c. Tandoori Kitchen enables transactions between registered restaurants/brands and buyers, dealing in food and beverages (‘Platform Services’). The customers can choose and place orders (‘Orders’) from a variety of products listed and offered for sale by various restaurants/brands (“Tandoori Kitchen Partner”) on the Platform. Tandoori Kitchen facilitates and ensures delivery of such Orders at select localities of serviceable cities across India (‘Delivery Services’). The Platform Services and Delivery Services are collectively referred to as ‘Services’.
3. USE OF THE PLATFORM
a. All offers availed by a customer are agreed between customers and Tandoori Kitchen Partners alone. The term ‘offer’ shall include but not be limited to price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. We do not have any control or do not determine or advise or in any way involve ourselves in such offers. We, however, might offer support services to Tandoori Kitchen Partners with respect to order fulfilment, payment collection, call centre, and other services, pursuant to independent contracts executed by us with these Tandoori Kitchen Partners.
b. Tandoori Kitchen makes no representations or warranties with respect to the specifics of the products purchased by the customer (such as legal title, creditworthiness, identity, quality, value, etc.) of any of the Tandoori Kitchen Partners. You are advised to independently verify the bona fides of any particular Tandoori Kitchen Partner that you choose to deal with on the Platform. Tandoori Kitchen shall not accept any liability for any errors or omissions, whether on behalf of itself or third parties.
c. Tandoori Kitchen operates as an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between the customer and Tandoori Kitchen Partner on the Platform come into or take possession of any of the products or services offered by such Tandoori Kitchen Partner. Tandoori Kitchen does not hold any right, title or interest over the products, and therefore shall have no obligations or liabilities in respect of such contract entered into between the customer and Tandoori Kitchen Partner.
d. Tandoori Kitchen merely provides a platform for customers to place Orders and any such Order shall be construed to be an agreement between the customer and Tandoori Kitchen Partner. In the event a customer raises a complaint with respect to the food product delivered, Tandoori Kitchen shall notify the relevant Tandoori Kitchen Partner and shall also redirect the customer to the consumer call center of the Tandoori Kitchen Partner. The Tandoori Kitchen Partners shall be liable for resolving customer complaints. In the event a customer raises a complaint on the Platform, Tandoori Kitchen shall assist the customer in resolving the same at the best of its abilities.
e. We shall not be responsible for any non-performance or breach of any contract entered into between the customer and the Tandoori Kitchen Partner on the Platform. We do not guarantee that the concerned customer and/or Tandoori Kitchen Partner will perform any transaction concluded on the Platform. We shall not be responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
4. ACCOUNT REGISTRATION
a. To access the Platform, You will be asked to provide certain registration details and other information. It is a condition of Your use of the Platform that all the information you provide on the Platform is correct, complete and accurate.
b. If You choose, or are provided with, a user name, password or any other piece of information as part of Our security procedures, You must treat such information as confidential, and You must not disclose it to any other person or entity under any circumstances, whatsoever. You also acknowledge that Your account is personal to You and agree not to provide any other person with access to this Website or portions of it using Your user name, password or other security information. You agree to notify Us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You exit/logout from Your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record Your password or other personal information.
d. You shall further be liable to be prosecuted and/or punished under applicable laws for furnishing false, incorrect, incomplete and/or misleading information to the Platform.
e. Products and services purchased from the Platform shall be intended for your personal use, and you hereby represent that you shall not use the same for resale purposes.
f. For your ease, we will require basic information about you which shall include but not be limited to name, email address, phone number, location,etc. For facilitating payments, we will be directing you to a payment gateway website, which shall process your relevant payment information.
5. ORDER PROCESSING
a. The Platform allows you to place food order bookings and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.
c. As a general rule, all food orders placed on the Platform are treated as confirmed. However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your 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.
d. 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 as informed by the Tandoori Kitchen Partner. Please note change or confirmation of the order shall be treated as final. It is clarified that Tandoori Kitchen reserves the right to not to process your order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
e. All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Tandoori Kitchen is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Tandoori Kitchen is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
f. You acknowledge and agree that we act as the Tandoori Kitchen Partners payment agent for the limited purpose of accepting payments from you on behalf of the said Tandoori Kitchen Partner. Upon your payment of amounts to us, which are due to the Tandoori Kitchen Partner, your payment obligation to the Tandoori Kitchen Partner for such amounts is completed, and we are responsible for remitting such amounts to the Tandoori Kitchen Partner. You shall not, under any circumstances whatsoever, make any payment directly to the Tandoori Kitchen Partner for Order bookings made using the Platform.
i. The final tax bill will be issued by the Tandoori Kitchen Partner to you along with the Order and Tandoori Kitchen is merely collecting the payment on behalf of such Tandoori Kitchen Partner. 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 Tandoori Kitchen Partner. Tandoori Kitchen 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 Tandoori Kitchen Partner.
j. All packaged products listed on the Platform shall be sold at MRP, unless otherwise specified by the Tandoori Kitchen Partner. The prices listed on the Platform are as received by us from the Tandoori Kitchen Partner. The final price charged to you may change during delivery.
k. The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Tandoori Kitchen Partner and are listed based on Tandoori Kitchen Partners information. Very rarely, prices may change at the time of placing Order due to Tandoori Kitchen Partner changing the menu price without due intimation and such change of price is at the sole discretion of the Tandoori Kitchen Partner attributing to various factors beyond control.
l. When you opt for a pickup/takeaway, you agree to be solely liable to ensure compliance with the conditions governing the takeaway at the time of placing the order, and we shall not be liable in any manner in this regard. For the purpose of clarity, pickup/takeaway shall mean where an Tandoori Kitchen Partner has agreed to provide an option to you to collect your order on your accord from the premises of the Tandoori Kitchen Partner, by placing the order on the Platform. We accept no liability associated with food preparation by the Tandoori Kitchen Partner who accepts the order. All food preparation and handover through takeaway is the responsibility of the Tandoori Kitchen Partner only. The timings for pickup/takeaway facility for a particular Tandoori Kitchen Partner shall reflect on the Platform for your ease of access and reference.
m. The pick-up/takeaway services available on the Platform are offered by and agreed to between you and the Tandoori Kitchen Partner alone. We assume the role of a facilitator only and merely provide a Platform to facilitate pick-up/takeaway services between the Tandoori Kitchen Partner and You. We shall not be held responsible at any time for any transactions pertaining to pick up/takeaway orders as offered by the Tandoori Kitchen Partner.
n. The Tandoori Kitchen Partner shall provide services as per your sole instructions. We do not have any control, do not determine/advise or in any way involve ourselves in the takeaway services. You agree that the details of the items for pick-up/takeaway services are provided or entered by you in the Platform, in accordance with which the Tandoori Kitchen Partner shall fulfill your order. We shall not be held responsible for any issues concerning such orders as they are fulfilled as per your instructions.
o. Disclaimer: Prices on any product(s) as reflected on the Platform may, due to some technical issue, typographical error or product information supplied; be incorrectly reflected, in such an event Tandoori Kitchen Partner may cancel your Order(s).
p. The Tandoori Kitchen Partner shall be solely responsible for any warranty/guarantee of the food products sold to you and in no event shall be the responsibility of Tandoori Kitchen.
q. The transaction is bilateral between the Tandoori Kitchen Partner and you and therefore, Tandoori Kitchen is not liable to charge or deposit any taxes applicable on such a transaction.
6. REFUNDS AND CANCELLATIONS
a. As a general rule you shall not be entitled to cancel your order once placed. You may choose to cancel your order only within one-minute of the order being placed by you. However, subject to your previous cancellation history, we reserve the right to deny any refund to you pursuant to a cancellation.
b. If you cancel your order after one minute of placing it, we have a right to charge you 100% of the order amount as the cancellation fee , with a right to either not to refund the order value in case your order is prepaid or recover from your subsequent order in case your order is postpaid, to compensate our restaurant/merchants and delivery partners.
c. We reserve the right to charge you cancellation fee for the orders constrained to be cancelled by us for reasons not attributable to us, including but not limited to:
in the event if the address provided by you is either wrong or falls outside the delivery zone;
failure to contact you by phone or email at the time of delivering the order booking;
failure 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. 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 to an amount upto 100% of the order value.
d. In case of cancellations for the reasons attributable to us or Tandoori Kitchen Partner or delivery partners, we shall not charge you any cancellation fee.
e. You may be entitled to a refund for prepaid orders post deduction of cancellation fee as described above or in a manner as deemed fit by us in our sole discretion. You shall also be entitled to a refund of portionate value in the event packaging of an item in an order or the complete order, is either tampered or damaged and you refuse to accept at the time of delivery.
f. You may be entitled to a refund upto 100% of the order value if our delivery partner fails to deliver the order to you due to any cause attributable to us, however such refunds will be assessed on a case to case basis by us. Our decisions on refunds and cancellations shall be final and binding.
g. All refund amounts shall be credited to your account as may be stipulated as per the payment mechanism of your choice.
h. In case of payment at the time of delivery, you will not be required to pay for:
orders where packaging is either tampered or damaged at the time of delivery;
wrong order being delivered;
items missing from your order at the time of delivery.
i. In case of payments made online/at the time of ordering, you shall be entitled to refund of 100% of order value if:
Packaging of the order is tampered/damaged at the time of delivery;
Wrong order has been delivered;
Items are missing from your order at the time of delivery.
However, you shall be liable to promptly inform the Company on the Platform, with photographs and proofs of the damaged/incorrect/incomplete order. The Company shall reserve the right to process your complaint based on the proof submitted by you.
a. Use of the Platform is available only to natural and/or legal persons who can enter into a legally binding contract under Indian Contract Act, 1872. Persons who are ‘incompetent to contract’ within the meaning of the Indian Contract Act, 1872 are not eligible to use the Platform in any manner. If You are a minor, i.e. under the age of 18 (eighteen) years, You shall not register as a User of the Platform and shall not transact on or use the same. As a minor if You wish to use or transact on the Platform, such use or transaction may be only made by Your legal guardian or parents on Your behalf on the Platform. The Platform reserves the right to terminate Your membership and/or refuse to provide You with access to the Platform if it is brought to the Platforms notice or if it is discovered that you are under the age of 18 (eighteen) years. The Platform reserves the right to initiate legal action against any person who solicits a minor to register as a customer on the Platform.
b. The details of the menu and price list available on the Platform are based on the information provided by Tandoori Kitchen Partners and we shall not be responsible for any change or cancellation or unavailability of the same.
c. Any delivery time period quoted shall be an approximate time frame, and Tandoori Kitchen shall not be held liable for any delayed delivery of the Orders. The customers Order shall be delivered only to the address mentioned as the delivery address. Tandoori Kitchen shall not be liable for any unfulfilled Order deliveries in the event there is a change in the delivery location. The customer shall not be entitled to any refund or credits on cancellation of such Orders.
d. The liability of Tandoori Kitchen ends when the Order has been delivered to you. Any use of the Platform is at your sole risk and discretion.
e. Tandoori Kitchen Partners are not endorsed by us.
f. You agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
g. You agree and grant permission to Tandoori Kitchen to receive promotional SMS and e-mails. In case you wish to opt out of receiving promotional SMS or email please send a mail to email@example.com
i. We expressly state and claim that we will NOT BE RESPONSIBLE for all and any liabilities arising out as a consequence of any unauthorised use of debit or credit card.
j. Tandoori Kitchen reserves its right to alter/ withdraw/ extend any offers/ promotions at any time without giving any prior notice & without assigning any reason whatsoever.
8. YOUR REPRESENTATION AND WARRANTIES
a. All information provided by you in connection with registration is true, accurate and legal.
b. The use of the Platform is personal and no other person or entity shall use the Services or the Platform on your behalf. You are responsible for the information stated in your account and the confidentiality of the same.
c. You represents and warrant that you are the owner and/or authorized to share the information that you give on the Platform and that the information is correct, complete, accurate, not misleading, does not violate any law, notification, order, circular, policy, rules and regulations, is not injurious to any person or is discriminatory with respect to sex, caste, race or religion and/or property.
d. You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
f. You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform. Furthermore, you will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
g. You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
9. ACCESS, ACCURACY AND SECURITY
a. We shall make available the Platform to the customers during the business hours of the Tandoori Kitchen Partner. We, however, do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
b. We do not represent or warrant that the Platform will be compatible with any hardware that might be used by you. Therefore, we shall not be liable for any damage that may have been caused to such hardware.
c. We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
10. INTELLECTUAL PROPERTY
a. We represent, warrant and covenant that all IPR in relation to the Platform is owned exclusively or validly licensed by, registered or applied for in the sole name of the Tandoori Kitchen (or its group companies).
c. 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.
d. You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
11. THIRD PARTY CONTENT
12. LIMITATION OF LIABILITY
In addition to other limitations and exclusions in Tandoori Kitchens Conditions of use and sale, in no event will we or our directors, officers, employees, agents or other representations be liable for any direct, indirect, special, incidental, consequential, or punitive damages, or any other damages of any kind arising out of or related to Tandoori Kitchen. Our total liability, whether in contract, warranty, tort (including negligence) or otherwise,will not exceed the value of the order placed by you. These exclusions and limitations of liability will apply to the fullest extent permitted by law and will survive cancellation or termination of your Tandoori Kitchen Membership.
15. FORCE MAJURE
We shall not be liable for any failure and/or delay on its part in performing any of its obligations under this Terms and Conditions and/or for any loss, damage, costs, charges and expenses incurred and/or suffered by the customer by reason thereof if such failure and/or delay shall be result of or arising out of Force Majeure Event set out herein. Explanation: ‘Force Majeure Event’ means any event due to any cause beyond the reasonable control including, without limitation, unavailability of any communication system, sabotage, fire, flood, earthquake, explosion, acts of God, civil commotion, strikes, lockout, and/or industrial action of any kind, breakdown of transportation facilities, riots, insurrection, hostilities whether war be declared or not, acts of government, governmental orders or restrictions, breakdown and/or hacking of the Website and/or contents provided for availing the Products and/or services under the Website, such that it is impossible to perform the obligations under the Agreement, or any other cause or circumstances beyond the control of the Website hereto which prevents timely fulfilment of obligation of the Website hereunder
16. GOVERNING LAW, JURISDICTION AND DISPUTE RESOLUTION
a. This Agreement shall be governed by the laws of India without reference to conflict of law principles.
17. CONTACT DETAILS
For any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform, please contact us on the details below:
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Phone: +91 77398 44642
Time: 10:00 am to 6:00 pm, Monday to Friday
18. GENERAL DISCLAIMER
a. The Platform may be under upgrades and there might be times where some or all functions may not be operational.
b. Due to limitations that may be faced in providing information that is obtained from multiple sources, there could be delays or omissions of third party information on the Platform, due to which the functionality of the Platform would not be at full.
c. We expressly claim that we will not be held liable for any loss arising out of a consequence of use of unauthorised credit or debit cards.
d. You acknowledge that Tandoori Kitchen Partners are third parties with whom we have partnered with. You acknowledge and agree that we do not make any representations for the same, and therefore shall not be liable for the same.
e. The materials provided on this Platform are to provide accurate information regarding the products, however, this information is provided with the understanding that there are no warranties, guarantees or representations. Tandoori Kitchen will not be held liable for any information that might prove to be inaccurate.
f. All information provided on this Platform is on an AS IS basis. We make no representation or warranty for the content, timeliness, accuracy or effectiveness for the same.
g. We shall not be liable for any loss or injury arising out of or relating to the information provided on the Platform.
h. We will not be liable for any damages (including but not limited to direct, indirect, incidental, special, exemplary, consequential, damages arising out of personal injury or death, damages out of loss of profit, loss of data or business interruption) that may result due to the Services provided on the Platform.