Conditions of Use
Terms of Service
Acceptance of terms
Thank you for using Foodiffin. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Foodiffin website at www.Foodiffin.com (the "Site") and any related mobile or software applications ("Foodiffin Platform")
including but not limited to delivery of information via the website whether existing now or in the future that links to the Terms (collectively, the "Services").
These Terms are effective for all Foodiffin customers, including but without limitation to users having access to the 'restaurant business page' to manage their claimed business listings.
Please read these Terms carefully. By accessing or using the Foodiffin Platform, you are agreeing to these Terms and concluding a legally binding contract with Foodiffin (formerly known as Foodiffin Private
Limited) and/or its affiliates (excluding Foodiffin Private Limited) (hereinafter collectively referred to as "Foodiffin"). You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Foodiffin Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.
In order to use the Services, you must first agree to the Terms. You can accept the Terms by:
• Clicking to accept or agree to the Terms, where it is made available to you by Foodiffin in the user interface for any particular Service; or
• Actually using the Services. In this case, you understand and agree that Foodiffin will treat your use of the Services as acceptance of the Terms from that point onwards.
Definitions
Customer
"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to 'restaurant business page' to manage
claimed business listings or otherwise.
Content
"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "Foodiffin Content" means content that
Foodiffin creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software,
aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third- Party Content. "Third Party Content" means content that comes from parties other than Foodiffin or its Customers, such as Restaurant Partners and is available on the Services.
Restaurant(s)/Kitchens
"Restaurant/Kitchens" means the restaurants/Kitchens listed on Foodiffin Platform.
Eligibility to use the services
1. You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms.
2. Compliance with Laws. You are in compliance with all laws and regulations in the country in which you live when you access and use the Services. You agree to use the Services only in compliance with these Terms and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
Changes to the terms
Foodiffin may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued
compliance with these Terms. Your use of Foodiffin Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.
Translation of the terms
Foodiffin may provide a translation of the English version of the Terms into other languages. You
understand and agree that any translation of the Terms into other languages is only for your convenience
and that the English version shall govern the terms of your relationship with Foodiffin. Furthermore, if there are any inconsistencies between the English version of the Terms and its translated version, the English version of the Terms shall prevail over others.
Provision of the services being offered by Foodiffin
1. Foodiffin is constantly evolving in order to provide the best possible experience and information to its Customers. You acknowledge and agree that the form and nature of the Services which Foodiffin provides, may require affecting certain changes in it, therefore, Foodiffin reserves the right to suspend/cancel, or discontinue any or all products or services at any time without
notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
2. We, the software, or the software application store that makes the software available for download may include functionality to automatically check for updates or upgrades to the software. Unless your device, its settings, or computer software does not permit transmission or use of upgrades or updates, you agree that we, or the applicable software or software
application store, may provide notice to you of the availability of such upgrades or updates and automatically push such upgrade or update to your device or computer from time-to-time. You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to
correct issues with the Services). Any updates or upgrades provided to you by us under the Terms shall be considered part of the Services.
3. You acknowledge and agree that if Foodiffin disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content, which is contained in your account.
4. You acknowledge and agree that while Foodiffin may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services, Foodiffin may set such fixed upper limits at any time, at Foodiffin's discretion.
5. In our effort to continuously improve the Foodiffin Platform and Services, we undertake research and conduct experiments from time to time on various aspects of the Services and offerings, including our apps, websites, user interface and promotional campaigns. As a result of which, some Customers may experience features differently than others at any given time. This is for making the Foodiffin Platform better, more convenient, and easy to use, improving Customer experience, enhancing the safety and security of our services and offerings, and developing new services and features.
6. By using Foodiffin's Services you agree to the following disclaimers:
a. The Content on these Services is for informational purposes only. Foodiffin disclaims any liability for any information that may have become outdated since the last time the particular piece of information was updated. Foodiffin reserves the right to make changes and corrections to any part of the Content on these Services at any time without prior notice. Foodiffin does not guarantee the quality of the Goods, the prices
listed in menus or the availability of all menu items at any Restaurant/Merchant. Unless stated otherwise, all pictures and information contained on these Services are believed
to be owned by or licensed to Foodiffin. Please email a takedown request (by using the "Contact Us" link) to the webmaster if you are the copyright owner of any Content on
these Services and you think the use of the above material violates your copyright in any way. Please indicate the exact URL of the webpage in your request. All images shown
here have been digitized by Foodiffin. No other party is authorized to reproduce or republish these digital versions in any format whatsoever without the prior written permission of Foodiffin.
b. Any certification, licenses, or permits ("Certification") or information in regard to such Certification that may be displayed on the Restaurant's listing page on the Foodiffin Platform is for informational purposes only. Such Certification is displayed by Foodiffin on an 'as available' basis that is provided to Foodiffin by the Restaurant
partner(s)/Merchant(s). Foodiffin does not make any warranties about the validity, authenticity, reliability, and accuracy of such Certification or any information displayed in this regard. Any reliance by a Customer upon the Certification or information thereto shall be strictly at such Customer's own risk and Foodiffin in no manner shall assume any liability whatsoever for any losses or damages in connection with the use of this
information or for any inaccuracy, invalidity or discrepancy in the Certification or non- compliance of any applicable local laws or regulations by the Restaurant partner/Merchant.
7. Foodiffin reserves the right to charge a subscription and/or membership fee in respect of any of its product or service and/or any other charge or fee on a per order level from Customers, in
respect of any of its product or service on the Foodiffin Platform anytime in future.
8. Foodiffin may from time to time introduce referral and/or incentive-based programs for its Customers (Program). These Program(s) may be governed by their respective terms and conditions. By participating in the Program, Customers are bound by the Program terms and conditions as well as the Foodiffin Platform terms. Further, Foodiffin reserves the right to
terminate/suspend the Customer's account and/or credits/points earned and/or participation of the Customer in the Program if Foodiffin determines in its sole discretion that the Customer has violated the rules of the Program and/or has been involved in activities that are in contravention of the Program terms and/or Foodiffin Platform terms or has engaged in activities which are
fraudulent/unlawful in nature. Furthermore, Foodiffin reserves the right to modify, cancel and discontinue its Program without notice to the Customer.
9. Foodiffin may from time to time offer to the Customers credits, promo codes, vouchers, or any other form of cashback that Foodiffin may decide at its discretion. Foodiffin reserves the right to modify, convert, cancel, and/or discontinue such credits, promo codes, or vouchers, as it may deem fit.
Use of services by you or the Customer
1. Foodiffin Customer Account Including 'Claim Your Business Listing' Access
a. You must create an account in order to use some of the features offered by the Services, including without limitation to 'claim your business listing' on the Services. Use of any personal information you provide to us during the account creation process is governed by our Privacy Policy. You must keep your password confidential and you are solely responsible for maintaining the confidentiality and security of your account, all changes and updates submitted through your account, and all activities that occur in connection with your account.
b. You may also be able to register to use the Services by logging into your account with your credentials from certain third-party social networking sites (e.g., Facebook). You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information and other information that may be available on or
through your social media account consistent with your applicable settings and instructions.
c. In creating an account and/or claiming your business listing, you represent to us that all information provided to us in such process is true, accurate, and correct and that you will update your information as and when necessary in order to keep it accurate. If you are creating an account or claiming a business listing, then you represent to us that you
are the owner or authorized agent of such business. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts or business listings except as otherwise authorized by us or provide or use false information to obtain access to a business listing on the Services that you are not legally entitled to claim. You acknowledge that any false claiming of a business listing may cause Foodiffin or third parties to incur substantial
economic damages and losses for which you may be held liable and accountable.
d. You are also responsible for all activities that occur in your account. You agree to notify us immediately of any unauthorized use of your account in order to enable us to take necessary corrective action. You also agree that you will not allow any third party to use your Foodiffin account for any purpose and that you will be liable for such unauthorized access.
e. By creating an account, you agree to receive certain communications in connection with Foodiffin Platform or Services. For example, you might receive comments from other Customers or other Customers may follow the activity to do on your account. You can opt-out or manage your preferences regarding non-essential communications through
account settings
2. Others Terms
a. In order to connect you to certain restaurants, we provide value added telephony
services through our phone lines, which are displayed on the specific restaurant listing page on the Foodiffin Platform, which connect directly to restaurants' phone lines. We record all information regarding this call including the voice recording of the
conversation between you, and the restaurant (for internal billing tracking purposes and customer service improvement at the restaurant's end). If you do not wish that your information be recorded in such a manner, please do not use the telephone services provided by Foodiffin. You explicitly agree and permit Foodiffin to record all this
information when you avail the telephony services through the Foodiffin provided phone lines on the Foodiffin Platform.
b. You agree to use the Services only for purposes that are permitted by (a) the Terms and
(b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
c. You agree to use the data owned by Foodiffin (as available on the Services or through any other means like API etc.) only for personal use/purposes and not for any commercial use (other than in accordance with 'Claim Your Business Listing' access) unless agreed to by/with Foodiffin in writing.
d. You agree not to access (or attempt to access) any of the Services by any means other than the interface that is provided by Foodiffin, unless you have been specifically
allowed to do so, by way of a separate agreement with Foodiffin.
e. You agree that you will not engage in any activity that interferes with or disrupts the
Services (or the servers and networks which are connected to the Services). You shall not delete or revise any material or information posted by any other Customer(s), shall not
engage in spamming, including but not limited to any form of emailing, posting or messaging that is unsolicited.
Content
1. Ownership of Foodiffin Content and Proprietary Rights
a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Foodiffin Content, which may be protected by
copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others
through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Foodiffin and that you shall not disclose such information without Foodiffin's prior written consent.
b. You agree to protect Foodiffin's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Foodiffin (or Foodiffin's licensors) own
all legal right, titles and interests in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and
wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Foodiffin and that you shall not disclose such information without Foodiffin's prior written consent. Unless you have agreed otherwise in writing with Foodiffin, nothing in the Terms gives you a right to use any of Foodiffin's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Foodiffin; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all
available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of Foodiffin's Content in whole or in part except as expressly authorized by Foodiffin.
d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe the rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.
2. Your License to Foodiffin Content
a. We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the
Services for any illegal purpose or in any manner inconsistent with these Terms. You may use the information made available through the Services solely for your personal, non- commercial use. You agree not to use, copy, display, distribute, modify, broadcast,
translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Foodiffin Content in whole or in part except as expressly authorized by us. Except as
otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Foodiffin Content, or our IP Rights.
b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.
3. Foodiffin License to Your or Customer Content
In consideration of availing the Services on the Foodiffin Platform and by submitting Your Content, you hereby irrevocably grant Foodiffin a perpetual, irrevocable, worldwide, non-
exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content (including content shared by any business user having access to a 'restaurant business page' to manage claimed business listings or otherwise) and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third-party services, allow their users and others to do the same. You grant us the
right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or
attribution with respect to Your Content brought against Foodiffin or its Customers, any third- party services, and their users.
4. Representations Regarding Your or Customer Content
a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or
website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third-party services, and our and any third party
users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws.
b. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.
c. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content,
we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Foodiffin.
5. Content Removal
We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of
the Terms, or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you
under any circumstances. Further, the Restaurant reserves the right to delete any images and pictures forming part of Customer Content, from such Restaurant's listing page at its sole
discretion.
6. Third-Party Content and Links
a. Some of the content available through the Services may include or link to materials that belong to third parties, such as third-party reservation services or food delivery/ordering or dining out. Please note that your use of such third-party services will be governed by the terms of service and privacy policy applicable to the corresponding third party. We may obtain business addresses, phone numbers, and other contact information from
third-party vendors who obtain their data from public sources.
b. We have no control over and make no representation or endorsement regarding the accuracy, relevancy, copyright compliance, legality, completeness, timeliness, or quality of any product, services, advertisements, and other content appearing in or linked to
from the Services. We do not screen or investigate third-party material before or after including it in our Services.
c. We reserve the right, in our sole discretion and without any obligation, to make
improvements to, or correct any error or omissions in, any portion of the content accessible on the Services. Where appropriate, we may in our sole discretion and
without any obligation, verify any updates, modifications, or changes to any content
accessible on the Services, but shall not be liable for any delay or inaccuracies related to such updates. You acknowledge and agree that Foodiffin is not responsible for the
availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources.
d. Third-party content, including content posted by our Customers or Restaurant Partners, does not reflect our views or that of our parent, subsidiary, affiliate companies,
branches, employees, officers, directors, or shareholders. In addition, none of the content available through the Services is endorsed or certified by the providers or
licensors of such third-party content. We assume no responsibility or liability for any of Your Content or any third-party content.
e. You further acknowledge and agree that Foodiffin is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such
websites or resources. Without limiting the generality of the foregoing, we expressly disclaim any liability for any offensive, defamatory, illegal, invasive, unfair, or infringing content provided by third parties.
7. Customer Reviews
a. Customer reviews or ratings for Restaurants do not reflect the opinion of Foodiffin. Foodiffin receives multiple reviews or ratings for Restaurants from Customers, which reflect the opinions of the Customers. It is pertinent to state that each and every review posted on Foodiffin is the personal opinion of the Customer/reviewer only. Foodiffin is a
neutral platform, which solely provides a means of communication between Customers/reviewers including Customers or restaurant owners/representatives with access to the restaurant business page. The advertisements published on the Foodiffin Platform are independent of the reviews received by such advertisers.
b. We are a neutral platform and we don't arbitrate disputes, however in case someone
writes a review that the restaurant does not consider to be true, the best option for the restaurant representative would be to contact the reviewer or post a public response in order to clear up any misunderstandings. If the Restaurant believes that any particular Customer's review violates any of Foodiffin's policies, the restaurant may write to us at support@foodiffin.com and bring such violation to our attention. Foodiffin may remove the review in its sole discretion if the review is in violation of the Terms, or content guidelines and policies or otherwise harmful to the Services
Content guidelines and privacy policy
1. Content Guidelines
You represent that you have read, understood and agreed to our Guidelines and policies related to Content
2. Privacy Policy
You represent that you have read, understood, and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal processes or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public
Restrictions on use
1. Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole
discretion:
a. Violate our Guidelines and Policies;
b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory,
discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;
c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.
d. Contains material that violates the standards of good taste or the standards of the Services;
e. Violates any third-party right, including, but not limited to, right of privacy, right of
publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;
f. Accuses others of illegal activity, or describes physical confrontations;
g. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.
h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);
i. Attempts to impersonate another person or entity;
j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;
k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;
l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings
or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;
m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;
n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;
o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;
p. Accesses or uses the account of another customer without permission;
q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or electronic
communications equipment;
r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;
s. "Hacks" or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;
t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment,
consulting, or non-disclosure agreement);
u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;
v. Removes, circumvents, disables, damages or otherwise interferes with security- related features, or features that enforce limitations on use of, the Services;
w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;
x. Collects, accesses, or stores personal information about other Customers of the Services;
y. Is posted by a bot;
z. Harms minors in any way;
aa. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is
insulting any other nation;
bb. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or
cc. Attempts to do any of the foregoing.
dd. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;
2. You acknowledge that Foodiffin has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body
3. You hereby agree and assure Foodiffin that the Foodiffin Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international
law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject
matter of these Terms or to make any representation or warranty on behalf of Foodiffin in any form or manner whatsoever.
4. You hereby agree and assure that while communicating on the Foodiffin Platform including but not limited to giving cooking instructions to the Restaurants, communicating with our support agents on chat support or with the Delivery Partners, through any medium, You shall not use abusive and derogatory language and/or post any objectionable information that is unlawful,
threatening, defamatory, or obscene. In the event, you use abusive language and/or post objectionable information, Foodiffin reserves the right to suspend the chat support service
and/or block your access and usage of the Foodiffin Platform, at any time with or without any notice.
5. Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Foodiffin Platform, Foodiffin shall have the right to immediately block your access and usage of the Foodiffin Platform and Foodiffin shall have the right to remove any non-
compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.
Customer feedback
1. If you share or send any ideas, suggestions, changes or documents regarding Foodiffin's existing business ("Feedback"), you agree that (i) your Feedback does not contain the confidential,
secretive or proprietary information of third parties, (ii) Foodiffin is under no obligation of confidentiality with respect to such Feedback, and shall be free to use the Feedback on an unrestricted basis (iii) Foodiffin may have already received similar Feedback from some other Customer or it may be under consideration or in development, and (iv) By providing the
Feedback, you grant us a binding, non-exclusive, royalty-free, perpetual, global license to use, modify, develop, publish, distribute and sublicense the Feedback, and you irrevocably waive,
against Foodiffin and its Customers any claims/assertions, whatsoever of any nature, with regard to such Feedback.
2. Please provide only specific Feedback on Foodiffin's existing products or marketing strategies; do not include any ideas that Foodiffin's policy will not permit it to accept or consider.
3. Notwithstanding the abovementioned clause, Foodiffin or any of its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative
artwork, suggestions or other works ("Submissions") in any form to Foodiffin or any of its employees.
4. The purpose of this policy is to avoid potential misunderstandings or disputes when Foodiffin's products or marketing strategies might seem similar to ideas submitted to Foodiffin. If, despite our request to not send us your ideas, you still submit them, then regardless of what your letter says, the following terms shall apply to your Submissions.
5. Terms of Idea Submission
You agree that: (1) your Submissions and their Contents will automatically become the property of Foodiffin, without any compensation to you; (2) Foodiffin may use or redistribute the Submissions and their contents for any purpose and in any way; (3) there is no obligation for Foodiffin to review the Submission; and (4) there is no obligation to keep any Submissions confidential.
Advertising
1. Some of the Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by Foodiffin on the Services are subject to change without specific notice to you. In consideration for Foodiffin granting you access to and use of the Services, you agree that Foodiffin may place such advertising on the Services.
2. Part of the site may contain advertising information or promotional material or other material submitted to Foodiffin by third parties or Customers. Responsibility for ensuring that material submitted for inclusion on the Foodiffin Platform or mobile apps complies with applicable international and national law is exclusively on the party providing the information/material. Your correspondence or business dealings with, or participation in promotions of, advertisers other than Foodiffin found on or through the Foodiffin Platform and or mobile apps, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, shall be solely between you and such
advertiser. Foodiffin will not be responsible or liable for any error or omission, inaccuracy in
advertising material or any loss or damage of any sort incurred as a result of any such dealings or as a result of the presence of such other advertiser(s) on the Foodiffin Platform and mobile
application.
3. For any information related to a charitable campaign ("Charitable Campaign") sent to Customers and/or displayed on the Foodiffin Platform where Customers have an option to donate money by way of (a) payment on a third party website; or (b) depositing funds to a third party bank
account, Foodiffin is not involved in any manner in the collection or utilization of funds collected pursuant to the Charitable Campaign. Foodiffin does not accept any responsibility or liability for the accuracy, completeness, legality or reliability of any information related to the Charitable
Campaign. Information related to the Charitable Campaign is displayed for informational purposes only and Customers are advised to do an independent verification before taking any action in this regard.
Additional Terms and Conditions for Customers using the various services offered by Foodiffin:
1. FOOD ORDERING AND DELIVERY:
a. Foodiffin provides food ordering and delivery services by entering into contractual
arrangements with restaurant partners (“Restaurant Partners”) and Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for food ordering and delivery by the Customers on the Foodiffin Platform.
b. The Customers can access the menu items or Products listed on the Foodiffin Platform and place orders against the Restaurant Partner(s)/Store(s) /Kitchen (s) through Foodiffin.
c. Your request to order food and beverages or Products from a Restaurant Partner or a Store page on the Foodiffin Platform shall constitute an unconditional and irrevocable authorization issued in favour of Foodiffin to place orders for food and beverages or Products against the Restaurant Partner(s)/Store(s) /Kitchen (s) on your behalf.
d. Delivery of an order placed by you through the Foodiffin Platform may either be undertaken directly by the Restaurant Partner or the Store against whom you have placed an order, or facilitated by Foodiffin through a third party who may be available to provide delivery
services to you (“Delivery Partners”). In both these cases, Foodiffin is merely acting as an intermediary between you and the Delivery Partners, or you and the Restaurant Partner or the Store, as the case may be.
e. The acceptance by a Delivery Partner of undertaking delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Delivery Partner, to which Foodiffin is not a party under any applicable law. It is clarified that Foodiffin does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Customers through
the Foodiffin Platform by connecting the Customers with the Delivery Partners or the Restaurant Partners or the Store, as the case may be.
f. Where Foodiffin is facilitating delivery of an order placed by you, Foodiffin shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service,
wrong delivery of order, time taken to deliver the order, order package tampering, etc.
g. You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Restaurant Partner or the Store or Foodiffin, as the Delivery Partner or the Restaurant Partner or the Store or Foodiffin may determine (“Delivery Charges"). You agree that
Foodiffin is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store or itself, the Delivery Charges for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner or Foodiffin, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple
factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, time of the day. Foodiffin will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
h. In addition to the Delivery Charges, you may also be charged an amount towards delivery
surge for delivery of your order facilitated by the Delivery Partner or the Restaurant Partner or the Store or Foodiffin, which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined
from time to time (“Delivery Surge"). You agree that Foodiffin is authorized to collect, on behalf of the Restaurant Partner or the Delivery Partner or the Store or Foodiffin, the
Delivery Surge for the delivery service provided by the Restaurant Partner or the Store or the Delivery Partner or Foodiffin, as the case may be. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant Partner / Store, order value, distance, demand during peak hours. Foodiffin will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your
awareness of such Delivery Surge.
i. In respect of the order placed by You, Foodiffin shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
j. You are expected to respect the dignity and diversity of Delivery Partners and accordingly you agree to not discriminate against any Delivery Partner on the basis of Discrimination Characteristics (as defined below). You are also expected to enable provision of a secure and fearless gig/ platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners.
Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.
2. Food Ordering and Delivery with Restaurant Partners:
a. All prices listed on the Foodiffin Platform are provided by the Restaurant Partner, including packaging or handling charges, if any, at the time of publication on the Foodiffin Platform and the same are displayed by Foodiffin as received from the Restaurant Partner. While we
take great care to keep them up to date, the final price charged to you by the Restaurant
Partner, including the packaging and handling charges may change at the time of delivery. In the event of a conflict between price on the Foodiffin Platform and price charged by the Restaurant Partner, the price charged by the Restaurant Partner shall be deemed to be the correct price except the Delivery Charge of Foodiffin.
3. General Terms and Conditions
a. Foodiffin is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant Partner(s)/Store(s) /Kitchen (s) on
behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Foodiffin, and facilitates the sale and purchase of food and
beverages or Products between Customers and Restaurant Partners/Store(s), under the contract for sale and purchase of food and beverages or Products between the Customers and Restaurant Partners/Store(s).
b. Foodiffin shall not be liable for any acts or omissions on part of the Restaurant
Partner/Store(s) including deficiency in service, wrong delivery of order/order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
c. The Restaurant Partner(s)/Store(s) /Kitchen (s) shall be solely responsible for any
warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of Foodiffin.
d. For the Customers in India, it is hereby clarified by Foodiffin that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant Partner(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For
the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.
e. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if
provided, prior to placing your order. Foodiffin shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.
f. While placing an order you shall be required to provide certain details, including without limitation, contact number and delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Foodiffin's terms and privacy policies.
g. You or any person instructed by you shall not resell food and beverages or Products purchased via the Foodiffin Platform.
h. The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the Foodiffin Platform when you place your order, which may be
rounded up to the nearest amount. Customers shall make a full payment towards such food or Products ordered via the Foodiffin Platform.
i. Any amount that may be charged to you by Foodiffin over and above the order value, shall be inclusive of applicable taxes.
j. Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.
k. Personal Promo code can only be used by You subject to such terms and conditions set forth by Foodiffin from time to time.
4. Foodiffin Subscription:
a. Meal Plan Subscription Options: Foodiffin offers meal plan subscriptions for durations of 7 days, 15 days, and 30 days. Subscribers can select from these options based on their preferences and requirements. More plans can be added/modified/removed in future at Foodiffin discretion and customer’s feedback.
b. Customizable Delivery Time and Address: Subscribers have the flexibility to choose the desired delivery time and address for their meal deliveries at the time of subscribing a meal plan for the entire duration of the subscription.
c. Discounted Trials:
i. Subscribers have the opportunity to enjoy up to three discounted meal trials as provided by our Restaurant Partner(s)/Store(s). The specific discount amount or percentage for these trials will be determined by the respective Restaurant Partner(s)/Store(s).
ii. These discounted trials are subject to the terms and conditions set by the Restaurant Partner(s)/Store(s) /Kitchen (s) and are available exclusively to potential subscribers who are considering a meal plan subscription.
d. Eligibility for Discounted Trials:
i. Subscribers currently on an active meal plan subscription are not eligible to avail themselves of discounted meal trials. This restriction is in place to ensure
fairness and consistency in subscription benefits.
ii. Subscribers are eligible to participate in discounted meal trials either before
enrolling in a subscription through the Foodiffin platform or after the successful completion or cancellation of their subscription.
iii. Subscribers will be re-eligible for free/discounted food trails post expiry of the longest subscription plan
e. Foodiffin reserves the right to modify, adjust, or discontinue the availability of
discounted trials in collaboration with Restaurant Partner(s)/Store(s) /Kitchen (s) as deemed necessary. Any changes in the availability or terms of discounted trials will be communicated to Subscribers through appropriate channels.
f. Subscribers acknowledge and agree to abide by the terms outlined in this Meal Plan Subscription and Discounted Trials Clause, which forms an integral part of the overall subscription agreement between the Subscriber and Foodiffin. In case of any conflicts or inconsistencies between this clause and other clauses within the agreement, this clause shall prevail concerning matters related to meal plan subscriptions and discounted trials.
g. Foodiffin shall not be liable for any acts or omissions on part of the Restaurant
Partner/Store(s) including deficiency in service, wrong delivery of order/order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
h. The Subscriber acknowledges and agrees that they have the option to pause an active subscription for a period of up to 365 days. During this paused period, the Subscriber's access to the subscribed services will be temporarily suspended. The Subscriber can subsequently choose to resume the subscription at any time during the 365-day pause period.
i. In the event that the Subscriber does not choose to resume a paused subscription within 365 days from the date of pausing, the subscription will be deemed expired. Upon
expiration, the Subscriber's access to the subscribed services will be permanently terminated, and the Subscriber will no longer be eligible to reactivate the same
subscription plan and cannot get any kind of refund/replacement against the expired subscription. The amount with Foodiffin will be forfeited post validity expiry.
j. It is the sole responsibility of the Subscriber to manage and monitor the paused subscription and to decide whether to resume the subscription within the stipulated 365-day period. The Company shall not be held liable for any loss, inconvenience, or dissatisfaction arising from the Subscriber's failure to resume a paused subscription within the specified time frame.
k. By pausing a subscription, the Subscriber acknowledges that they have read,
understood, and agreed to the terms outlined in this Subscription Pause and Expiration Clause.
k.l. The subscriber will have the flexibility to switch the Restaurant Partner(s)/Store(s)
/Kitchen (s) (by cancelling the existing subscription) in case the existing subscription Restaurant Partner(s)/Store(s) /Kitchen (s) closed the services due to any reason during the paused subscription and within 365 days of subscription validity.
l.m. This Subscription Pause and Expiration Clause is an integral part of the overall subscription agreement between the Subscriber and Foodiffin. In the event of any conflicts or inconsistencies between this clause and other clauses within the agreement, this clause shall prevail with respect to matters related to subscription pausing,
resumption, and expiration.
m.n. Foodiffin reserves the right to modify or update this Subscription Pause and
Expiration Clause at its discretion, with any changes being communicated to Subscribers through appropriate channels.
n.o.By continuing to use the subscribed services, the Subscriber indicates their ongoing acceptance of this Subscription Pause and Expiration Clause and any subsequent revisions or updates made by Foodiffin.
5. Cancellation and refund policy:
a. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Foodiffin, that is, in the event you provide incorrect particulars, contact number, delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services
offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Foodiffin to place that order against the Restaurant Partners/Store(s) on your behalf (“Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorize Foodiffin to deduct or collect the
amount payable as liquidated damages through such means as Foodiffin may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order.
b. There may be cases where Foodiffin is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Foodiffin, Restaurant Partner/Store or Delivery Partner. In such cases, Foodiffin shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.
c. No replacement/refund/or any other resolution will be provided without Restaurant Partner’s/Store(s)’ permission.
d. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, delivery of the wrong order or food and
beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.
e. You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant Partner /Store on a best-efforts basis.
f. All refunds shall be processed in the same manner as they are received unless refunds have been provided to You in the form of credits, the refund amount will reflect in your account based on respective banks policies.
g. Cancellation of Subscription: Subscribers have the freedom to cancel their subscription at any time during the subscription tenure. The cancellation process can be initiated
through the Foodiffin app or platform.
h. Refund Calculation and Options:
i. Upon subscription cancellation, the refund amount will be calculated based on
the remaining number of meals in the subscription. The calculation will take into account the meals that have not been fulfilled as per the original subscription plan.
ii. Subscribers will be presented with the choice of receiving the refund amount in either their Foodiffin app wallet or their designated bank account. The preferred refund method can be selected during the cancellation process.
iii. The wallet refund will happen on immediate basis and refund in bank account will take 4-7 working days which is outside the control of Foodiffin.
i. Customer Satisfaction and Restaurant Partner(s)/Store(s) /Kitchen (s) Services:
i. Should a Subscriber find themselves dissatisfied with the services provided by
the Restaurant Partner(s)/Store(s), including but not limited to food quality and delivery services, they have the option to take the following steps:
1. Cancel the active subscription: If the Subscriber is not satisfied with the services provided by the current Restaurant Partner(s)/Store(s), they can cancel the active subscription at any time.
2. Opt for a subscription from another Restaurant Partner(s)/Store(s): After canceling the current subscription, the Subscriber can choose to enroll in a subscription offered by a different Restaurant Partner(s)/Store(s)
/Kitchen (s) that aligns better with their preferences.
j. Foodiffin does not guarantee the satisfaction of every individual preference, as the quality and services of the Restaurant Partner(s)/Store(s) /Kitchen (s) may vary. Subscribers are encouraged to explore the various options available on the platform to find the best match for their preferences.
k. Subscribers acknowledge and understand that dissatisfaction with the services of a
specific Restaurant Partner(s)/Store(s) /Kitchen (s) does not entitle them to a refund for meals that have already been consumed or delivered, except as outlined in the refund calculation process mentioned above.
l. This Subscription Cancellation, Refund, and Customer Satisfaction Clause forms a vital part of the complete subscription agreement between the Subscriber and Foodiffin. Should any conflicts or inconsistencies arise between this clause and other sections of the agreement, this clause shall prevail with respect to matters pertaining to subscription cancellation, refunds, and customer satisfaction. Subscribers are
encouraged to review this clause carefully before proceeding with subscription enrollment and cancellation.
6. FOODIFFIN PAY:
a. Payment Methods: Customers/Subscribers have the option to pay for their orders and subscriptions using their including but not limited to debit cards, credit cards, UPI, net banking, Foodiffin App wallet, subject to the guidelines set forth by the Reserve Bank of India (RBI) and the specific policies of their respective bank.
b. Foodiffin App wallet. This payment method allows funds to be added from their bank account, including but not limited to debit cards.
i. In the event that the Customers/Subscriber has sufficient credit in their app wallet, they can pay the full amount of their order using the wallet balance.
c. Insufficient App Wallet Balance: Should the Customers/Subscriber's app wallet balance be insufficient to cover the full amount of their order or subscription, the Customers/Subscriber
must add more money to the app wallet from their bank account. The additional amount added will cover the deficit and allow the Customers/Subscriber to complete their transaction.
d. App Wallet Withdrawal:
i. Customers/Subscribers have the option to process a withdrawal of the funds from their app wallet back to their bank account, subject to the guidelines set forth by the Reserve Bank of India (RBI) and the specific policies of their respective bank.
e. Payment Failures and Responsibility: Foodiffin holds no responsibility for payment failures that may occur during transactions, including but not limited to technical errors, network issues, or
any unforeseen circumstances. Customers/Subscribers are advised to ensure their payment information and the platform's functionality are functioning optimally before proceeding with transactions.
f. Additional Help and Support: In the event of any queries, issues, or the need for additional help or support related to payments, Customers/Subscribers are encouraged to contact us at support@foodiffin.com. Our Customer support team will provide assistance and guidance to address any concerns.
Disclaimer of warranties, limitation of liability, and Indemnification
Disclaimer of Warranties
You acknowledge and agree that the services are provided "as is" and "as available" and that your use of the services shall be at your sole risk. To the fullest extent permitted by applicable law, Foodiffin, its
affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries, and licensors ("Foodiffin parties") disclaim all warranties, express or implied, in connection with the services including mobile apps and your use of them. To the fullest extent permitted by applicable law, the
Foodiffin parties make no warranties or representations that the services have been and 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 (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the services, (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein,
(iv) any interruption or cessation of transmission to or from the services, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the services through the actions of any third party, (vi) any loss of your data or content from the services and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted,
emailed, transmitted, or otherwise made available via the services. Any material downloaded or
otherwise obtained through the use of the services is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material. The Foodiffin parties will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or
services. You are solely responsible for all of your communications and interactions with other customers of the services and with other persons with whom you communicate or interact as a result of your use of the services. No advice or information, whether oral or written, obtained by you from Foodiffin or
through or from the services shall create any warranty not expressly stated in the terms. Unless you have been expressly authorized to do so in writing by Foodiffin, you agree that in using the services, you will not use any trademark, service mark, trade name, or logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos.
Limitation of liability
To the fullest extent permitted by applicable law, in no event shall the Foodiffin parties be liable to you for any damages resulting from any (i) errors, mistakes, or inaccuracies of content, and/or (ii) personal
injury or property damage, of any nature whatsoever, resulting from your access to and use of the
services including mobile app, and/or (iii) any unauthorized access to or use of our servers and/or any and all personal information stored therein, and/or (iv) any interruption or cessation of transmission to or from our servers, and/or (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the services by any third party, and/or (vi) any loss of your data or content from the services, and/or (vii) any errors or omissions in any content or for any loss or damage of any kind incurred as a
result of your use of any content posted, transmitted, or otherwise made available via the services,
whether based on warranty, contract, tort, or any other legal theory, and whether or not the Foodiffin parties are advised of the possibility of such damages, and/or (viii) the disclosure of information pursuant to these terms or our privacy policy, and/or (ix) your failure to keep your password or account details secure and confidential, and/or (x) loss or damage which may be incurred by you, including but not limited to loss or damage as a result of reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any
advertiser or sponsor whose advertising appears on the services, and/or delay or failure in performance resulting from causes beyond Foodiffin's reasonable control. In no event shall the Foodiffin parties be
liable to you for any indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, however, caused and under any theory of liability, including but not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss.
Indemnification
You agree to indemnify, defend, and hold harmless the Foodiffin 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) Your Content, (ii) your unauthorized use of the Services, or products or services included or advertised in the Services; (iii) your access to and use of the Services; (iv) your violation of any rights of another party; or (v) your breach of these Terms, including, but not limited to, any
infringement by you of the copyright or intellectual property rights of any third party. We 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 us. We reserve the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify us and you agree to
cooperate with our defense of these claims. You agree not to settle any matter in which we are named as a defendant and/or for which you have indemnity obligations without our prior written consent. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Termination of your access to the services
a. You can delete your account at any time by contacting us via the "Contact Us" link at the bottom of every page or by following this process: Go to Profile > Setting > Security >
click on the 'Delete Account' button and ceasing further use of the Services.
b. We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms;
or (ii) lack of use of the Services. You agree that any termination of your access to the
Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services.
General Terms
Interpretation:
The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.
Entire Agreement and Waiver:
The Terms, together with the 'Privacy Policy', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power, or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall
any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.
Severability:
If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.
Partnership or Agency:
None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Foodiffin and you shall have no authority to bind Foodiffin in any form or manner, whatsoever.
Governing Law/Waiver:
For Customers residing in India: These Terms shall be governed by the laws of India. The Courts of Pune, Maharashtra shall have exclusive jurisdiction over any dispute arising under these terms.
For all Customers: You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence, notwithstanding any statute of limitations or other law to the contrary. Within this period, any failure by us to enforce or exercise any provision of
these terms or any related right shall not constitute a waiver of that right or provision.
Carrier Rates may Apply:
By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.
Linking and Framing:
You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory,
infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.
Notice of copyright infringement
Foodiffin shall not be liable for any infringement of copyright arising out of materials posted on or
transmitted through the Foodiffin Platform, or items advertised on the Foodiffin Platform, by end users or any other third parties. We respect the intellectual property rights of others and require those that use the Services to do the same. We may, in appropriate circumstances and at our discretion, remove or disable access to material on the Services that infringes upon the copyright rights of others. We also
may, in our discretion, remove or disable links or references to an online location that contains infringing material or infringing activity. In the event that any Customers of the Services repeatedly infringe on
others' copyrights, we may in our sole discretion terminate those individuals' rights to use the Services If you believe that your copyright has been or is being infringed upon by material found in the Services, you are required to follow the below procedure to file a notification: Identify in writing the copyrighted material that you claim has been infringed upon; Identify in writing the material on the Services that you allege is infringing upon copyrighted material, and provide sufficient information that reasonably identifies the location of the alleged infringing material (for example, the user name of the alleged
infringer and the business listing it is posted under);
• Include the following statement: "I have a good faith belief that the use of the content on the Services as described above is not authorized by the copyright owner, its agent, or law";
• Include the following statement: "I swear under penalty of perjury that the information in my notice is accurate and I am the copyright owner or I am authorized to act on the copyright owner's behalf";
• Provide your contact information including your address, telephone number, and e- mail address (if available);
• Provide your physical or electronic signature;
• Send us a written communication to support@foodiffin.com
You may be subject to liability if you knowingly make any misrepresentations on a take-down notice.
Contact Us:
Details of the Company
Legal Entity Name: Foodiffin (formerly known as Foodiffin Private Limited)
CIN: U47912PN2023PTC220015
Registered Address: Flat No.904, No. D6, -, Western Hills SocietyPhase 1 Sus Road, Mohan Nagar Cooperative Society Baner, Pune, Maharashtra, 411021
Corporate Address: Flat No.904, No. D6, -, Western Hills SocietyPhase 1 Sus Road, Mohan Nagar Cooperative Society Baner, Pune, Maharashtra, 411021
Details of website and Application: www.Foodiffin.com (“Website”) and “Foodiffin” application for mobile and handheld devices
Contact Details: support@foodiffin.com
Grievance Redressal Mechanism:
Customer Care Channels
• For any order-related issue, you may first reach out to us via chat support on the Foodiffin app for real-time basis resolution.
• You may write to us at support@Foodiffin.com and we will strive to resolve your order-related grievance within the timelines prescribed under applicable laws.
• For a complaint raised on chat support, you will receive a unique ticket number to track the status of your complaint.
• In case you do not receive a satisfactory response from support@foodiffin.com, as the case maybe, you can escalate the matter to our Grievance Officer by raising a ticket over chat support and we shall address your concern within an estimated time of forty-eight (48) hours.
Details of the Grievance Officer Abhishek Sihag
Grievance & Customer Success Officer, Foodiffin Private Limited
Flat No.904, No. D6, -, Western Hills SocietyPhase 1 Sus Road, Mohan Nagar Cooperative Society Baner, Pune, Maharashtra, 411021
Email address: abhishek@foodiffin.com
Time: Monday - Friday (10:00 a.m. to 18:00 p.m.)
For Customers residing in India, please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made
thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer is given herein above.
Please note: Foodiffin does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on Foodiffin’s behalf. You may report such suspicious activities to support@foodiffin.com .