option for the Restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings.  may remove the review in its sole discretion if review is in violation of the Terms or  policies or otherwise harmful to the Services.