Thank you for choosing FOODIESQUARE.IN.
Please read the following terms and conditions contained in this document carefully since any use of this website would constitutes your acceptance of the terms and conditions without any limitation or qualification set out herein.
Your use of this site is at your risk; including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
We are foodiesquare.in, the part of loginat online solutions pvt. Ltd.
B.3. The user of this website and ordering goods or services will be termed or referred as “you", "your" and "yours”.
B.4. "we", "us", "our", and "foodiesquare.in" are in references to the Company i.e. loginat online solutions.
B.5. "services" is in reference to any services which we are offering from our Website from time to time.
B.6. "Service" or "Services" is in reference to our services through website.
B.7. “Restaurant", “Restaurants “, “Outlet “etc. are basically third party, which have agreed to tie up with the Company to prepare and /or deliver the Goods or Services.
B.8. "Food Delivery" is in reference to the services which the restaurant has agreed to deliver you and being perishable goods, the restaurant owes the entire responsibility of the services /delivery.
B.9. "Website" refers to our Website http://www.foodiesquare.in through which we provide services.
C1. By ordering any food for delivery through this website, you enter into a contract between you and the Restaurant for the supply of goods or services and we are just acting as Facilitator only. We owe no responsibility for any delay/ deficiency or improper services of goods or services being offered through our website
C2. By ordering any food or services, you are supposed to take particular care while providing us with your details and undertake that these details are accurate, true and complete at the time of ordering.
C3. The food ordered from this website is intended for your use only and is not meant for commercial purpose or resale. Please ensure that you are working as principal only and not as agent for another party when receiving the services through this website.
C4. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. When you place your order online, we will send you a verification code to confirm that we have received it. This confirmation code has to be processed for finalising the order. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Restaurant will be able to fill your order. Once we have sent the confirmation message we will check availability and delivery capacity.
C5. The confirmation message will specify delivery details including the approximate delivery time specified by the Participating Restaurant and confirm the price of the Food Delivery, Goods and Services ordered.
D: Prices And Payment
D1.Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Goods or Services from this Website, any contact is between you and foodiesquare You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that you own the credit or debit card of which you provide details and ensure that you have sufficient funds to make the payment.
D2. The listed prices on the website are correct at the time of publication and as received by the participating restaurants. Although we take utmost care to keep them updated, the final prices charged to you by the restaurant can change at the time of delivery as per the latest menu and prices of the restaurants. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing restaurants, Goods or Services.
D3. The prices listed for the delivery of food by foodiesquare or the participating service providing restaurant on this website are correct and updated at the time of publication. However, we reserve all the rights to alter these in future.
D4.The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order.
E1. The time period quoted at the time of delivery are approximate only and may vary according to the convenience of the deliverer. Order would be dispatched to the address designated by you at the time of ordering. However if the addresses provided by you is found incomplete or improper, the participating restaurant shall not be hald
E2. If delivery is done by the Participating Restaurant or its delivery partners, it is the Participating Restaurants who bears the sole responsibility to provide Food Delivery in a timely manner.
E3. If the delivery is done by foodiesquare or by the third party as assigned b y the foodisquare, we will take utmost care to deliver the order in assigned time. Expected delievery time mentioned may vary from time to time according to the peak hours, peak seasons, bad weather, festival rush, roads conditions etc and other circumstances which are beyond the control of the participating restaurants or foodiesquare as the case may be.
E4.All orders are delivered by a reputable courier. We and the Participating Restaurant will make every effort to deliver within the time stated, however, we will not be held liable for any loss caused to you by late delivery. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the participating restaurant first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
E5. In case of late delivery, there is no provision to void or refund the delivery charges by foodiesquare.
E6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
E7. If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
E8. You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
E9. The associated restaurants, who intend to prepare your order, aims to
1. To deliver the product to you at the place of delivery requested by you in your order;
2. To deliver within the time confirmed by the restaurant;
3. To inform you if they expect that they are unable to meet the aforesaid delivery time.
E10. Participating Restaurants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
E11. Please note that it might not be possible for Participating Restaurants to deliver to some locations. If this is the case, our Participating Restaurants or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address
F1. You must notify the participating restaurant immediately ( but in no case later than 15 minutes of time of ordering the goods/foods etc) if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies.
F2. If the participating restaurant refuses to cancel the order, for the preparation of food delivery has been completed and/or the delivery personnel has already dispatched, then it may not be cancelled. We will not be able to cancel any order and refund the payment for already dispatched order.
F3. The order may be cancelled if the ordered product is not available for any reason. We will notify you of the same and return the payment that you have made.
F4. In case, the participating restaurant delivers you the wrong item, you have all the rights reserved to reject the delivery of wrong items and you shall be fully refunded for the missing item.
F5. In case the participating restaurant can only do a partial delivery due to non-availability of item or due to any other reason, you have the right to be informed about it and you are also entitled to get the proposal for replacement for the missing product. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Restaurant.
G1. You are expected to provide us all the required information accurately and correctly where we have requested you so as to make the Food Delivery on timely manner.
G3.You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
H: Linked Sites
H1.There may be a number of links on our Website to third party Websites which we believe that may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties, neither do we have any control over the content or availability of such sites nor do we accept any responsibility for their content or the Services or Goods that they may provide you.
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to firstname.lastname@example.org
J: Limitation of Liability
J1. Utmost care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy. As we are entering into no contract between you and the participating restaurants, we cant be held responsible for any deficiency in services or unfair trade practice etc on the part of the participating restaurants and liability if any arising out of such claims shall be purely of participating restaurant.
J3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
J4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
J5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
J6. If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
J7. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
J8. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
J9. In the event foodiesquare has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, foodiesquare may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, foodiesquare reserves the right to seek compensation from any and all violators.
J10. Offers are subject to our discretion and may be withdrawn at any time and without prior notification.
K1. All prices are in India Rupees.
K2. We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
K3. We may alter or vary the Terms and Conditions at any time without any prior notification.
K4.Do not use or launch any automated system or program in connection with our website or its online ordering functionality.
K5.Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
K7. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
K8. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
K9. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
K10. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
In case of any dispute of any nature arising out of the order placed/ delievery-non delievery or any other services rendered or offered etc , such dispute shall initially be referred to the sole Arbitrator to be appointed by us for adjudication and the place of arbitration shall be at Delhi / Gaziabad , the award of such arbitrator shall be final and binding and all the provisions of Arbitration and Conciliation Act shall be applicable in such disputes .
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