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Terms & Condititions

TERMS & CONDITIONS

I. Acceptance of terms

Thank you for using FoodiaQ These Terms of Service (the “Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the FoodiaQ website at www.FoodiaQ.com (the “Site”) and any related mobile or software applications (“FoodiaQ Platform”) including but not limited to delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the “Services”).

These Terms are effective for all existing and future FoodiaQ customers.

By accessing or using the FoodiaQ Platform, you are agreeing to these Terms and concluding a legally binding contract with FoodiaQ You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the FoodiaQ Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

Clicking to accept or agree to the Terms, where it is made available to you by FoodiaQ in the user interface for any particular Service; or Actually using the Services. In this case, you understand and agree that FoodiaQ will treat your use of the Services as acceptance of the Terms from that point onwards.

II. Definitions

Customer

“Customer” or “You” or “Your” refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures.

Content

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

Home Chef(s)

“Home Chefs” means the Chefs listed on FoodiaQ Platform.

III. Eligibility to use the services

  1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
  2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

IV. Changes to the terms

FoodiaQ may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of FoodiaQ Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

V. Provision of the services being offered by FoodiaQ

  1. FoodiaQ is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which FoodiaQ provides, may require affecting certain changes in it, therefore, FoodiaQ reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
  2. You acknowledge and agree that if FoodiaQ disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
  3. By using FoodiaQ’s Services you agree to the following disclaimers:
    • The Content on these Services is for informational purposes only. FoodiaQ disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. FoodiaQ reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. FoodiaQ does not guarantee the quality of the Goods, the prices listed in menus or the availability of all menu items. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of FoodiaQ.
  4. FoodiaQ reserves the right to charge a subscription and/or membership and/or a convenience fee from a Customer, by giving reasonable prior notice, in respect of any product, service or any other aspect of the FoodiaQ Platform anytime in future.
  5. FoodiaQ may from time to time introduce referral and/or incentive based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the FoodiaQ Platform terms. Further, FoodiaQ reserves the right to terminate / suspend the Customer’s account and/or credits / points earned and/or participation of the Customer in the Program if FoodiaQ determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or FoodiaQ Platform terms or has engaged in activities which are fraudulent / unlawful in nature. Furthermore, FoodiaQ reserves the right to modify, cancel and discontinue its Program without notice to the Customer.

VI. Use of services by you or Customer

    1. FoodiaQ Customer Account
      • You must create an account in order to use some of the features offered by the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
      • You may also be able to register to use the Services by logging into your account with your credentials from certain third party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information, and other information that may be available on or through your social media account consistent with your applicable settings and instructions.
      • You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your FoodiaQ account for any purpose and that you will be liable for such unauthorized access.
      • By creating an account, you agree to receive certain communications in connection with FoodiaQ Platform or Services.

VII. Content

  1. Ownership of FoodiaQ Content and Proprietary Rights
    • FoodiaQ is the sole and exclusive copyright owner of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights associated with the Services and FoodiaQ Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by FoodiaQ and that you shall not disclose such information without FoodiaQ’s prior written consent.
    • You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of FoodiaQ; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the FoodiaQ’s Content in whole or in part except as expressly authorized by FoodiaQ.
  2. Your License to FoodiaQ Content
    • We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of FoodiaQ Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, FoodiaQ Content or our IP Rights.
  3. Content Removal
    We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances.
  4. Third Party Content and Links
    • FoodiaQ has no control over, and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness or quality of any product, services, advertisements and other content appearing in or linked to from the Services. We do not screen or investigate third party material before or after including it on our Services.
    • We reserve the right, in our sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and without any obligation, verify any updates, modifications, or changes to any content accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that FoodiaQ is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
    • Third party content, including content posted by our Customers, does not reflect our views or that of our parent, subsidiary, affiliate companies, branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or licensors of such third party content. We assume no responsibility or liability for any of Your Content or any third party content.
    • You further acknowledge and agree that FoodiaQ is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
  5. Customer Reviews
    • Customer reviews or ratings do not reflect the opinion of FoodiaQ. FoodiaQ receives multiple reviews or ratings by Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on FoodiaQ is the personal opinion of the Customer/reviewer only.

VIII. Content guidelines and privacy policy

  1. Content Guidelines
    You represent that you have read, understood and agreed to our Guidelines and Polices related to Content
  2. Privacy Policy
    You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public

IX. Restrictions on use

  1. 1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:
    a. Violate our Guidelines and Policies;
    b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another’s privacy, relating or encouraging money laundering or gambling;
    c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
    d. Contains material that violates the standards of good taste or the standards of the Services;
    e. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
    f. Accuses others of illegal activity, or describes physical confrontations;
    g. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
    h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
    i. Attempts to impersonate another person or entity;
    j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
    k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
    l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
    m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
    n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
    o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
    p. Accesses or uses the account of another customer without permission;
    q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;
    r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
    s. “Hacks” or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
    t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);
    u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
    v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;
    w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
    x. Collects, accesses, or Home Chefs personal information about other Customers of the Services;
    y. Is posted by a bot;
    z. Harms minors in any way;
    aa. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;
    ab. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
    ac. Attempts to do any of the foregoing.
    ad. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
  2. You acknowledge that FoodiaQ has no obligation to monitor your – or anyone else’s – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
  3. You hereby agree and assure FoodiaQ that the FoodiaQ Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of FoodiaQ in any form or manner whatsoever.
  4. Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the FoodiaQ Platform, FoodiaQ shall have the right to immediately block your access and usage of the FoodiaQ Platform and FoodiaQ shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

X. Customer feedback

  1. If you share or send any ideas, suggestions, changes or documents regarding FoodiaQ’s existing business (“Feedback”), you agree that (i) your Feedback does not contain the confidential, secretive or proprietary information of third parties, (ii) FoodiaQ is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) FoodiaQ may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive, against FoodiaQ and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
  2. Please provide only specific Feedback on FoodiaQ’s existing products or marketing strategies; do not include any ideas that FoodiaQ’s policy will not permit it to accept or consider.
  3. Notwithstanding the above mentioned clause, FoodiaQ or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to FoodiaQ or any of its employees.
  4. The purpose of this policy is to avoid potential misunderstandings or disputes when FoodiaQ’s products or marketing strategies might seem similar to ideas submitted to FoodiaQ. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
  5. Terms of Idea Submission
    You agree that: (1) your Submissions and their Contents will automatically become the property of FoodiaQ, without any compensation to you; (2) FoodiaQ may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for FoodiaQ to review the Submission; and (4) there is no obligation to keep any Submissions confidential.

XI. Advertising

  1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information Home Chefs on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by FoodiaQ on the Services are subject to change without specific notice to you. In consideration for FoodiaQ granting you access to and use of the Services, you agree that FoodiaQ may place such advertising on the Services.
  2. Part of the site may contain advertising information or promotional material or other material submitted to FoodiaQ by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the FoodiaQ Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than FoodiaQ found on or through the FoodiaQ Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such advertiser. FoodiaQ will not be responsible or liable for any error or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the FoodiaQ Platform and mobile application.

XII. Additional Terms and Conditions for Customers using the various services offered by FoodiaQ:

  1. ONLINE ORDERING:
    • FoodiaQ provides online ordering services by entering into contractual arrangements with “Home Chefs” on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for online ordering by the Customers on the FoodiaQ Platform.
    • The Customers can access the menu items or Products listed on the FoodiaQ Platform and place online orders through FoodiaQ.
    • Your request to order food and beverages or on the FoodiaQ Platform shall constitute an unconditional and irrevocable authorization issued in favour of FoodiaQ to place online orders for food and beverages or Products against the Home Chefs(s) on your behalf.
    • Delivery of an order placed by you through the FoodiaQ Platform may either be undertaken directly by the Home Chefs against whom you have placed an order, or facilitated by FoodiaQ through a third-party who may be available to provide delivery services to you (“Delivery Partners”). In both these cases, FoodiaQ is merely acting as an intermediary between you and the Home Chefs
    • The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which FoodiaQ is not a party under any applicable law. It is clarified that FoodiaQ does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Customers through the FoodiaQ Platform by connecting the Customers with the Delivery Partners or the Home Chefss or the Home Chefs, as the case may be.
    • Where FoodiaQ is facilitating delivery of an order placed by you, FoodiaQ shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
    • You may be charged a delivery fee for delivery of your order by the Home Chefs, as the Delivery may determine (“Delivery Charges”). You agree that FoodiaQ is authorized to collect, on behalf of the Home Chefs or the Delivery Partner or the Home Chefs, the Delivery Charges for the delivery service provided by the Home Chefs or the Delivery Partner, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Home Chefs, order value, distance, time of the day. FoodiaQ will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
    • In addition to the Delivery Charges, you may also be charged an amount towards delivery surge for delivery of your order facilitated by the Delivery Partner or the Home Chefs, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge”). You agree that FoodiaQ is authorized to collect, on behalf of the Home Chefs or the Delivery Partner, the Delivery Surge for the delivery service provided by the Home Chefs or the Delivery Partner, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Home Chefs, order value, distance, demand during peak hours. FoodiaQ will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.

A. Online Ordering with Home Chefs

  • All prices listed on the FoodiaQ Platform are provided by the Home Chefs at the time of publication on the FoodiaQ Platform and have been placed as received from the Home Chefs. While we take great care to keep them up to date, the final price charged to you by the Home Chefs may change at the time of delivery. In the event of a conflict between price on the FoodiaQ Platform and price charged by the Home Chefs, the price charged by the Home Chefs shall be deemed to be the correct price except Delivery Charge of FoodiaQ.

B. General Terms and Conditions

  1. FoodiaQ is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Home Chefs(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to FoodiaQ, and facilitates the sale and purchase of food and beverages or Products between Customers and Home Chefs(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Home Chefs(s).
  2. FoodiaQ shall not be liable for any acts or omissions on part of the Home Chefs(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
  3. The Home Chefs(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of FoodiaQ.
  4. For the Customers in India, it is hereby clarified by FoodiaQ that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Home Chefs(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
  5. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. FoodiaQ shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.
  6. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to FoodiaQ’s terms and privacy policies.
  7. You or any person instructed by you shall not resell food and beverages or Products purchased via the FoodiaQ Platform.
  8. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the FoodiaQ Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the FoodiaQ Platform.
  9. Any amount that may be charged to you by FoodiaQ over and above the order value, shall be inclusive of applicable taxes.
  10. Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
  11. Personal Promo code can only be used by You subject to such terms and conditions set forth by FoodiaQ from time to time.

C. Cancellation and refund policy:

  1. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an Order or (2) cancellation due to reasons not attributable to FoodiaQ, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of FoodiaQ to place that Order against the Home Chefs on your behalf (<s“Authorization Breach”). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. You hereby authorize FoodiaQ to deduct or collect the amount payable as liquidated damages through such means as FoodiaQ may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order
  2. There may be cases where FoodiaQ is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to FoodiaQ, Home Chefs or Delivery Partner. In such cases, FoodiaQ shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the Order Value or any part thereof, the said amount will be reversed to you.
  3. Any complaint, with respect to the Order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.
  4. You shall not be entitled to a refund in case instructions placed along with the Order are not followed in the form and manner You had intended. Instructions are followed by the Home Chefs on a best-efforts basis.
  5. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.

XIII. Disclaimer of warranties, limitation of liability, and Indemnification

  1. Disclaimer of Warranties

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FOODIAQ, ITS AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, BRANCHES, SUBSIDIARIES, AND LICENSORS (“FOODIAQ PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES INCLUDING MOBILE APPS AND YOUR USE OF THEM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE FOODIAQ PARTIES MAKE NO WARRANTIES OR REPRESENTATIONS THAT THE SERVICES HAVE BEEN AND WILL BE PROVIDED WITH DUE SKILL, CARE AND DILIGENCE OR ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES’ CONTENT AND ASSUME NO RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION HOME CHEFSD THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES THROUGH THE ACTIONS OF ANY THIRD PARTY, (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. THE FOODIAQ PARTIES WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER CUSTOMERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FOODIAQ OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. UNLESS YOU HAVE BEEN EXPRESSLY AUTHORIZED TO DO SO IN WRITING BY FOODIAQ, YOU AGREE THAT IN USING THE SERVICES, YOU WILL NOT USE ANY TRADE MARK, SERVICE MARK, TRADE NAME, LOGO OF ANY COMPANY OR ORGANIZATION IN A WAY THAT IS LIKELY OR INTENDED TO CAUSE CONFUSION ABOUT THE OWNER OR AUTHORIZED USER OF SUCH MARKS, NAMES OR LOGOS.

2. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE FOODIAQ PARTIES BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, AND/OR (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES INCLUDING MOBILE APP, AND/OR (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION HOME CHEFSD THEREIN, AND/OR (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVERS, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR (VI) ANY LOSS OF YOUR DATA OR CONTENT FROM THE SERVICES, AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE FOODIAQ PARTIES ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND/OR (VIII) THE DISCLOSURE OF INFORMATION PURSUANT TO THESE TERMS OR OUR PRIVACY POLICY, AND/OR (IX) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL, AND/OR (X) LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES, AND/OR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND FOODIAQ’S REASONABLE CONTROL. IN NO EVENT SHALL THE FOODIAQ PARTIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES WHATSOEVER, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.

Indemnification

You agree to indemnify, defend, and hold harmless the FoodiaQ Parties from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection with: (i) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any infringement by you of the copyright or intellectual property rights of any third party. We retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against us. We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us and you agree to cooperate with our defence of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

XIV. Termination of your access to the services

  1. You can delete your account at any time by contacting us
  2. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services

XV. General terms

  1. Interpretation:
    The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
  2. Entire Agreement and Waiver:
    The Terms, together with the ‘Privacy Policy’ and ‘Guidelines and Policies’, shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
  3. Severability:
    If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
  4. Partnership or Agency:
    None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and FoodiaQ and you shall have no authority to bind FoodiaQ in any form or manner, whatsoever.
  5. Governing Law/Waiver:
    These Terms shall be governed by the laws of India. The Courts of Mumbai shall have exclusive jurisdiction over any dispute arising under these terms.
    1. For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) WEEK AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.
  6. Linking and Framing:
    You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

XVI. Subscription

  1. Once order placed cannot be cancelled or refunded, dishes selected from weekly menu cannot be replaced to new dishes,
  2. Changes can be done in the delivery date & time slot only once a week or can be postponed for next week.

XVII. Contact Us:

  1. Details of the Company
    Legal Entity Name: FoodiaQ Limited
    Registered Address: Akruti Orchid Park, Sakinaka Andheri East.
    Details of website www.FoodiaQ.com
    Contact Details: 7814839514 / reachfoodiaq@gmail.com
  2. Grievance Redressal Mechanism:
    For any order related issue, you may first reach out to us via chat support on the FoodiaQ app for real time basis resolution.

You may write to us at reachfoodiaq@gmail.com and we will strive to resolve your order related grievance within the timelines prescribed under applicable laws.

 
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