Food
Destination - Terms of Use – October 2025
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. This document is published in accordance with the
provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules,
2011 that require publishing the rules and regulations, privacy policy and Terms of Use for
access or usage of www.Kakehotel.in website and Food
Destination application for mobile and handheld devices.
Terms of
Use
- 1. These terms of use
(the "Terms of
Use") govern your use of
our website www.Kakehotel.in (the "Website") and our "Food
Destination" application for mobile and handheld devices (the
"App"). The Website and the
App are jointly referred to as the "Platform". Please read these
Terms of Use carefully before you use the services. If you do not agree to these Terms
of Use, you may not use the services on the Platform, and we request you to uninstall
the App. By installing, downloading or even merely using the Platform, you shall be
contracting with Food Destination and you signify your acceptance to this Terms of Use
and other Food Destination policies (including but not limited to the Cancellation &
Refund Policy, Privacy Policy and Take Down 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.
- 2. The Platform is
owned and operated by Food Destination, having its registered office at HL 5, Jail Road,
Hari Nagar, New Delhi 110058, India. For the purpose of these Terms of Use, wherever the
context so requires, "you", “user”, or “User” shall
mean any natural or legal person who shall transact on the Platform by providing
registration data while registering on the Platform as a registered user using any
computer systems. The terms "Food Destination", "we", "us"
or "our" shall mean Food Destination Online Food Private Limited.
- 3. Food Destination
enables transactions on its Platform between participating restaurants/merchants and
buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other
products and services ("Platform
Services"). The buyers
("Buyer/s") can choose and place
orders ("Orders") from a variety of
products and services listed and offered for sale by various merchants including but not
limited to the restaurants, eateries and grocery stores ("Merchant/s"), on the Platform.
Further, the Buyer can also place Orders for undertaking certain tasks on the Platform
(“Tasks”).
- 4. Food Destination
enables delivery of such Orders or completion of Tasks at select localities of
serviceable cities across India ("Delivery
Services") by connecting third
party service providers i.e. Delivery Associates (“DA”) who will be
responsible for providing the pick-up and delivery services and completing Tasks
initiated by the users of the Platform (Buyers or Merchants). The Platform Services and
Delivery Services are collectively referred to as "Services". For both Platform
Services and Delivery Services, Food Destination is merely acting as an intermediary
between the Merchants and Buyers and/or DAs and Buyers/Merchants.
DAs are
individual entrepreneurs engaged with Food Destination on a voluntary, non-exclusive and
principal to principal basis to provide aforementioned services for service fee. DAs are
independent contractors and are free to determine their timings of work. Food
Destination does not exercise control on the DAs and the relationship between the DAs
and Food Destination is not that of an agent and principal or employee and
employer.
- 5. For the pickup and
delivery services and completing the Tasks, DAs may charge the users of the Platform
(Buyers or Merchants), 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/Tasks, real time
analysis of traffic and weather conditions, seasonal peaks or such other parameters as
may be determined from time to time.
- 6. Amendments
These Terms of Use are subject to
modifications. We reserve the right to modify or change these Terms of Use and other Food
Destination policies at any time by posting modified documents on the Platform and notifying
you of the same for your perusal. 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 Food Destination policies and note the changes made on the
Platform. Your continued usage of the Services after any change is posted constitutes your
acceptance of the amended Terms of Use and other Food Destination policies. As long as you
comply with these Terms of Use, Food Destination 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 Food Destination policies (including but not limited to Cancellation & Refund
Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform
from time to time.
- 7. Use of Platform and
Services
- 1. All
commercial/contractual terms are offered by and agreed to between Buyers and
Merchants alone with respect to products and services being offered by the
Merchants. The commercial/contractual terms include without limitation price,
applicable taxes, shipping costs, payment terms, date, period and mode of
delivery, warranties related to products and services and after sales services
related to products and services. Food Destination 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 Buyers and
Merchants. Food Destination may, however, offer support services to Merchants in
respect to Order fulfilment, mode of payment, payment collection, call centre
support and other ancillary services, pursuant to independent contracts executed
by Food Destination with the Merchants. The price of the product and services
offered by the Merchant are determined by the Merchant itself and Food
Destination has no role to play in such determination of price in any way
whatsoever.
- 2. Upon acceptance of
any Order or Task by the DAs, the pickup and delivery services or Task completion
services (as the case may be) undertaken by him/her, shall constitute a separate
contract for services between Merchants/Buyers and DAs. Food Destination shall not be
responsible for the services provided by DA to Merchants/Buyers through the Platform.
Food Destination may, however, offer support services to DAs in respect of Order
fulfilment, payment collection, call centre support, and other ancillary services,
pursuant to independent contracts executed by Food Destination with the DAs.
- 3. Food
Destination does not make any representation or warranty as to the
item-specifics (such as legal title, creditworthiness, identity, etc.) of any of
the Merchants. You are advised to independently verify the bona fides of any
particular Merchant that you choose to deal with on the Platform and use your
best judgment on that behalf. All Merchant offers and third-party offers are
subject to respective party terms and conditions. Food Destination takes no
responsibility for such offers.
- 4. Food Destination
neither make any representation or warranty as to specifics (such as quality, value,
saleability, etc.) of the products or 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 any products or services on the Platform. Food Destination accepts
no liability for any errors or omissions, whether on behalf of itself or third
parties.
- 5. Food Destination
does not make any representation or warranty with respect to any aspect of the services
being provided by the DAs through the Platform including but not limited to pick up and
delivery services and Task completion services to the Merchants or Buyers as the case
may be.
- 6. Food Destination is
not responsible for any non-performance or breach of any contract entered into between
Buyers and Merchants, and between Merchants/Buyers and DA on the Platform. Food
Destination cannot and does not guarantee that the concerned Buyers, Merchants and DAs
will perform any transaction concluded on the Platform. Food Destination is not
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.
- 7. Food Destination is
operating an online marketplace and assumes the role of facilitator, and does not at any
point of time during any transaction between Buyer and Merchant and/or Buyer and DA on
the Platform come into or take possession of any of the products or services offered by
Merchant or DA. At no time shall Food Destination hold any right, title or interest over
the products nor shall Food Destination have any obligations or liabilities in respect
of such contract entered into between Buyer and Merchant and/or Buyer and DA.
- 8. Food Destination is
only providing a platform for communication and it is agreed that the contract for sale
of any of the products or services shall be a strictly bipartite contract between the
Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy,
quality, or any other such issues, Food Destination shall notify the same to Merchant
and shall also redirect the Buyer to the consumer call center of the Merchant. The
Merchant shall be liable for redressing Buyer complaints. In the event you raise any
complaint on any Merchant accessed using our Platform, we shall assist you to the best
of our abilities by providing relevant information to you, such as details of the
Merchant and the specific Order to which the complaint relates, to enable satisfactory
resolution of the complaint with the said Merchant.
- 9. Similar to the
above, Food Destination is only providing a platform for communication with DA and does
not provide any pick-up and delivery services or Task completion services with respect
to the Orders placed by Merchants/Buyers on the Platform as it is merely facilitating
Delivery Services by connecting the Merchants/Buyers with the DA through the Platform.
In case of complaints by the Merchants/Buyers for deficiency or lapse in the delivery
services or Task completion services provided by DA, Food Destination shall notify the
same to the DA and also assist Merchants/Buyers to the best of its abilities to enable
satisfactory resolution of the complaint.
- 10. Please note that
there could be risks in dealing with underage persons or people acting under false
pretence.
- 11. Food Destination -
Use of the Website and 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, paedophilic, libellous,
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, paedophilia, 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
libellous;
- 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, Food Destination's
prior written consent means a communication coming from Food Destination's Legal
Department, 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. contains software
viruses or any other computer code, files or programs designed to interrupt, destroy or
limit the functionality of any computer resource; or contains any trojan horses, worms,
time bombs, cancelbots, easter eggs or other computer programming routines that may
damage, detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system, data or personal information;
- 25. 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;
- 26. is false,
inaccurate or misleading;
- 27. 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
- 28. creates liability
for us or causes us to lose (in whole or in part) the services of our internet service
provider or other suppliers.
- 2. You shall not use
any "deep-link", "page-scrape", "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 Platform or any Content, or in any way reproduce or circumvent the navigational
structure or presentation of the Platform or any Content, to obtain or attempt to obtain
any materials, documents or information through any means not purposely made available
through the Platform. We reserve our right to prohibit any such activity.
- 3. 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.
- 4. 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 Buyer,
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.
- 5. You shall not make
any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand
name or domain name used by us including the name 'Food Destination', or
otherwise engage in any conduct or action that might tarnish the image or reputation, of
Food Destination or Merchant on platform or otherwise tarnish or dilute any Food
Destination's trade or service marks, trade name and/or goodwill associated with
such trade or service marks, as may be owned or used by us. You agree that you will not
take any action that imposes an unreasonable or disproportionately large load on the
infrastructure of the Platform or Food Destination's systems or networks, or any
systems or networks connected to Food Destination.
- 6. You agree not to
use any device, software or routine to interfere or attempt to interfere with the proper
working of the Platform or any transaction being conducted on the Platform, or with any
other person's use of the Platform.
- 7. You may not forge
headers or otherwise manipulate identifiers in order to disguise the origin of any
message or transmittal you send to us on or through the Platform or any service offered
on or through the Platform. You may not pretend that you are, or that you represent,
someone else, or impersonate any other individual or entity.
- 8. 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 Food Destination and/or others.
- 9. You shall at all
times ensure full compliance with the applicable provisions, as amended from time to
time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all
applicable domestic laws, rules and regulations (including the provisions of any
applicable exchange control laws or regulations in force); and (c) international laws,
foreign exchange laws, statutes, ordinances and regulations (including, but not limited
to sales tax/VAT, income tax, octroi, service tax, central excise, custom duty, local
levies) regarding your use of our service and your listing, purchase, solicitation of
offers to purchase, and sale of products or services. 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.
- 10. 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.
- 11. From time to time,
you shall be responsible for providing information relating to the products or services
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 products or services so as to mislead other users in any
manner.
- 12. You shall not
engage in advertising to, or solicitation of, other users of the Platform to buy or sell
any products or services, including, but not limited to, products or services related to
that being displayed on the Platform or related to us. 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. In order to protect our users from such advertising or solicitation,
we reserve the right to restrict the number of messages or emails which a user may send
to other users in any 24-hour period which we deem appropriate in its sole discretion.
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.
- 13. We reserve the
right, but has no obligation, to monitor the materials posted on the Platform. Food
Destination shall have the right to remove or edit any content that in its 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 PLATFORM AND IN YOUR
PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily
reflect Food Destination views. In no event shall Food Destination 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 Platform. 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.
- 14. 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.
- 15. 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 also is 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.
- 16. Food Destination
shall have all the rights to take necessary action and claim damages that may occur due
to your involvement/participation in any way on your own or through group/s of people,
intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking,
pen testing attempts without our prior consent or a mutual legal agreement.
- 8. Account
Registration
- 1. You may access the
Platform by registering to create an account (" Food Destination
Account") and become a member
(" Membership"); or (c) you can also
register to join by logging into your account with certain third party social networking
sites ("SNS") (including, but not
limited to, Facebook); each such account, a " Third Party
Account", via our Platform, as
described below. The Membership is limited for the purpose and are subject to the terms,
and strictly not transferable. As part of the functionality of the Platform services,
you may link your Food Destination Account with Third Party Accounts, by either:
- 1. providing
your Third Party Account login information to us through the Platform; or
- 2. allowing us to
access your Third-Party Account, as is permitted under the applicable terms and
conditions that govern your use of each Third-Party Account.
- 2. You represent that
you are entitled to disclose your Third Party Account login information to us and/or
grant us access to your Third Party Account (including, but not limited to, for use for
the purposes described herein), without breach by you of any of the terms and conditions
that govern your use of the applicable Third Party Account and without obligating us to
pay any fees or making us subject to any usage limitations imposed by such third party
service providers.
- 3. By granting us
access to any Third-Party Accounts, you understand that we will access, make available
and store (if applicable) any content or information that you have provided to and
stored in your Third-Party Account (" SNS
Content") so that it is
available on and through the Platform via your Food Destination Account.
- 4. Unless otherwise
specified in these Terms of Use, all SNS Content, if any, will be considered to be your
content for all purposes of these Terms of Use.
- 5. Depending on the
Third-Party Accounts, you choose, and subject to the privacy settings that you have set
in such Third-Party Accounts, personally identifiable information that you post to your
Third-Party Accounts will be available on and through your Food Destination Account on
the Platform.
- 6. Please note that if
a Third-Party Account or associated service becomes unavailable or our access to such
Third-Party Account is terminated by the third-party service provider, then SNS Content
will no longer be available on and through the Platform.
- 7. We will create your
Food Destination Account for your use of the Platform services based upon the personal
information you provide to us or that we obtain via SNS, as described above. You can
only have one Food Destination Account and are not permitted to create multiple
accounts. Food Destination reserves the right to suspend such multiple accounts without
being liable for any compensation where you have created multiple accounts on the
Platform.
- 8. You agree to
provide accurate, current and complete information during the registration process and
update such information to keep it accurate, current and complete.
- 9. We reserve the
right to suspend or terminate your Food Destination 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 Food Destination
policies.
- 10. 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 Food Destination Account, whether or not you have
authorized such activities or actions. You will immediately notify us of any
unauthorized use of your Food Destination Account.
- 11. Goods and services
purchased from 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.
- 9. Order Booking and
Financial Terms
- 1. The Platform allows
the Buyers to place Orders and upon acceptance of such Orders by the Merchants, Food
Destination will, subject to the terms and conditions set out herein, facilitates
delivery of goods or services, or completion of Tasks through DA.
- 2. Food
Destination does not own, sell, resell on its own such products offered by the
Merchants, and/or does not control the Merchants or the related services
provided in connection thereof. Buyer 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, product availability, delivery location
serviceability, and acceptance of Orders by Merchants/DAs.
- 3. As a general rule,
all Orders placed on the Platform and Delivery Services are treated as confirmed.
- 4. However, upon
Buyer’s successful completion of booking an Order, we may call the Buyer on the
telephone or mobile number provided to confirm the details of such Order, price to be
paid and the estimated delivery time. For this purpose, Buyer will be required to share
certain information with us, including but not limited to Buyer’s (i) first and
last name (ii) mobile number; and (iii) email address. It shall be Buyer’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 Merchant. Please note that any
change or confirmation of the Order shall be treated as final. It is clarified that Food
Destination reserves the right to not to process Buyer's Order in the event Buyer
or Merchant or DA 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 Policy 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;
(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 Food Destination 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, Food Destination is neither acting as trustees nor acting in a fiduciary
capacity with respect to the transaction or the transaction price.
- 7. Buyers acknowledge
and agree that Food Destination acts as the Merchant's and DA’s payment agent
for the limited purpose of accepting payments from Buyers/Merchants on behalf of the
Merchant or DA, as the case may be. Upon your payment of amounts to us, which are due to
the Merchant or DA, your payment obligation to the Merchant or DA for such amounts is
completed, and we are responsible for remitting such amounts to the Merchant or DA. You
shall not, under any circumstances whatsoever, make any payment directly to the Merchant
for Order bookings or to the DA for delivery of the Order or completion of the Task made
using the Platform.
- 8. Buyer agrees to pay
for the total amount for the Order placed on the Platform. Food Destination will collect
the total amount in accordance with these Terms of Use and the pricing terms set forth
in the applicable listing of product or restaurant service for the particular Merchant,
apart from the delivery fees for Delivery Services. Please note that we cannot control
any amount that may be charged to Buyer by his/her bank related to our collection of the
total amount, and we disclaim all liability in this regard.
- 9. In connection with
Buyer’s Order, he/she 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. Buyer agrees to pay us for the Order placed by you on the Platform,
in accordance with these Terms, using the methods described under clause VIII (6) above.
Buyer hereby authorizes the collection of such amounts by charging the credit card
provided as part of requesting the booking, either directly by us or indirectly, via a
third-party online payment processor or by one of the payment methods described on the
Platform. If Buyer 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 Merchant and DA (if registered for tax purposes) to the Buyer
along with the Order and Food Destination is merely collecting the payment on behalf of
such Merchant and DA. All applicable taxes and levies, the rates thereof and the manner
of applicability of such taxes on the bill are being charged and determined by the
Merchant and DA. Food Destination holds no responsibility for the legal
correctness/validity of the levy of such taxes. The sole responsibility for any legal
issue arising on the taxes shall reside with the Merchant and the DA.
- 11. The prices
reflected on the Platform, including packaging or handling charges, are determined
solely by the Merchant and are listed based on Merchant's information. Very rarely,
prices may change at the time of placing Order due to Merchant changing the menu price
without due intimation and such change of price are at the sole discretion of the
Merchant attributing to various factors beyond control.
Disclaimer:
Prices on any product(s) as reflected on the Platform may due to some technical issue,
typographical error or product information supplied by Merchant be incorrectly reflected
and in such an event Merchant may cancel Buyer’s Order(s).
- 12. The Merchant shall
be solely responsible for any warranty/guarantee of the goods or services sold to the
Buyers and in no event shall be the responsibility of Food Destination.
- 13. The transactions
are bilateral between the Merchant and Buyer, and between Merchant/Buyer and DA,
therefore, Food Destination is not liable to charge or deposit any taxes applicable on
such transactions.
- 10. Cancellations and
Refunds
Please refer to the Cancellation
and Refund Policy for cancellation and refunds terms in relation to usage of the Platform
for availing Services.
- 11. Terms of
service
- 1. The Buyer
agrees and acknowledges that Food Destination shall not be responsible
for:
- 3. The
services or goods provided by the Merchants including but not limited to
serving of food Orders suiting your requirements and taste;
- 4. The Merchant's
services or goods, or services provided by DAs not being up to Buyer expectations or
leading to any loss, harm or damage to him/her;
- 5. The
availability or unavailability of certain items on the menu;
- 6. The Merchant
serving the incorrect Orders; or
- 7. Product liability
of goods provided by Merchants.
- 2. The details of the
menu and price list available on the Platform with respect to restaurant services, goods
or any other services are based on the information provided by the Merchants and Food
Destination shall not be responsible for any change or cancellation or
unavailability.
- 3. Buyers and
Merchants agree and acknowledge that Food Destination is not responsible for any
liability arising out of delivery services provided by DA to them.
- 4. Buyers may not be
able to avail Services if their delivery location is outside Food Destination’s
current scope of Service. Food Destination will keep the Buyer informed of the same at
the time of confirming his/her Order booking.
- 5. Buyer 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 DAs and Merchants. Food Destination
will not be responsible for any delay in the delivery of an Order.
- 6. Buyer understands
that there are certain Merchants who undertake delivery of their goods and services to
the Buyer and the Merchant may charge the Buyer for such service. Food Destination
exercises no control on such delivery services and same shall be under the control of
Merchant alone and hence all or any disputes arising out of such delivery services shall
be between Buyer and Merchant alone. Food Destination shall not be responsible for such
delivery services and assumes no liability for disputes arising out of the same.
- 7. Buyer’s Order
will be only delivered to the address designated by him/her at the time of placing the
Order on the Platform. Buyer’s Order will be cancelled in the event of any change
of the address as informed by the DA and Buyer 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 DA or sole discretion of Food Destination.
- 8. The Buyer 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 Buyer,
the goods or services shall be deemed to have been delivered to the Buyer and all risk
and responsibility in relation thereto shall pass to the Buyer without being entitled to
any refund.
- 9. The Buyer
understands that Food Destination’s (including Merchant’s and DA’s)
liability ends once Order has been delivered to him/her, except where the product
liability of the Merchant subsists.
- 10. Services
provided:
- 1. You agree
and acknowledge that Food Destination shall be liable in the event you have
failed to adhere to the Terms of Use.
- 2. Buyer 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, Buyer agrees to provide correct and
accurate credit/ debit card details to the approved payment gateways for availing the
Services. Buyer shall not use the credit/ debit card which is not lawfully owned by
Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The
information provided by the Buyer will not be utilized or shared with any third party
unless required in relation to fraud verifications or by law, regulation or court order.
Buyer shall be solely responsible for the security and confidentiality of his/her
credit/ debit card details. We expressly disclaim all liabilities that may arise as a
consequence of any unauthorized use of your credit/ debit card.
- 11. Food Destination
does not offer any refunds against goods or services already purchased from a Merchant
or DA through the Platform unless an error that is directly attributable to Food
Destination has occurred during the purchase of such product or services.
- 12. 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.
- 13. If you use the
Platform, you do the same at your own risk.
- 14. Buyer agrees that
the Services shall be provided through the Platform only during the working hours of the
relevant Merchants and DAs.
- 12. No
Endorsement
- 1. We do not endorse
any Merchant. 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.
- 13. General:
- 1. Persons who are
"incompetent to contract" within the meaning of the Indian Contract Act, 1872
including minors, un-discharged insolvents etc. are not eligible to use the Platform.
Only individuals who are 18 years of age or older may use the Platform and avail
Services. If you are under 18 years of age and you wish to download, install, access or
use the Platform, your parents or legal guardian must acknowledge and agree to the Terms
of Use and Privacy Policy. Should your parents or legal guardian fail to agree or
acknowledge the Terms of Use and Food Destination policies, you shall immediately
discontinue its use. Food Destination reserves the right to terminate your Membership
and / or deny access to the platform if it is brought to Food Destination's notice
that you are under the age of 18 years.
- 2. If you
choose to use the Platform, it shall be your responsibility to treat your user
identification code, password and any other piece of information that we may
provide, as part of our security procedures, as confidential and not disclose
the same to any person or entity other than us. We shall at times and at our
sole discretion reserve the right to disable any user identification code or
password if you have failed to comply with any of the provisions of these Terms
of Use.
- 3. As we are providing
services in the select cities in India, we have complied with applicable laws of India
in making the Platform and its content available to you. In the event the Platform is
accessed from outside India or outside our delivery zones, it shall be entirely at your
risk. We make no representation that the Platform and its contents are available or
otherwise suitable for use outside select cities. If you choose to access or use the
Platform from or in locations outside select cities, you do so on your own and shall be
responsible for the consequences and ensuring compliance of applicable laws,
regulations, byelaws, licenses, registrations, permits, authorisations, rules and
guidelines.
- 4. You shall at all
times be responsible for the use of the Services through your computer or mobile device
and for bringing these Terms of Use and Food Destination policies to the attention of
all such persons accessing the Platform on your computer or mobile device.
- 5. You understand and
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.
- 6. You agree and grant
permission to Food Destination to receive promotional SMS and e-mails from Food
Destination or allied partners. In case you wish to opt out of receiving promotional SMS
or email please send a mail to nirmal@fooddestination.net
- 7. By using the
Platform, you represent and warrant that:
- 1. All
registration information you submit is truthful, lawful and accurate and that
you agree to maintain the accuracy of such information.
- 2. Your use of the
Platform shall be solely for your personal use and you shall not authorize others to use
your account, including your profile or email address and that you are solely
responsible for all content published or displayed through your account, including any
email messages, and your interactions with other users and you shall abide by all
applicable local, state, national and foreign laws, treaties and regulations, including
those related to data privacy, international communications and the transmission of
technical or personal data.
- 3. 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.
- 4. All necessary
licenses, consents, permissions and rights are owned by you and there is no need for any
payment or permission or authorization required from any other party or entity to use,
distribute or otherwise exploit in all manners permitted by these Terms of Use and
Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and
publicity rights and / or other proprietary rights contained in any content that you
submit, post, upload, distribute or otherwise transmit or make available.
- 5. You will not (a)
use any services provided by the Platform for commercial purposes of any kind, or (b)
advertise or sell any products, services or otherwise (whether or not for profit), or
solicit others (including, without limitation, solicitations for contributions or
donations) or use any public forum for commercial purposes of any kind. In the event you
want to advertise your product or service contact nirmal@fooddestination.net .
- 6. You will not use
the Platform in any way that is unlawful, or harms us or any other person or entity, as
determined in our sole discretion.
- 7. 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.
- 8. 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. You will not engage
in any form of antisocial, disrupting, or destructive acts, including
"flaming," "spamming," "flooding," "trolling,"
and "griefing" as those terms are commonly understood and used on the
Internet.
- 10. You will not
delete or modify any content of the Platform, including but not limited to, legal
notices, disclaimers or proprietary notices such as copyright or trademark symbols,
logos, that you do not own or have express permission to modify.
- 11. 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.
- 12. You shall not
access the Platform without authority or use the Platform in a manner that damages,
interferes or disrupts:
- 1. any part of
the Platform or the Platform software; or
- 2. any equipment or
any network on which the Platform is stored or any equipment of any third party
- 8. You release and
fully indemnify Food Destination and/or any of its officers and representatives from any
cost, damage, liability or other consequence of any of the actions of the Users of the
Platform and specifically waive any claims that you may have in this behalf under any
applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Food
Destination cannot take responsibility or control the information provided by other
Users which is made available on the Platform. You may find other User's
information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use
caution and practice safe trading when using the Platform.
- 14. Access to the
Platform, Accuracy and security
- 1. We endeavour to
make the Services available during Merchant or DA working hours. However, we 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.
- 2. We do not
warrant that the Platform 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 Platform or your obtaining any material
from, or as a result of using, the Platform. We shall also not be liable for the
actions of third parties.
- 3. We do not represent
or warranty that the information available on the Platform will be correct, accurate or
otherwise reliable.
- 4. 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.
- 19. Relationship with
operators if the Platform is accessed on mobile devices
- 1. In the
event the Platform is accessed on a mobile device, it is not associated,
affiliated, sponsored, endorsed or in any way linked to any platform operator,
including, without limitation, Apple, Google, Android or RIM Blackberry (each
being an " Operator").
- 2. Your download,
installation, access to or use of the Platform is also bound by the terms and conditions
of the Operator.
- 3. You and we
acknowledge that these Terms of Use are concluded between you and Food
Destination only, and not with an Operator, and we, not those Operators, are
solely responsible for the Platform and the content thereof to the extent
specified in these Terms of Use.
- 4. The license granted
to you for the Platform is limited to a non-transferable license to use the Platform on
a mobile device that you own or control and as permitted by these Terms of Use.
- 5. We are solely
responsible for providing any maintenance and support services with respect to the
Platform as required under applicable law. You and we acknowledge that an Operator has
no obligation whatsoever to furnish any maintenance and support services with respect to
the Platform.
- 6. You and we
acknowledge that we, not the relevant Operator, are responsible for addressing any
claims of you or any third party relating to the Platform or your possession and/or use
of the Platform, including, but not limited to: (i) any claim that the Platform fails to
conform to any applicable legal or regulatory requirement; and (ii) claims arising under
consumer protection or similar legislation.
- 7. You and we
acknowledge that, in the event of any third-party claim that the Platform or your
possession and use of the Platform infringes that third party's intellectual
property rights, we, not the relevant Operator, will be solely responsible for the
investigation, defence, settlement and discharge of any such intellectual property
infringement claim.
- 8. You must comply
with any applicable third-party terms of agreement when using the Platform (e.g. you
must ensure that your use of the Platform is not in violation of your mobile device
agreement or any wireless data service agreement).
- 9. You and we
acknowledge and agree that the relevant Operator, and that Operator's subsidiaries,
are third party beneficiaries of these Terms of Use, and that, upon your acceptance of
these Terms of Use, that Operator will have the right (and will be deemed to have
accepted the right) to enforce these Terms of Use against you as a third-party
beneficiary thereof.
- 20. Disclaimers
- 1. THE PLATFORM MAY BE
UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY
OPERATIONAL.
- 2. DUE TO THE
VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO
THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE
SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED
ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A
RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY
CASE.
- 3. WE EXPRESSLY
DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF
CREDIT/ DEBIT CARDS.
- 4. YOU ACKNOWLEDGE
THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS
OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE
THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO
TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S
SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS
ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY
LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY
THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US
WITH RESPECT TO THIRD PARTY'S / MERCHANT’S/ DA’S SERVICES.
- 5. FOOD DESTINATION
DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS
INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR
DA.
- 6. WHILE THE MATERIALS
PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE
SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE
WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES
WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS,
EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY,
ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU
OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH
INFORMATION.
- 7. THE INFORMATION
PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO
WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY,
EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE
INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY
USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF
USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS
OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS
WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND
EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
- 8. WE SHALL NOT BE
LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE
INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES,
AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION
TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
- 9. IN NO EVENT WILL WE
BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL
INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS
INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT
ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER
LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
- 21. Intellectual
property
- 1. We are
either the owner of intellectual property rights or have the non-exclusive,
worldwide, perpetual, irrevocable, royalty free, sub-licensable (through
multiple tiers) right to exercise the intellectual property, in the Platform,
and in the material published on it including but not limited to user interface,
layout format, Order placing process flow and any content thereof.
- 2. You recognize that
Food Destination is the registered owner of the word mark ‘Kake da Hotel Jail
Road’ and the logo
including but not limited to its variants (IPR) and shall not directly or
indirectly, attack or assist another in attacking the validity of, or Food
destination’s or its affiliates proprietary rights in, the licensed marks or any
registrations thereof, or file any applications for the registration of the licensed
marks or any names or logos derived from or confusingly similar to the licensed marks,
any variation thereof, or any translation or transliteration thereof in another
language, in respect of any products/services and in any territory throughout the world.
If you become aware or acquire knowledge of any infringement of IPR you shall report the
same at nirmal@fooddestination.net with all relevant
information.
- 3. You may
print off one copy, and may download extracts, of any page(s) from the Platform
for your personal reference and you may draw the attention of others within your
organisation to material available on the Platform.
- 4. 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.
- 5. 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.
- 6. If you print off,
copy or download any part of the Platform in breach of these Terms of Use, your right to
use the Platform will cease immediately and you must, at our option, return or destroy
any copies of the materials you have made.
- 22. Treatment of information
provided by you
We process information provided
by you to us in accordance with our Privacy Policy.
- 23. Third Party
Content
- 1. We cannot
and will not assure that other users are or will be complying with the foregoing
rules or any other provisions of these Terms of Use, and, as between you and us,
you hereby assume all risk of harm or injury resulting from any such lack of
compliance.
- 2. You acknowledge
that when you access a link that leaves the Platform, the site you will enter into is
not controlled by us and different terms of use and Privacy Policy may apply. By
assessing links to other sites, you acknowledge that we are not responsible for those
sites. We reserve the right to disable links to and / or from third-party sites to the
Platform, although we are under no obligation to do so.
- 24. Severability
If any of these Terms of Use
should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws
of any state or country in which these Terms of Use are intended to be effective, then to
the extent and within the jurisdiction where that term is illegal, invalid or unenforceable,
it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full
force and effect and continue to be binding and enforceable.
You shall not assign or transfer
or purport to assign or transfer the contract between you and us to any other person.
- 26. Governing law and dispute
resolution
These Terms of Use are governed
by the laws of India. Any action, suit, or other legal proceeding, which is commenced to
resolve any matter arising under or relating to this Platform, shall be subject to the
jurisdiction of the courts at Bangalore, India.
- 27. IP Notice and Take Down
Policy
- 1. Food
Destination has put in place IP Notice and Take Down Policy
(" Take Down
Policy") so that
intellectual property owners could easily report listings that infringe their
right to ensure that infringing products are removed from the site, as they
erode Buyer and good Seller trust.
- 2. Only the
intellectual property rights owner can report potentially infringing products or
listings through Take Down Policy by way of Notice of infringement in the specified
format. If you are not the intellectual property rights owner, you can still help by
getting in touch with the rights owner and encouraging them to contact us.
- 3. Note: Food
Destination does not and cannot verify that Merchants have the right or ability to sell
or distribute their listed products or services. However, Food Destination is committed
to ensure that item listings do not infringe upon intellectual property rights of third
parties once an authorized representative of the rights owner properly reports them to
Food Destination.
- 28. Contact
Us
Please contact us
at nirmal@fooddestination.net for any questions or
comments (including all inquiries unrelated to copyright infringement) regarding this
Platform.
Grievance Officer/Nodal
Officer
In accordance with (1)
Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection
(E-Commerce) Rules 2020l the name and contact details of the Grievance Officer/Nodal
Officer is provided below:
Mr. Nirmalendu Mishra
Food Destination
Reg Office: HL 5, Jail Road, Hari
Nagar,
New Delhi, 110058, India
Phone: +91 - 9810917566
Email: nirmal@fooddestination.net
Time: Monday - Friday (10:00 -
18:00)