Terms And Conditions

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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. foodzfun.com website and foodzfun application for mobile and handheld devices.

TERMS AND CONDITIONS

Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Food items or Services from this Website. By ordering any Food items or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.

Introduction

We are Foodzfun, a brand of Foodzfun powered by Gajanand Eateries, unless otherwise stated.

Ordering

  • Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Food items or Services from this Website any contact is between you and Foodzfun. 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 the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
  • Food Delivery, Food items purchased from this Website are intended for your use only and you warrant that any Food items purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
  • When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
  • We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
  • 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 an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. 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 email we will check availability and delivery capacity.
  • If the ordered Food Delivery and delivery capacity is available, the Participating Restaurant will accept the contract and confirm it to Foodzfun. If the details of the order are correct, the contract for the Food items or services will be confirmed by text message (SMS).
  • In the case that Food items offered by Foodzfun were ordered, Foodzfun will confirm availability together with or separately from Food Delivery.
  • 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, Food items ordered.
  • If the Food Delivery and/or Food items are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.

Prices and Payment

All prices listed on the Website are correct at the time of publication and have been input as received by the restaurant; While we give great care to keep them up to date, the final price charged to you by the restaurant can change at the time of delivery based on the latest menu and prices of the restaurant. We also reserve the right to alter the Food items or Services available for sale on the Website and to stop listing restaurants, Food items or Services.

  • In case the price listed is not current and the restaurant informs us immediately after placing the order, we will put our best effort to contact you to inform you about the price difference and you can choose to opt-out of the order at that time.
  • All prices for delivery by Foodzfun or a third party provider assigned by Foodzfun listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future.
  • The total price for Food Delivery, Food items or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Food itemsdispatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card.
  • If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
  • The prices reflected on the website/mobile application/email are determined solely by the Participating Restaurant and informed to Foodzfun at the time of listing or afterwards. Any change in the prices of menu at the time of placing order is at the sole discretion of the Participating restaurant.
  • All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the Participating Restaurant and Foodzfun is merely collecting the same on behalf of such Participating Restaurant.
  • The entire amount of applicable taxes collected by Foodzfunis directly remitted as it is to Participating Restaurants and Foodzfun does not retain any amounts thereof
  • Foodzfun is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Restaurant. Foodzfunholds 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 Participating Restaurant.
  • The transaction of sale of food or food items is between Participating Restaurant and the customer, and accordingly, Foodzfun is not liable to charge or deposit any taxes applicable on such transaction

Delivery

  • Delivery periods quoted at the time of ordering are approximate only and may vary. Food items will be delivered to the address designated by you at the time of ordering.
  • We will give great care to deliver in a timely manner. No responsibility is taken for late delivery by Foodzfun in either case.
  • In case of a late delivery, the delivery charge will neither be voided nor refunded by Foodzfun.
  • All risk in the Food items and the Food Delivery shall pass to you upon delivery.
  • If you fail to accept delivery of Food items 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 food items shall be deemed to have been delivered to you and all risk and responsibility in relation to such food items shall pass to you.

Information

Where we have requested information from you to provide Food Delivery, Food items or Services you agree to provide us with accurate and complete information.

You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Food items or Services to you and for marketing and credit control purposes. The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Food items or Service to you. More information can be found in our Privacy Policy.

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.

Linked Sites

Linked Sites There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Food items or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Food items that they may provide to you.

Complaints

We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to support@foodzfun.com

Limitation of Liability

  • Great 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.
  • By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.
  • We disclaim any and all liability to you for the supply of the Food Delivery, Food items 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 Food items 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.
  • 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.
  • We shall not be held liable for any failure or delay in performing Services or delivering Food items 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.
  • 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.
  • 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.
  • 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.
  • In the event Foodzfun has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Foodzfun 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, Foodzfun reserves the right to seek compensation from any and all violators
  • Offers are subject to Foodzfun's discretion and may be withdrawn at any time and without notice.

General

  • 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 Foodzfun policies, you shall immediately discontinue its use. Foodzfun reserves the right to terminate your Membership and / or deny access to the platform if it is brought Foodzfun’s notice that you are under the age of 18 years.
  • 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, authorizations, rules and guidelines.
  • All prices are in Indian Rupees. GST is included where indicated
  • We may subcontract any part or parts of the Services or Food items 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.
  • We may alter or vary the Terms and Conditions at any time without notice to you.
  • Payment must be made either at the time of ordering the Food Delivery, Food items or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
  • Do not use or launch any automated system or program in connection with our website or its online ordering functionality.
  • 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.
  • The Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms and Conditions and any other term or provision on the Website, these Terms and Conditions shall prevail.
  • 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.
  • 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 Ahmedabad in Gujarat courts.
  • 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.
  • Customers placing order with Foodzfun are liable of receiving promotional SMS, irrespective of their number being registered under NDNC. If customer wish to not receive promotional SMS, they may contact us on support@foodzfun.com
  • 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 Indian 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.
  • The voucher calculation is subject to Foodzfun's discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.
  • Any Service Fee/Delivery Fee charged byFoodzfunis subject to prevailing GST Rates.
  • Rates under the GST regime has recently been notified. The restaurants are currently examining the taxability of their supplies. Foodzfun hence, does not bear any responsibility on the taxes charged by the restaurant in the interim period.
  • Blacklisting of customers: Foodzfun India reserves the right to block/blacklist customers with suspicious activity on their accounts. Suspicious activities include, but are not restricted to: Unfair voucher use,Using multiple logins from the same device,
  • For concerns regarding blacklisting, please reach us at support@foodzfun.com