GENERAL
These terms of use (“Terms of Use”) govern your use of our website www.fooddles.com (“Website”) and our “Fooddles” application for mobile and handheld devices (“App”). The Website and the App are jointly referred to as the “Services”.
The domain name “www.fooddles.com” is owned by Fooddles Technologies Private Limited (“Fooddles” or “we” or “us”), a Private Limited Company incorporated under the Companies Act 2013 in April 2019 having its registered office at registered office at 6/30 Annadhana Satram Street, Renigunta, Chittor, Tirupati, Andhra Pradesh 517520.
Please read these Terms of Use carefully before you download, install or use the Services. For the purpose of these Terms of Use, wherever the context so requires “you” or “User” shall mean any natural or legal person who has agreed to become a buyer on the Website and/or App by providing Registration Data while registering on the Website and/or App. If you do not agree to these Terms of Use, you may not install, download or use the Services. By installing, downloading or using the Services, you signify your acceptance to the Terms of Use and Privacy Policy (being hereby incorporated by reference herein) which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same. The use of the Services by you is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page or using any of the Services shall be taken to mean that you have read and agreed to be bound by all of the policies. You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by our Services, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. We reserve the right to modify the Terms of Use and Privacy Policy without prior permission or at any time without notice and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website and/or App. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the Privacy Policy and note the changes made on the Website and/or App. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy. As long as you comply with these Terms of Use, we grant you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Services.
About US & How the Services works
Fooddles is a delivery service that provides you an online platform to order food from home chefs (“Participating Chefs”).
We will list the meals and/or signature preparations offered by the Participating Chefs on the Services, and any User can scroll through the different options available and place an order. We register the order and deliver the food at the delivery address provided by the User. Users have the option to pay for their food order by banking channels made available on the Services or by cash at the time of delivery at the delivery address.
Any order placed by the consumer is subject to product availability, delivery capacity and acceptance by Fooddles.
We do not supervise, manage, direct and/or control the preparation of the food by the Participating Chefs or the related services provided in connection thereof. Our responsibilities are limited to (i) providing a platform by way of the Services for listing the availability of the meals and/or signature preparations offered by Participating Chefs; (ii) presenting and packaging the food prepared by the Participating Chef; (iii) delivery of the food ordered by Users to the delivery address provided by the User; and (iv) accepting payments from the User for the food order either by way of online banking channels provided on the Website and/or App or by cash on delivery.
Account Registration and Services Usage
Use of the Services is only available to those above the age of 18. If you are a minor and wish to use the Services, you may do so through your legal guardian. We reserve the right to terminate your account on knowledge of you being a minor.
The membership of the Website and/or App is free of cost and this includes the browsing of the Website and/or App However, charges shall be applicable on the services rendered by us through the Website and/or App, including without limitation, the food items being made available through the Website and/or App. You may access the Services by registering to create an account (“Fooddles Account”) and become a member. We will create your Fooddles Account for your use of the Services based upon the personal information you provide to us. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your Fooddles Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. 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 Fooddles Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Fooddles Account. Goods and services purchased from the Services 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.
BOOKINGS AND PAYMENT TERMS
The Services allow you to make food order bookings and we will, subject to the terms and conditions set out herein, deliver the same to you.
Any order that you place shall be subject to the restrictions and limitations set out in this Terms of Use including, but not limited to, product availability and delivery location.
As a general rule, all food orders made are treated as confirmed.
By using the Services, it is deemed that you have consented to receiving calls, autodialed and/or prerecorded message calls from us at any time with the use of the telephone number that has been provided by you for the use of Fooddles which are subject to the Privacy Policy. This includes contacting you through information received through other parties. Through the use of the Services, it will also be deemed that you have consented to receive SMSs from us from time to time. Please go through our Privacy Policy for further information on Fooddles use of your personal information.
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) the first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
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 price of the order. At this time any change or confirmation of the order shall be treated as final and we will receive an email confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time we are confirming the order, we will cancel your order and the provisions of the cancellation and refund policy below shall be applicable.
You can pay by credit card, debit card, or net banking at the time of booking an order, or you can pay by cash at the time of delivery.
You acknowledge and agree that we act as the Participating Chef’s payment agent with respect to accepting payments from you on behalf of the Participating Chef. Upon your payment of amounts to us, which are due to the Participating Chef, your payment obligation for such amounts is completed. You shall not, under any circumstances whatsoever, make any payment directly to the Participating Chef.
You agree to pay us for the total amount for any booking made. 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 menu listing for the particular Participating Chef. 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 any confirmed bookings in accordance with these Terms of Use by one of the methods described on the Services. 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 services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.
DELIVERY
Delivery periods quoted at the time of ordering is approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
Although Fooddles will at all times make every effort to ensure that your food order is delivered in a timely manner, it will not be liable in any manner whatsoever in case of late delivery. In case of a late delivery, the delivery charge will neither be voided, nor refunded by Fooddles. If the food order is not delivered within the estimated delivery time quoted by us, please contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
If you fail to accept delivery of your food order at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then such order shall be deemed to have been delivered to you and all risk and responsibility in relation to such order shall pass to you. Any storage, delivery charges and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
You must ensure that at the time of delivery of the food order, adequate arrangements including access where necessary are in place for the safe delivery of such order. We cannot be held liable for any damage, cost or expense incurred to the food where this arises as a result of a failure to provide adequate access or arrangements for delivery.
Please note that it might not be possible for Fooddles to deliver to some locations. If this is the case, Fooddles will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
CANCELLATION AND REFUNDS
You must notify Fooddles immediately if you decide to cancel your order, preferably by phone, and quote your order number. If your cancellation request is made at least 30 minutes before the end of the order delivery period, no cancellation fee applies. If the required time frame limit is breached, Fooddles reserves the right to refuse cancellation. We will not be able to refund any order, which has been already dispatched.
However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
We reserve the sole right to cancel your order in the following circumstance: in the event of the designated address following outside the delivery zone offered by us; inability to contact you by phone or email at the time of confirming the order booking; inability to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or unavailability of all the items ordered by you at the time of booking the order; or inability due to reasons beyond our control or attributable to the Participating Chef.
You shall be entitled to a refund only if you made a payment for your order at the time of placing your order on the Services and only in the event of any of the following circumstances: In the event your order packaging has been tampered or damaged at the time of delivery; In the event that Fooddles 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 Fooddles can only do a partial delivery (a few items might be not available), we shall inform you of the same and propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund; In the event Fooddles cancels your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or
In the event you cancel the order as per our cancellation policy.
Our decision on refunds shall be at our sole discretion and shall be final and binding.
All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.
In case of payment at the time of delivery, you will not be required to pay for: orders where the packaging has been tampered or damaged by us; wrong order being delivered; or items missing from your order at the time of delivery.
NO ENDORESMENTS
We do not endorse any Participating Chef. In addition, although these Terms require you to provide accurate information, we do not attempt to confirm, and do not confirm, your purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Users. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users 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.
DISCOUNTS/OFFERS
The company has the right to change or discontinue any or all promotional schemes at its discretion.
USER OBLIGATIONS
You are a restricted user of the Services. You are bound not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, disseminate post, publish or create derivative works from, transfer, or sell any information or software obtained from the Services. With our prior permission limited use may be allowed. For the removal of doubt, it is clarified that unlimited or wholesale reproduction, copying of the content for commercial or non-commercial purposes and unwarranted modification of data and information within the content of the Services is not permitted. You agree not to access (or attempt to access) the Services by any means other than through the interface that is provided by the Services. The use of deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services or the content therein, or in any way reproduce or circumvent the navigational structure or presentation of the Services or the content therein, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Services is specifically banned.
You acknowledge and agree that by accessing or using the Services, you may be exposed to content from other users that you may consider offensive, indecent or otherwise objectionable. We disclaim all liabilities arising in relation to such offensive content on the Services. In places where the Services allows you to post or upload data/information, you undertake to ensure that such material is not offensive and in accordance with applicable laws. Further, you undertake not to: Abuse, harass, threaten, defame, disillusion, erode, abrogate, demean or otherwise violate the legal rights of others;
Engage in any activity that interferes with or disrupts access to the Services (or the servers and networks which are connected to the Services);
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
Publish, post, disseminate, any information which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; 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; Post any file that infringes the copyright, patent or trademark of other legal entities. Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Services or another's computer;
Probe, scan or test the vulnerability of the Services or any network connected to the Services, or breach the security or authentication measures on the Services or any network connected to the Services. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to the Services, or any other customer of the Services, including any Website and/or App Account not owned by you, to its source; or exploit the Website and/or App or Service or information made available or offered by or through the Website and/or App, in any manner, whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Website and/or App.
Disrupt or interfere with the security of, or otherwise cause harm to, the Website and/or App, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites and/or App or any affiliated or linked sites;
Collect or store data about other users in connection with the prohibited conduct and activities set forth in this Section.
Use the Website and/or App or any material or Content 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 which infringes the rights of this Website and/or App or other third parties; Violate any code of conduct or other guidelines, which may be applicable for or to any particular Service;
Violate any applicable laws or regulations for the time being in force within or outside India;
Violate the Terms of Use including but not limited to any applicable Additional Terms of the Services contained herein or elsewhere;
Create liability for us or cause us to lose (in whole or in part) the services of our internet service provider or other suppliers;
You shall not engage in advertising to, or solicitation of, other Users of the Services to buy or sell any products or services, including, but not limited to,products or services related to that being displayed on the Services or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other Users via our Services. It shall be a violation of these Terms of Use to use any information obtained from the Services in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person without our prior explicit consent. 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 deem fit and necessary.
We shall have the right to remove or edit any content that in our sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR PRIVATE MESSAGES. In no event shall we assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of content and/or appearance of content on the Website/Mobile Application. You hereby represent and warrant that you have all necessary rights in and to all content which You provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
THIRD PARTY INFORMATION
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music and artwork (collectively, "Content"), apart from the ones owned by us, is a third party user generated content and we have no control over such third party user generated content. Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, website and/or mobile application or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is not allowed.
The content that you post will become our property and you grant us the worldwide, perpetual and transferable rights in such Content. We shall be entitled to, consistent with our Privacy Policy as adopted in accordance with applicable law, use the Content or any of its elements for any type of use forever, including but not limited to promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include the Content you provide and are not entitled to any payment or other compensation for such use.
DATA PROVIDED BY US
From time to time, our team may post comments or articles. These articles are the Intellectual Property of the Company and you are prohibited from posting, reproducing, publishing, changing, and editing such articles. In case that you have a problem with any article so posted, you may report the same via mail and we will look into it. We are under no obligation to remove such articles and the final decision lies with us.
We take utmost care to ensure that data provided by our Services is true and accurate. Sometimes, system errors creep in and data generated by other Users may be false. We are not responsible for any such data.
We are not in any way liable to you, for any loss arising to you from activities that include but are not limited to our negligence, breach of contract, Intellectual Property and Trademark infringement, breach of laws, etc.
Our Services may contain external links connected to other websites and/or mobile applications. We in no way endorse these websites and/or mobile applications are therefore in no way liable for the information found therein. You are advised to use your own discretion in the navigation and use of external sites.
Treatment of information provided by you
We process information about you in accordance with our Privacy Policy. You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable licence to use any material which you submit to us on the Services for the purpose of use on the Services or for our generally marketing (by any means and in any media, including, but not limited to, on the Website and/or App) our services. You agree that you waive your moral rights to be identified as the author and we may modify your submission.
Intellectual property
We are the owner or the licensee of all intellectual property rights in the Services, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from the Services or our website for your personal reference and you may draw the attention of others within your organisation to material available on the Services.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Services for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Services in breach of these Terms of Use, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. INDEMNIFICATION AND LIMITATION OF LIABILITY YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FOODDLES INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU / US PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE SERVICES, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS. IN NO EVENT SHALL WE, OUR OFFICERS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE SERVICES OR THE CONTENT THEREIN.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
DISCLAIMER OF WARRANTIES AND LIABILITIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW: THE WEBSITE, SERVICES AND OTHER MATERIALS PROVIDED BY THIS WEBSITE AND/OR APP IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, FOODDLES MAKES NO WARRANTY THAT YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, OR IN A TIMELY MANNER;
ANY ERRORS OR DEFECTS IN THE WEBSITE AND/OR App WILL BE CORRECTED; THE FOOD OFFERED THROUGH THE SERVICES SHALL FIT THE IMAGES PROVIDED ON THE WEBSITE/Mobile Application, SHALL MATCH THE DESCRIPTION ON THE SERVICES OR BE FIT FOR CONSUMPTION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE WILL HAVE NO LIABILITY RELATED TO USER CONTENT ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. FOODDLES ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTENT.
ACCESS TO THE SERVICES
We endeavour to make the Services available to you during Vendor working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected. We do not warrant that the Services will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Services or your obtaining any material from, or as a result of, using the Services. We shall also not be liable for the actions of third parties.
We reserve the right to suspend or withdraw access to the Services to you personally, or to all users temporarily or permanently at any time without notice.
COMPLIANCE WITH LAWS
Your use of the Services shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.
DISPUTE RESOLUTION
The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Andhra Pradesh, and you hereby submit to the personal jurisdiction of such courts.
CONTACT US:
If You have any questions regarding the Agreement, the practices of Fooddles or any complaints with the service, you can e-mail us at info@fooddles.com