Terms and Conditions
2. The Services is operated and owned by foodfex Delivery Services (hereinafter referred to as “foodfex”, “we”, “us” or “our”), a company registered in Vijayawada.
4. How the Services and Service works
4.1 We are a delivery service provider providing you an online platform to (a)order food online from the list of restaurants and eateries available on the Services (“Vendors”); (b) pre- pay for your food order by banking channels made available to you on the Services or paying for your food by debit or credit card or cash at the time of us delivering your food order to your delivery address.
4.2 We do not own, sell, resell, furnish, provide, prepare, manage and/or control the Vendors or the related services provided in connection thereof.
4.3 Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Vendor for the purpose of accepting payments from you for your online food order and delivering your order.
5 Account Registration or use of the Services
5.1 You may access the Services either by (a) signing in as a guest; or (b) registering to create an account (“foodfex Account”) and become a member (“Member”); or (c) you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Services, as described below. As part of the functionality of the Services, you may link your foodfex Account with Third Party Accounts, by either:
(i) providing your Third Party Account login information to us through the Services; or
(ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
5.2 You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
5.3 By granting us access to any Third Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Services via your foodfex Account.
5.5 Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your foodfex Account on the Services.
5.6 Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Services.
5.7 We will create your foodfex Account for your use of the Services based upon the personal information you provide to us or that we obtain via an SNS as described above.
5.8 You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
5.9 We reserve the right to suspend or terminate your foodfex Account and your access to the Services if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
5.10 You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your foodfex Account, whether or not you have authorised such activities or actions. You will immediately notify us of any unauthorised use of your foodfex Account.
5.11 Goods and services purchased from the Services are intended for your person use and you represent that the same are not for resale or you are not acting as an agent for other parties.
6 Bookings and Financial Terms
6.1 The Services allows you to make food order bookings and we will, subject to the terms and conditions set out herein, deliver the same to you.
6.3 As a general rule, all food orders made are treated as confirmed.
6.4 However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) the first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
6.5 In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order. At this time any change or confirmation of the order shall be treated as final and we will receive an email confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time we are confirming the order, we will cancel your order and the provisions of the cancellation and refund policy below shall be applicable.
6.6 You can pay by credit card or debit card or net banking at the time of booking an order or you can pay by credit or debt card or cash at the time of delivery.
6.7 You acknowledge and agree that we act as the Vendor’s payment agent for the limited purpose of accepting payments from you on behalf of the Vendor. Upon your payment of amounts to us, which are due to the Vendor, your payment obligation to the Vendor for such amounts is completed, and we are responsible for remitting such amounts, to the Vendor. You shall not, under any circumstances whatsoever, make any payment directly to the Vendor.
7. Cancellations and Refunds
(a) As a general rule you shall not be entitled to cancel your order once you have received confirmation of the same.
(b) However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
(c) We reserve the sole right to cancel your order in the following circumstance:
(i) in the event of the designated address following outside the delivery zone offered by us;
(ii) failure to contact you by phone or email at the time of confirming the order booking;
(iii) failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery; or
(iv) unavailability of all the items ordered by you at the time of booking the order; or
(v) failure due to reasons beyond our control or attributable to the Vendor.
(a) You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Services and only in the event of any of the following circumstances:
(i) your order packaging has been tampered or damaged at the time of delivery;
(ii) us cancelling your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking; or (C) failure to contact you by phone or email at the time of confirming the order booking; or
(iii) you cancelling the order at the time of confirmation due to unavailability of the items you ordered for at the time of booking.
(b) Our decision on refunds shall be at our sole discretion and shall be final and binding.
(c) All refund amounts shall be credited to your account within 3-4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit / debit card.
7.3 In case of payment at the time of delivery, you will not be required to pay for:
(a) orders where the packaging has been tampered or damaged by us;
(b) wrong order being delivered; or
(c) items missing from your order at the time of delivery.
8. Terms of service
8.1 You agree and acknowledge that we shall not be responsible for:
(a) The services or goods provided by the Vendor including, but not limited, serving of food orders suiting your requirements and needs;
(b) The Vendor’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
(c) The availability or unavailability of certain items on the menu; or
(d) The Vendor serving the incorrect orders.
8.2 The details of the menu and price list available on the Services are based on the information provided by the Vendors and we shall not be responsible for any change or cancellation or unavailability.
8.3 You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
8.4 You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
8.5 You order will be only delivered to the address designated by you at the time of placing the order on the Services. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
8.6 You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorisations, 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 and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
8.7 You understand that our liability ends once your order has been delivered to you.
8.8 Services provided:
(a) You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
(d) You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilised or shared with any Third Party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorised use of your credit/ debit card.
8.9 We do not offer any refunds against goods already purchased from the Services unless an error that is directly attributable to us has occurred during the purchase of such product or services.