Terms & Conditions

Terms and Conditions

These terms of use are made by Fooodzapp. Please read the terms and conditions given below properly before purchasing a product and service. When you order any food online through our e-commerce portal you agree to be committed by our terms and conditions. 


A)        Significance of Words Used in Our Website and T&C

1) “You”, “yours”, “consumer”, “consumers”, “buyer”, “buyers”, “purchaser” and “purchasers” refer to person accessing the website i.e. the customers.

 2) “We”, “us”, “our” and “Fooodzapp” refer to our Company.

 3) The terms and conditions that we need to abide by while we carry out a transaction with a third party refer to “Agreement” or “Contract”.4) “Privacy policy” means how we retain, transfer, store and secure personal data.5) “Goods” are the tangible benefits that we offer for sale through our website.

6) “Services” are the intangible benefits that we offer for sale through our e-commerce portal.

7) “Vendor”, “vendors”, “vender”, “venders”, “eatery”, “eateries”, “retailer”, “retailers”, “seller”, “sellers”, “restaurant”, “restaurants”, “participating restaurant”, “participating restaurants” etc. are the third parties who have tied up with us for proffering the services.

8) Parties who have tied up with us for their delivery of goods and services or the participating restaurants here refer to “the third party”.

9) “Website”, “Site” and “Portal” refer to our site www.fooodzapp.com.

10) The Shipment Service undertaken by Fooodzapp or the third party restaurant to deliver food at your doorsteps means “food delivery”.

 

11) “Fooodzapp App” means a mobile application owned and operated by Fooodzapp and all screenshots, pages appearing are available with this mobile application.


B) Rules of Conduct

1) Fooodzapp aids the customer to order food online by using Fooodzapp App/Website. The user’s discretion is necessary to use Fooodzapp service.

2) The service of Fooodzapp shall be utilized solely for user’s non-assignable, non-exclusive, limited personal use and non-transferable use and for no any other purposes. When a users use Fooodzapp’s services, they are liable to every national, state, local laws wherever applicable. Except if permitted in terms and conditions, user cannot display, disclose, publish, disassemble, reverse translate, decompile, reverse engineer, amend, alter, change, copy or make changes in any manner, decode the Fooodzapp app or website or both.


C) Ordering

1) You agree that at the time of ordering the food, you will provide correct and up-to-date information. You agree to provide the credit and debit card details of your own credit and debit card.

2) Food delivery service undertaken by Fooodzapp is meant for your use only and you warrant that you are acting as an end consumer and not an agent who is selling the food to another party.

3) In case, food delivery service cannot be done/completed, Fooodzapp will let you know by a phone call or a text message.

4) The confirmation message about food delivery will reach you via mail or SMS that will specify food delivery details, approximate time of delivery and price.

5) Some of our food items are not suitable for certain ages. It is your responsibility to verify that the ordered food is suitable for the intended recipient or not.


D) Price and Payment

1) All prices listed at the Fooodzapp website are up-to-date and correct.

2) All prices listed at Fooodzapp website reflect the price as decided by third party restaurant. If there is any change in price, it will be informed to you immediately.

3) You can choose to order food using either through online mode of payment or cash on delivery. Online payment may be done using either credit,debit card,netbanking, wallets etc. We ensure that your account information will be secured by encryption of payment gateway. But we do not own any responsibility if anyone illegally enters and uses your account data.

4) You can select “Cash on Delivery” mode of payment where you will be required to make payment at the time of delivery. You may be required to pay delivery charges if applicable.

5) In case, the parcel does not reach you because you might have provided us wrong information like address then the risk of goods passes on to you and in such case, payment made by you won’t be refunded.

6) The total charges of Food delivery include all charges like taxes and other applicable costs.

7) Once the goods and services have been delivered at your address, the risk of the goods passes on to you and you won’t be made any refund. Refund would be made only if the order gets cancelled.


E) Delivery

1) Delivery time of food is approximate and time may vary a little bit.

2) Our goods and services that you have ordered are delivered at the address provided by you at our site.

3) If the delivery is being done by Fooodzapp or third party restaurant then Fooodzapp and the participating restaurant take reasonable care to make delivery on time.

4) All the risk related to food delivery will completely pass on to you.

5) If you fail to accept the parcel at the time they are ready for delivery or we are unable to deliver within the time span due to incorrect data like wrong address or authorizations then the risk and liability of the goods and service will pass on to you.

6) Third party participating restaurants are responsible to make delivery at your reach. In case, the third party is unable to make delivery, it bears the liability to provide you the information regarding this.

8) It is not always possible for the participating restaurants to make delivery at certain locations. In any such case, it is either our or participating restaurants responsibility to give you information regarding this.



F) Cancellation of Order

1) You must inform the participating restaurants or Fooodzapp immediately if you wish to cancel the order by providing us the order number via phone call/SMS/email. If the restaurant accepts your cancellation, the order gets cancelled but if the order has already been prepared or dispatched, it will not get cancelled. In such case, we will not be able to refund your payment.

2) An order gets cancelled automatically if the product is not available and we will make a refund for the same to you.We will notify you through call.

3) If the cancellation is made in time and the restaurant has accepted your cancellation, you will receive the refund within 14 days either into your account, based on the mode of refund preferred by you.

4) If the participating restaurant delivers wrong order, you own the right to reject the wrong order and you will be fully refunded. In case, the participating restaurant makes only a partial delivery, the restaurant staff will inform you or propose replacement of the missing order. You reserve the full right to cancel a partial order and get refund for the same.

5) We reserve the sole right to cancel your order in any of the following cases:

If the designated address is outside the delivery zone offered by Fooodzapp.

Failure to contact the customer by phone or email at the time of confirming the order booking.

Failure to deliver your order due to lack of information, direction or approval from you at the time of delivery.

Unavailability of the items ordered by you at the time of booking.

Failure due to reasons beyond our control or attributable to the vendor.


G) Refund

You shall be eligible to get refund only if you pre-pay for your order at the time of placing it and if your order has been damaged at the time of delivery.

We may cancel your order because:

1) Your delivery location is outside our designated delivery zones.

2) If we are unable to contact you via phone or email at the time of confirming the order.

3) You cancelled the order at the time of confirmation because the item was unavailable when you ordered it.

4) Decision on refunds shall be at our sole discretion and shall be final.
5) Refund of cancelled orders when one or more items are not available are done through crediting your bank account or cash based on your wish.
6) In case of cash on delivery, the customer will not be required to make a payment for

·         Orders whose wrapping has been damaged or fiddled by us.

·         Wrong order being delivered.

·         Items missing from the order at the time of delivery.


H) Third Party Content

o    We cannot assure you that other users will adhere with the terms of use; as agreed between you and us. Thereby, we and you assume all risks resulting from such noncompliance.

o     You agree that when you access a link from our site that leaves our services, the website you enter is not controlled by us and different terms and conditions and privacy policy may apply. We may disable such links from our site as we are under no liability to keep them.


I) Personal Information

·         We might request information from you so that we can deliver food at your reach. You need to provide us correct information.

·         You are permitted to get a copy of your personal information we hold about you.

·         You authorize us to store, process and use a copy of your information. The purpose may include revelation of your exclusive information to selected third parties from time to time. Your information might be used to send mail or message from time to time if we feel a product might be of interest to you. It may be used for marketing purpose.


J) Privacy of Personal Information

1) You understand that by choosing Fooodzapp, you have allowed Fooodzapp to use your personal information.


2) Although Fooodzapp provides many firewalls and protections, the Food Service is not hack proof. Data loss due to virus attacks, technical issues is possible.
3) In case, we are required to disclose your personal information to help the Government Authority or to obey the Court Order or to protect the interest of the Fooodzapp Service or any particular user(s), Fooodzapp will disclose it without obtaining prior permission from you. You license us to communicate your personal information. 

K) Treatment of Information Provided By You

1) We process data provided by our customers as per our Privacy Policy.


2) You hereby grant us information that is permanent, royalty-free, exchangeable and sub-licensable. We may use any data, which you submit at our website for any purpose or for promoting our goods and services (by media or any other way, including, but not only limited to, in our journals or on our website). 

L) Feedback and Complaints

·         If you share with us any ideas and suggestions you agree that:

·         Your feedback does not contain confidential, secretive, proprietary information of third parties.

·         Fooodzapp is under no liability of confidentiality with respect to feedback.

·         By providing feedback, you grant us a binding, global license to use, modify, publish, distribute and sublicense the Feedback.

·         We take complaints seriously and aim to respond to your complaints within 5 working business days.


P) Limitation of Liability

1. We have paid lot of attention to ensure the information that is available on our website is error free. We regret for omission of any content unknowingly. We cannot guarantee that use of our website would be error free or the site or server that makes the website available is free from viruses or bugs.


2. The customer relieves us from any liability whatsoever, which may arise due to use of information from any third party website or your consumption of any food from a participating restaurant accepting these terms and conditions.
3. We disown every responsibility that may arise from the supply of goods and services to the extent permitted under relevant law. This does not affect your legal rights as a consumer. If we are liable for any damage then such liability is limited to the amount you have paid for the goods and services you have purchased. We will not be held responsible for any damage or expense, including any direct or indirect loss such as loss of profits to you. In the event of injury or death arising as a result of our negligence, this limitation of liability is not applicable.
4. Fooodzapp cannot be held responsible for any failures, delays, omission, and loss of communicated information.
5. Fooodzapp is not responsible if viruses or contaminated data gets transmitted to your computer from our website.
6. We are not liable if we get delayed or are unable to deliver Goods or services due to reasons beyond our control caused exclusively by forces of nature, which can neither be anticipated nor prevented including but not limited to events such as war, riot, compliance with law or governmental order or acts of third party.
7. If we have agreed to serve similar order to more than one customer and are stopped from executing our responsibilities towards you due to uncontrollable reason, we reserve the right to decide which order will be fulfilled and to what extent.
8. The services sold by us are for the use of consumers only. We cannot be held responsible for any indirect and/or direct loss, tampering of data, and damage to property and/or claims of third parties, which may arise by using our services or our website.
9. We have tried our best to prevent internet fraud and make sure that information collected from you is stored as safely as possible. However, we are not responsible for breach of Fooodzapp’s security or those of third parties.
10. In case, we find abuse of vouchers/coupons/discounts or other instances of fraud, Fooodzapp may cause the customer to be blocked immediately and reserves the right to refuse any future service. Also, Fooodzapp reserves the right to seek compensation from all violators.
11. Fooodzapp reserves the right to withdraw any offer or service subject to our discretion. 

Q) General

1) All prices/costs are in Indian Rupees. GST is included wherever mentioned.

2) We may change the Terms and Conditions any time without any prior notice given to you.

3) Payment should be done via credit card,Debit card,netbanking,wallets at the time of ordering the Food Delivery or by cash on delivery. Failure to pay will result in the cancellation of customer’s order.

4) Do not gather any identifiable data from our website or use communication systems provided by the website for any commercial application purpose. You are not authorized to publish or distribute any vouchers or codes from our website or hack the website.