Terms And Conditions
M/s. Controture E-Commerce Private Limited (“Company”, “we”, “us”, or “our”) owns and controls the website www.foodni.com (the “Website”) and Food N I Client and Food N I Partner mobile applications (the “App”). The Companyenables you, (“you”, “your”, “yourself” or “user”) to order and fulfil your office food and team outing needs either on-site or off within the cities of Hyderabad, Pune and Bangalore(referred to as “Service” or “Services”).This Terms of Service (“Terms”) is drafted in conformity with the Information Technology (Intermediaries Guidelines) Rules, 2011 specified under the Information Technology Act, 2000 in order to regulate the terms and conditions of usage and access to the Services. No physical or digital signature is necessitated in order to validate this Agreement.
The Company reserves the right to modify the Terms at any time in its sole and absolute discretion. The most current version of the Terms will supersede all previous versions. Any such modifications will become effective immediately upon posting in the App / Website and your continued use constitutes your agreement to be bound by such changes. The Terms may be modified as frequently as desired and at our sole and absolute discretion. You are advised to regularly visit the Terms page to keep yourself updated with our terms and conditions to avoid any breach.
1.1 These Terms applies to every user who uses or accesses the Services of the Company. It also applies to any legal entity which may be represented by you under actual or apparent authority. You understand and acknowledge that the Company does not prepare the Product supplied to you, and it merely enables you to place your order on the Website/App and facilitates to get the same delivered to you from the third-partyvendors (“Vendors”), whether or not listed on our Website/App.
2. USE OF SERVICES:
2.1 Subject to your compliance with theTerms, the Company hereby grants you permission to use the Services, provided that:
a. You will use the Services for the purpose mentioned herein and not for any commercial use unless you obtain our prior written approval. You are not permitted to use or access the Services in any manner which is inconsistent with the Terms;
b. you will not duplicate, transfer, give access to, copy or distribute any part of the Website or the App in any medium without the Company’s prior written authorization;
c. you will not attempt to reverse-engineer, alter or modify, copy, reproduce, lease, distribute, sell or transmit any part of the Website and/or the Application;
e. you shall not (i) reproduce, modify, prepare derivative works, distribute, license, resell, transfer or otherwise exploit the Services; and (ii) create any internet links or frame or mirror any portion of the Services;
f. you shall not practise any activity on the Website/App which may cause reputational and financial loss to the Company and the Services offered by the Company;
g. you shall not interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Website and/or App;
h. you shall not bypass, interfere, or attempt to bypass or interfere any actions we may use, to prevent or restrict access to the Services, including without limitation other accounts, computer systems or networks connected to the Services;
i. infringe any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy;
j. attempt to gain unauthorized access to any portion or feature of the Website/App, any other systems or networks connected to the Website/App or to any Company’s server, or to any of the Services offered by the Company, by any illegitimate means.
3.1 All content related to the Services including but not limited to text, audio clips, digital downloads and data compilations is the copyright of the Company except the third party content and link to third party websites.
3.2 Systematic retrieval of Company’s content to create or compile, directly or indirectly, a collection, compilation, database or directory (whether through robots, spiders, automatic devices or manual processes) without written permission from Company is prohibited.
3.3 In addition, use of the content for any purpose not expressly permitted hereunder is prohibited and may invite legal action. As a condition of your access to and use of Services, you agree that you will not use the Services to infringe the intellectual property rights of others in any way. The Company reserves the right to terminate your account upon any infringement of the rights of others in conjunction with use of the Services, or if Company believes that your conduct is harmful to the interests of Company, its affiliates, or other users, or for any other reason in our sole discretion, with or without cause. You shall be liable to indemnify the Company for any losses or expenses incurred by the Company due to any infringement of intellectual property rights owned by the Company without prejudicing Company’s right to bring any legal action against you.
All graphics, logos, page headers, button icons, scripts, and service names included in or made available through App / Website are trademarks of the Company. Company’s trademarks may not be used in connection with any product or service that does not belong to the Company or whichin any manner is likely to cause confusion among customers or in any manner that disparages or discredits Company. All other trademarks not owned by Company that appear in any of the Company’s service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by the Company.
5. Downloading Files
The Company cannot and do not guarantee or warrant that files available for downloading through the App / Website, if any, will be free of infection by software viruses or other harmful computer code, files or programs.
6. Disclaimer of Warranties
The Company makes no express or implied warranties, representations or endorsements whatsoever with respect to the Services or the content available on Website and/or App or regarding any Product purchased or obtained through the Website and/or App. The Company expressly disclaims all warranties of any kind, express, implied, statutory or otherwise, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with regard to the Services, the content available on Website and App, and any other service furnished or to be furnished via the App / Website or call. Company does not warrant that the functions performed by the Service will be uninterrupted, timely, secure or error- free, or that defects in the Services will be correctedby the Company.We do not warrant that the quality of any products, services purchased or information obtained by you will meet your expectations.
7. Limitation of Liability
In no event will the Company be liable for any damages whatsoever, including, but not limited to any direct, incidental, consequential, special, exemplary or other indirect damages arising out of (i) the use of or inability to use the Services (ii) any transaction conducted or Products purchased or obtained through or facilitated by the App / Website; (iii) any claim attributable to errors, omissions, or other inaccuracies in the Services (iv) unauthorized access to or alteration of your transmissions or data, or (v) any other matter relating to the Services even if the Company has been advised of the possibility of such damages. If you are dissatisfied with the Services or with the Terms, your sole and exclusive remedy is to discontinue using the Services.
8. You understand and agree that you are personally responsible for your behavior while availing the Services. You agree to indemnify, defend and hold harmless Company from and against all direct or indirect claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use theServices or any violation by you of this Terms.
9. Terms of Online Payment
a) This online payment system is provided by the Company and Vendors. All prices quoted are in INR. The Company reserves the right to change the prices at anytime. Your payment willbe through merchant gateway facility of CCAvenue.COM. We cannot accept liability for a payment not reaching Company’s account due to you quoting an incorrect account number or incorrect personal details. Neither can we accept liability if payment is refused or declined by the credit/debit card supplier for any reason.
b) If the card supplier declines payment, the Company has the duty but no obligation to bring this fact to your attention. You should check with your bank/credit/debit card supplier that payment has been deducted from your account
c) All payment details which are entered through the payment gateway are encrypted when the user making the payment, enters them. Communications to and from the service provider’s application are encrypted.
d) The Company shall not be liable for any failure by the user making payment of bills to properly protect data from being seen on their screen by other persons or otherwise obtained by such persons, during the online payment process or in respect of any omission to provide accurate information in the course of the online payment process.
e) Online payments of bills can be made by credit, debit card and net banking facility. These payments are not collected by the Company directly but by the Bank.
10. User Conduct
You agree to use the Services only for lawful purposes. You agree not to take any action that might compromise the security of the App/Website, render the App/Website inaccessible to others or otherwise cause damage to the App/Website.
11. Your Account
The Company enables the user to access complete Services subject to creating an account by providing certain required information.If you use any Service provided by the Company, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your mobile/tab/or any other device through which the App/Website can be used and you agree to accept responsibility for all activities that occur under your account or password. The Company cannot and will not be responsible for any loss or damage resulting from your failure to comply with these conditions. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.
12. Reviews, Comments, Communications And Other Content
The users may post reviews, comments other content and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin.
13. Representations and Warranties
You represent and warrant that
a) All of the information provided by you to Company to participate in the Services is correct and current and;
b) You have all necessary right, power and authority to avail the Services and to perform the acts required of you hereunder.
14. Links to Third Party Sites
The Services may entail you to other apps/websites outside of the App / Website (“Linked Sites”). The Linked Sites are provided by Company to you as a convenience and the inclusion of the links do not imply any endorsement by the Company of any linked application. The Company has no control of the Linked Sites and you therefore acknowledgeand agree that the Company is not responsible for the contents of any Linked Sites, any link contained in a Linked Sites or any changes or updates to a Linked Sites. You further acknowledge and agree that the Company is not responsible for any form of transmission received from any Linked Sites.
15. Restriction and Termination of Use
16. Consequences of Non-Compliance Of the Terms
a) Any violation of the Terms will not be tolerated and shall attract prompt and punitive disciplinary action up to and including termination of usage rights as well as legal action. In the event of termination, users found in violation of the Terms, will not receive any credit or payment or refund from the Company.
b) Without limiting the Company of other remedies, to the extent you are in violation of the Terms, you must pay the Company for all payment owed to us and reimburse us for all losses and costs (including any and all Company’s employee and agents at that time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees. In the event of termination, you will have no claim whatsoever against the Company in respect of any such suspension or termination of your membership.
It is the express wish of the parties that the Terms and all related documents have been drawn up in English.
18. Communications from Company
The Company reserves the right to contact you from time to time regarding new features, product launches, etc., through e-mail, text messages, phone call, physical mail etc. You hereby expressly consent to receive such communications and newsletters from the Company. You can unsubscribe / opt-out from receiving communications and newsletters from the Company at any time by sending us an email at [●].
20. Advertisements and Promotions
The Company may run advertisements and promotions from third parties via the Services in any manner or mode and to any extent. Your communications, activities, relationships and business dealings with any third parties advertising or promoting via Services including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely matters between you and such third parties. You acknowledge and agree that the Company is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such non-Company advertisers on the App / Website or in connection with the Services.
21. Service Availability:
Subject to applicable laws, we may modify, alter, defer or stop any Service of the Website, or may start levying a fee prospectively, at our complete discretion, after giving a prior notice to you in this respect.
22. Third-Party Software:
23. Certain Terms for delivery by the Company:
a) We reserve the right to periodically update prices on the Website/App, which cannot be guaranteed for any period of time. We shall make every effort to ensure prices are correct at the point at which you place an order.
b) We reserve the right to withdraw any goods from the Website/App at any time or for refusing to process an order.
c) We reserve the right to withdraw or suspend any promotion or offer code at any time.
d) Where a delivery cannot be made within the promised timeline, you will be notified and given the opportunity to agree to a new delivery time or receive a full refund.
e) As our products are supplied fresh and prepared to order, we regret that once an order is placed it is not possible to cancel it, and if you refuse a delivery for whatever reason, refunds will be at the discretion of the management.
f) Any contract for delivery of orderthrough the Vendor is between you and the concerned Vendor; You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
g) In the unlikely event that the Vendor delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Vendor can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Vendor. For all the cancelled order due to the above reasons, the refund shall be made within 7 working days.
h) Delivery periods quoted at the time of ordering are best estimates only and may vary. Your order will be delivered to the address designated by you at the time of ordering. Vendor will aim: To deliver the product to you at the place of delivery requested by you in your order; To deliver within the time confirmed. On time delivery promise is applicable at first barrier point (security/reception etc.); To inform you if they expect that they are unable to meet the estimated delivery time. The Company shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses incurred by you or any third party arising directly or indirectly out of any failure to meet any estimated delivery time for delivery of the Product.
i) The Company is only anintermediary between the user and the Vendor. The Company shall not be liable for any acts or omissions on part of the Vendors including deficiency in service, wrong delivery of order, quality of food, time taken to deliver order, negligence, conduct, actions or inactions of the Vendor. If you have any complaint in relation to the Services provided then that dispute must be taken up with the Vendor directly.
j) Any order that you place with us is subject to product availability and acceptance by us and the Vendors. When you place your order online, we will notify you to confirm that we have received it. This confirmation will be produced automatically to provide you your order details. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Vendor will be able to fill your order. Once we have sent the confirmation email we will check availability of the Product. If the ordered Product is available, we shall send a confirmation of the same and get the same delivered to you. However, if the Product is not available, we will also let you know of the same and return any payment that you have made.
24. General Provisions:
b) Correction of Errors and Inaccuracies: The content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Company therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. The Company does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
25. Settlement by Arbitration:
Any claim or controversy that arises out of or relates to the Terms, or the breach of it, the same shall be referred to a person nominated by the Company whose decision shall be final and binding upon the parties hereto. Such references shall be deemed to be a submission to arbitration in accordance with the provisions of the Arbitration and Conciliation Act, 1996.
26. Governing Law and Jurisdiction:
The Website, App and the Services (excluding Linked Sites) are controlled by the Company from its offices located in Hyderabad, India. By accessing the Services, you agree that all matters relating to your access to, or use of, the Services shall be governed by laws applicable to jurisdiction applicable in Hyderabad. In case of any litigation it is agreed by both the parties that only Courts in Hyderabad will have exclusive jurisdiction to try any matter to the exclusion of all other Courts.
27. Grievance Officer:
In accordance with Information Technology Act 2000 and Information Technology (Intermediaries Guidelines) Rules, 2011 made thereunder, the contact details of the Grievance Officer are provided below in order to contact him when you have some problem or grievance with respect to the Services:
Attn: Grievance Office