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 Website and Application.
As per the recent key amendment in the Consumer Protection Act, 2019 definition of “goods” under section 2(20) of the CPA, 2019 has been amended to include “food” as defined in the Food Safety and Standards Act, 2006. “Goods“ shall mean every kind of movable property and includes “food” as defined in clause (j) of sub-section(1) of section 3 of the Food Safety and Standards Act, 2006;” Thus, by widening the scope of the definition of Goods, the meteorically “Food Delivery Platforms” would come within the fold of CPA, 2019.
These terms of use (the 'Terms of Use') govern your use of our website www.xwestek.com (the 'Website') and our Xwestek delivery application for mobile and handheld devices (the 'App'). The Website and the App are jointly referred to as the 'Platform'. Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Xwestek and you signify your acceptance to the Terms of Use and other Xwestek policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
These Terms of Use are subject to amendments at any time. We reserve the right to modify these Terms of Use and other Xwestek policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Xwestek policies and note the changes made on the Platform. Your continued use of the services after any change is posted shall imply your acceptance of the amended Terms of Use and other Xwestek policies as may be applicable. Xwestek grants you a non exclusive, non transferable, limited right to access and use the Platform, subject to adherence to these Terms of Use.
The User must undertake to adhere to the eligibility to enter into a contract in view of section 11 of The Indian Contract Act, 1872. The User shall agree to represent and warrant that the User is at the age of 18 or above and is fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representation, and warranties as set forth in this Agreement.
a) The Xwestek shall make it clear that it is not either a manufacturer or a seller of food or groceries but only places an order against the partner restaurant on behalf of the User customer pursuant to the aforesaid contract and facilitate the sale and purchase of food and groceries between the two, under the contract for sale and purchase of food and groceries.
b) The Xwestek shall not be liable for any actions or omissions by the Partners including deficiency in service, wrong delivery or order, quality of food, time is taken to prepare or deliver the order, etc.
c) The Xwestek must state that the liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely be towards the seller/owners, vendors, Restaurant Partners, importer or manufacturers of the food products.
d) The Xwestek must provide a disclaimer in respect of some of the food that may be suitable for certain ages only. It must be the responsibility of Users to check the food they are ordering and read its description, if provided, before placing an order on Xwestek.
e) The acceptance by a Delivery Partner of undertaking delivery of User’s order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislation, between the User and the Delivery Partner, to which again food Delivery Platform is not a party.
f). The Xwestek state that it will use reasonable efforts to inform the User of the Delivery Charges that may apply to the User, provided the User will be responsible for Delivery Charges incurred for User’s order regardless of User’s awareness of such Delivery Charges.
g) The Xwestek shall reserve it’s right that at any time and without prior notice, we can remove, block, or disable access to any Content, for any reason or no reason, considered to be objectionable, in violation of the terms and conditions of this Agreement or otherwise harmful to the Services.
h) Intellectual & Proprietary Rights: Xwestek declare in the form of a clause its ownership of Platform content and Proprietary Rights in detail every user must agree to protect Xwestek’S IPR and proprietary rights.
i) Use of License aspects: Xwestek grant a personal, limited, non-exclusive, and non-transferrable license to access and use the Services only as expressly permitted as per the terms and conditions of the Agreement. The user shall agree not to use the services for any illegal purpose or in any manner inconsistent with the terms and conditions of this Agreement.
j) Price List: We take care to keep all the prices listed are correct at the time of publication, and have been placed as received from the Restaurants. The final price charged to the User may change at the time of delivery. In the event of a conflict between prices of the Platform and price charged by the Restaurant, the price charged by the Restaurant shall be deemed to be the correct price except for the Delivery Charge of Platform.
The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Delivery Platform when you place your order, which shall be rounded up to the nearest rupee. The User shall make full payment towards such food ordered via the Xwestek. Any amount that may be charged to the User by Platform over and above the order value shall be inclusive of applicable taxes.
k) Delivery periods/Pickup time quoted at the time of ordering are approximate only and may vary depending upon the situation. When the User opts for Pickup at the time of placing the Order, and Xwestek shall not be liable in any manner in this regard.
a) The User shall request to order food and groceries from a Partner by clicking on ‘Place Order’ tab on the Partner page on the Platform shall constitute an unconditional and irrevocable authorization issued in favor of Platform to place online orders for food and groceries against the Partners on User’s behalf.
An order, once placed on behalf of User by the Platform and accepted by a Partner constitutes a separate contract of sale of goods under the Sale of Goods Act,1930 and the Consumer Protection Act, 2019 or any successor legislation between the Partner and the User, to which the Xwestek shall not be a party.
b) The User must warrant that while placing an order the details like contact number, delivery address, etc. are accurate and correct. By providing these details, the User expresses his/her acceptance of Platform’s terms and conditions and privacy policies.
c) The User shall not resell food purchased via Platform.
d) The User shall be charged a delivery fee for delivery of the order by the Delivery Partner. The User must agree that the Platform is authorized to collect, on behalf of the Partner, as the case may be. The Delivery Charges may vary from, order to order, which may be determined on multiple factors such as order value, demand during peak hours, etc.
a) A user shall be required to furnish the following details before using the Service/s of Hunger. The user registers themselves from the App by providing the following details:
b) At the time of the registration, the Platform will send an OTP to the email address provided by the user. The user shall copy the OTP and put the same in the App. After the verification is complete, the account will be created. The user can at any time change the password of the App. For modifying the address and contact details, the user shall verify the email address and the phone number.
c) Xwestek holds an exclusive right to terminate the account or block the account of the user anytime. If the user uses the Platform for any other purpose then in such case the Xwestek account shall be terminated or blocked without giving any prior notice to the user.
d) A user can create only one account with the same email address and mobile number.
e) A user can create an account by using third party verification. You can register yourself through your email account. However, in such a case, the User shall verify the third-party account from the App. After successful verification, the account shall be created with the name as mentioned in such third-party account. The user shall confirm the mobile no in such case before placing an order.
f) Xwestek shall not be responsible for any late delivery/cancellation due to the wrong information provided by the user. If the user does not provide correct information, then in such case Xwestek can delete the account of such user.
g) In case any account is blocked or deleted by the Xwestek, then the user shall not be eligible to create another account with the same number and email address.
h) A maximum of two accounts can be created on one device. If any user creates more than three accounts then such App shall be blocked from the device.
a) Statutory Compliances by Partners:
The User acknowledges that the Platform bears no responsibility for the compliance with statutory rules, regulations, and licenses by the Partners. The User agrees that Platform shall not be liable in any manner if the User is unable to avail the offer(s) with a Partners due to Partner’s violation of any statutory rule, regulation, and license.
b) Food hygiene audit of Restaurant Partners:
The Platform shall undertake to initiate food hygiene auditing of Partners in partner with certified auditors
c) Disclaimer of warranties:
To the fullest extent permitted by applicable law, the Platform, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries and licensor (“FDP Parties”) disclaims warranties, express or implied, in connection with the Services including mobile apps and User’s use of them. To the fullest extent permitted by applicable law, the Platform parties makes no warranties or representations that the Services have been or will be provided with due skill, care and diligence or about the accuracy or completeness of the Services content and assume no responsibility for any any unauthorized access to or use of Platform’s server and/or any and all personal information stored therein.
d) Advertisement :
The User must agree to the advertisements that may be placed by the Platform on the Service as some of the Services are supported by advertising revenue and may display advertisements and promotions. The Food Delivery Platform will not be responsible or liable for any errors or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or a result of the presence of such other advertiser(s) on the platform and mobile application.
e) Limitation of liability:
To the fullest extent permitted by applicable law, in no event shall the Platform be liable to User for any damages resulting from aforementioned points (i) if the User fails to keep his/her password or account details secure and confidential, and/or (iii) loss or damage which may be incurred by the User, including but not limited to loss or damage as a result of reliance placed by the User on the completeness, accuracy or existence of any advertising, or a result of any relationship or transaction between the User and any advertiser or sponsor whose advertising appears on the Services, and/or delay or failure in performance resulting from causes beyond Platform’s reasonable control.
f) Indemnification:
The User agree to indemnify, defend, and hold harmless the Food Delivery Platform Parties from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of or in connection with (i) User’s unauthorized use of the Services or products or services included or advertised in the Services (ii) User’s violation of any rights of another (iii) User’s breach of terms and conditions including but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party. The Platform retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against the Platform. The Platform reserve the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify Platform and the User agree to cooperate with Platform’s defense of these claims. Platform will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.
The User can delete his/her account at any time. The Platform may terminate User’s use of the Services and deny access to the Services in Platform’s sole discretion for any reason or no reason, including User’s: (i) violation of terms and conditions of this Agreement (ii) lack of use of the Services. The User must agree that any termination of User’s access to the Services may be effected without prior notice and acknowledge and agree that Platform may immediately deactivate or delete the account and all related information and/or bar any further access to User’s account or the Services. Further, the User must agree that Platform shall not be liable to the User or any third party for the discontinuation or termination of User’s access to the Services.
g) All pictures shown in the Platform are for illustration purpose only. Actual product may vary.
h) Governing Law, Jurisdiction and Dispute Resolution:
This Agreement shall be governed by the laws of India. Subject to this clause, the courts of Chidambaram shall have exclusive jurisdiction to determine any dispute arising out of or in relation to these Terms of Use.
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 Website and Application.
These terms of use (the 'Terms of Use') govern your use of our website www.xwestek.com (the 'Website') and our Xwestek delivery application for mobile and handheld devices (the 'App'). The Website and the App are jointly referred to as the 'Platform'. Please read these Terms of Use carefully before you become a Partner. If you do not agree to these Terms of Use, you may not become the Partner, and we request you to uninstall the App. By installing, downloading or even merely using the Platform, you shall be contracting with Xwestek and you signify your acceptance to the Terms of Use and other Xwestek policies (including but not limited to the Withdrawal Policy, Privacy Policy and Take Down Policy) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
1.1 These Terms of Use are subject to amendments at any time. We reserve the right to modify these Terms of Use and other Xwestek policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Xwestek policies and note the changes made on the Platform. Your continued use of the services after any change is posted shall imply your acceptance of the amended Terms of Use and other Xwestek policies as may be applicable. Xwestek grants you a non exclusive, non transferable, limited right to access and use the Platform, subject to adherence to these Terms of Use.
2.1 The User must undertake to adhere to the eligibility to enter into a contract in view of section 11 of The Indian Contract Act, 1872. The User shall agree to represent and warrant that the User is at the age of 18 or above and is fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representation, and warranties as set forth in this Agreement.
3.1 The vendor shall not make any advance payment to Sign-up for the creation of an Online Store on the Execution date.
3.2 The Company shall have the right to collect the Payment on behalf of the Vendor in respect of the Orders received through the Online Store. The Company shall pay the Vendor an amount recovered minus the sum of Delivery charges, fee and Taxes, and 15% of product rate mentioned in the platform.
3.3 In the event an order is reversed due to Quality Issue, Damaged product, Wrong Item delivered or the Item Not delivered, Vendor agrees that the Company shall levy the Delivery charges, plus a penalty of the Delivery charge and the said charges shall be deducted from the amount due and payable to Vendor.
4.1 Through the interface provided by the Company on the creation of Vendor’s Online Store, the Vendor shall upload the product images, description, delivery timelines, disclaimer, price, and such other details for the products displayed and offered for sale through the said online store.
4.2 Vendor shall ensure not to upload any description, image, graphic, text that is unlawful, objectionable, obscene, opposed to public policy, vulgar, or is in violation of intellectual property rights of any third party.
4.3 The vendor shall only upload the product description and image for the product which is offered for sale through the Online Store and for which the said Online Store is created.
4.4 The vendor shall provide a correct, full, true description and accurate of the product to enable the customers to make an informed decision.
4.5 Vendors shall be solely responsible for the quantity, quality, merchantability, guarantee and warranties in respect of the products offered for sale through their online store.
4.6 On receipt of the approved order, the Vendor shall dispatch the products within a period of 15 minutes.
4.7 In respect of the orders for Products placed through the Online Store, the Vendor shall submit proof of dispatch to the satisfaction of the Consumer within 5 minutes.
5.1 Vendor agrees and acknowledges that the Company, at all times during the continuance of this Agreement, shall have the right to:
6.1 The Company shall not be held liable or responsible for any loss, injury or damage to the Vendor, or any other party whomsoever, arising on account of any transaction under the Agreement or as a result of the Products being in any way defective, damaged, in an unfit condition, violating or infringing any laws, intellectual, regulations, property rights of any third party.
6.2 The Vendor shall be solely liable for any damages, claims or allegation arising out of the Products offered for sale through its online store including but not limited to the quantity, quality, merchantability, price, use for a particular purpose, or any other related claim and shall not hold the Company liable for any such claims and damages.
6.3 The Company shall not be liable for any damages or claims arising out of any misrepresentation, negligence, or misconduct by the Vendor or any of its representatives.
7.1 The Company shall have the right to remove the shop from the platform in the event:
7.2 The Shop may be closed by either party giving the other party a prior 30 days written notice.
7.3 During the notice period both the parties shall be bound to perform its obligations incurred under the terms and conditions.
8.1 It is expressly agreed between the Parties that each Party shall retain all interest, right, and title in their respective trademarks and logos (“Intellectual Property”) and that nothing contained in the Agreement, nor the use of the Intellectual Property on the advertising, publicity, promotional or other material in relation to the Services shall be construed as giving to any Party any interest, right, and title of any nature whatsoever to any of the other Party’s Intellectual Property.
8.2 Vendor grants Ecommerce Platform a non-exclusive license to use its intellectual property solely for the purposes of this Agreement.
9.1 Both parties agree to keep confidential all proprietary or sensitive information shared during the course of their business relationship.
10.1 Any disputes arising under this Agreement shall be resolved through mediation by a neutral third party agreed upon by both parties.
10.2 If mediation is unsuccessful, the parties may pursue other legal remedies as provided for under applicable law.
11.1 This Agreement shall be governed by the laws of India. Subject to this clause, the courts of Chidambaram shall have exclusive jurisdiction to determine any dispute arising out of or in relation to these Terms of Use.
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Last updated on: 22/02/2024