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Terms and Conditions

General

In terms of Information Technology Act, 2000, this document is an electronic record. Being generated by a computer system it does not require any physical or digital signatures.
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.foodsauda.com.

  1. The domain name www.foodsauda.com (hereinafter referred to as “the Website”) is owned by Food Sauda Private Limited (hereinafter referred to as the “Company”), a Private Limited Company incorporated under the Companies Act 1956 / Companies Act 2013 having its registered office at Plot no 30, HSIIDC, Sector 18, Gurgaon, Haryana - 122001.
  2. For the purpose of these Terms of Use, wherever the context so requires "You" or "User" shall mean any natural or legal person who has agreed to become a buyer on the Website/Mobile Application and ordering the Goods and Services available on the Website/Mobile Application by providing Registration Data while registering on the Website/Mobile Application. The site also providing its services without registration does not absolve you of this contractual relationship. The term "We", "Us", "Our" or “Food Sauda” shall mean the Company. The headings of each section in this Agreement are only for the purpose of organizing the various provisions under this Agreement in an orderly manner. These headings shall not be used by either party to interpret the provisions contained with them in any manner. Further, the headings have no legal or contractual value.
  3. The use of this Website/Mobile Application by You is solely governed by this policy and any policy so mentioned by terms of reference. Moving past home page, or using any of the services shall be taken to mean that You have read and agreed to be bound by all of the policies.

You will be subject to the rules, guidelines, policies, terms, and conditions applicable to any service that is provided by this site, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use.

  1. We hold the sole right to modify the Terms of Service without prior permission from You or informing You. The relationship creates on You a duty to periodically check the terms and stay updated on its requirements. If You continue to use the website following such a change, this is deemed as consent by You to the so amended policies. As long as You comply with these Terms of Use, We grant You a personal, non-exclusive, non-transferable, limited privilege to enter and use the Website.
About us

Food Sauda is an internet restaurant that makes delicious food delivered right at your doorstep in just a few clicks. It is a customer demand based dish pricing system where the dish prices fluctuate in real time. User can scroll through different eating options available and place an order.

Communications

You are required to provide Us with your e-mail, login/ password, mobile numer, while placing your order through this Website/Mobile Application. By using this Website/Mobile Application, it is deemed that you have consented to receiving calls, autodialed and/or pre-recorded message calls, from Us at any time with the use of the telephone that has been provided by you for the use of this website/Mobile Application which are subject to our Privacy Policy. This includes contacting you through information received through other parties. The use of this website/Mobile Application is also your consent to receive SMSs from US at any time we deem fit. This consent to be contacted is for purposes that include and are not limited to clarification calls and marketing and promotional calls. In case you wish to stop contact from Us for the same, you may send us a mail to the effect at support@foodsauda.com.
You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document and all other policies followed by Us. Such contact will be made only in pursuance of such objectives, and no other calls will be made.
The sharing of the information provided by you will be governed by our Privacy Policy and We will not give out such contact information of yours to third parties not connected with the Website.

Service Availability

By accessing and/or using the Website or the Platform, you hereby agree to comply with the following rules: Our Site is only intended for use by people residing in India (Serviced Countries). We do not accept orders from individuals outside the Serviced Countries. By placing an order through our site you warrant that you are legally capable of entering into binding contracts and are a resident of the serviced country. You agree to follow the guidelines below:
You will not use the website/platform for any unlawful purposes.
You may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme;
You will not upload, post, e-mail, transmit, or otherwise make available any User Content that:

  • is false, deceptive, misleading, deceitful, or mis-informative;
  • infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity;
  • is threatening, tortious, defamatory, libelous, indecent, obscene, abusive, pornographic, invasive of another’s privacy, or promotes violence; or
  • discloses any sensitive information about another person, including that person’s e- mail address, postal address, phone number, credit card information, or any similar information;

You will not access or use the Website or the Platform to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure;
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file;
You will not cover, obscure, block, or in any way interfere with any advertisements and or safety features (e.g., report abuse button) on the Website or the Platform; and
You will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data mining, or any other means.

Risk and Title

The Products will be at your risk from the time of delivery.
You, and not Food Sauda, are solely responsible for the proper and safe preparation, storage and cooking of the Products. By ordering any of our Products, you agree to use our Services and Products at your own risk.
Ownership of the Products will only pass to you when we receive full payment of all sums due in respect of the Products, including delivery charges (if any).
If we fail to comply with these terms and conditions we shall only be liable to you for, at most, the purchase price of the Products.

Price and Payment

The price of the Products and our delivery charges, if any, will be as quoted on our Site from time to time, except in cases of obvious error. You may not be notified of the price change at any time.
Product prices include applicable taxes.
Product prices and delivery charges, if any, are liable to change at any time.
Payment for all Products and Services must be by cash on delivery, net banking, credit or debit card. We accept payment with Visa, Mastercard and American Express. We reserve the right to change the payment methods we accept at any time. You agree that Food Sauda may immediately authorize your credit card (or other approved facility) for payment for any charges incurred under your account. You are fully responsible for all activities that occur under your account, and you agree to be personally liable for all charges incurred under your account. Your liability for such charges shall continue after termination of this Agreement. If you have a question about any Food Sauda charge on your credit card statement, please follow “Contact Us” on our website or at support@foodsauda.com.

Order and Delivery

Delivery period specified at the time of order may vary. The goods will be delivered to the address given at the time of giving the order. In most cases, delivery will be made within the time slot selected by the customer. There may be cases where delivery is made in advance or later than the prescribed time slot of the delivery. Such difference of time will not be more than 2 hours, otherwise the order will be cancelled and the payment will be refunded.
It may not be possible for Us to deliver to some locations. In such a case, we will inform you and arrangements for change in delivery address or cancellation can be made.

Cancellation, Return And Refund Policy

You must notify Food Sauda immediately if you decide to cancel your order, preferably by phone, and quote your order number. If your cancellation request is made at least 45 minutes before the end of the order delivery period, no cancellation fee applies. Otherwise, if the required time frame limit is breached, Food Sauda reserves the right to refuse cancellation, e.g. if delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order, which has been already dispatched.
We may cancel an order if the item is not available or gets spoilt for any reason. We will notify you if this is the case and return any payment that you have made.
If the cancellation was made in time and once Food Sauda has accepted your cancellation, we will refund or re-credit your debit or credit card with the full amount within 15 working days, which includes any additional charges (where applicable) which you paid for the delivery of the item or the services, as applicable.
In the unlikely event that Food Sauda delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If Food Sauda can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund.

Indemnification and Limitation of Liability

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THIS WEBSITE/Mobile Application INCLUDING BUT NOT LIMITED TO ITS AFFILIATE VENDORS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DAMAGES, DEMANDS, COSTS AND EXPENSES (INCLUDING LEGAL FEES AND DISBURSEMENTS IN CONNECTION THEREWITH AND INTEREST CHARGEABLE THEREON) ASSERTED AGAINST OR INCURRED BY US THAT ARISE OUT OF, RESULT FROM, OR MAY BE PAYABLE BY VIRTUE OF, ANY BREACH OR NON-PERFORMANCE OF ANY REPRESENTATION, WARRANTY, COVENANT OR AGREEMENT MADE OR OBLIGATION TO BE PERFORMED BY YOU / US PURSUANT TO THESE TERMS OF USE. FURTHER, YOU AGREE TO HOLD US HARMLESS AGAINST ANY CLAIMS MADE BY ANY THIRD PARTY DUE TO, OR ARISING OUT OF, OR IN CONNECTION WITH, YOUR USE OF THE WEBSITE/Mobile Application, ANY CLAIM THAT YOUR MATERIAL CAUSED DAMAGE TO A THIRD PARTY, YOUR VIOLATION OF THE TERMS OF USE, OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER, INCLUDING ANY INTELLECTUAL PROPERTY RIGHTS.
IN NO EVENT SHALL WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS OR SUPPLIERS BE LIABLE TO YOU, THE Food Sauda OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR ACCESS TO THE WEBSITE/Mobile Application, SERVICES OR MATERIALS.
THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Disclaimer of Warranties And Liabilities

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE WEBSITE, SERVICES AND OTHER MATERIALS ARE PROVIDED BY THIS WEBSITE/Mobile Application IS ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Food Sauda MAKES NO WARRANTY THAT

  1. YOUR REQUIREMENTS WILL BE MET OR THAT SERVICES PROVIDED WILL BE UNINTERRUPTED, OR IN A TIMELY MANNER;
  2. ANY ERRORS OR DEFECTS IN THE WEBSITE/Mobile Application, SERVICES OR OTHER MATERIALS WILL BE CORRECTED;
  3. THE FOOD OFFERED THROUGH THE WEBSITE/Mobile Application SHALL FIT THE IMAGES PROVIDED ON THE WEBSITE/Mobile Application, SHALL MATCH THE DESCRIPTION OR NUTRITION ON THE WEBSITE.
Compliance with Laws

Your use of the Website shall comply with all the applicable laws (including without limitation Foreign Exchange Management Act, 1999 and the rules made and notifications issued thereunder and the Exchange Control Manual as may be issued by Reserve Bank of India from time to time, Customs Act, Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008, Prevention of Money Laundering Act, 2002 and the rules made there under, Foreign Contribution Regulation Act, 1976 and the rules made there under, Income Tax Act, 1961 and the rules made there under, Export Import Policy of government of India) applicable to them respectively for using Payment Facility and the website.

Dispute Resolution

The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the law, rules and regulations of India. The exclusive jurisdiction and venue for actions and disputes mentioned above shall be the courts located in Haryana, and You hereby submit to the personal jurisdiction of such courts.

Contact Us

If You have any questions regarding the Agreement, the practices of Food Sauda or any complaints with the service, you can e-mail us at support@foodsauda.com.

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