THE TERMS OF SERVICE ("TERMS") HAVE BEEN UPDATED IN AUGUST, 2016.
PLEASE READ THE TERMS CAREFULLY BEFORE USE OF THE MEALOCITY's
SERVICES. THESE TERMS CONSTITUTE A LEGAL AND BINDING AGREEMENT
BETWEEN YOU (THE END USER OF MEALOCITY) AND MEALOCITY FOOD TECH
("MFT") (THE OWNER OF MEALOCITY), AND GOVERN YOUR USE OF THE
MEALOCITY. BY CHECKING/CLICKING ON THE 'I AGREE' LINK AND/OR BY
DOWNLOADING AND/OR INSTALLING AND/OR BROWSING OR USING MEALOCITY,
YOU EXPRESSLY ACCEPT THE TERMS. IF YOU DO NOT ACCEPT TO THE TERMS,
PLEASE DO NOT BROWSE AND/OR DOWNLOAD AND/OR INSTALL AND/OR USE
This document is an electronic record in terms of Information Technology Act, 2000 and rules
thereunder pertaining to electronic records in various statutes as amended by the Information
Technology Act, 2000. The website, www.mealocity.in and its wapsite and Application is
owned, operated and maintained by Mealocity Food Tech.
For the purpose of these Terms, the terms "You" "Your" or "User" shall mean any person,
natural or legal who uses or browses Mealocity. The term "Mealocity","We", "Us", "Our" shall
refer to Mealocity Service being provided by MFT.
i. "Use" or "Using" means to access, view, download, upload, or any other legal use or
otherwise benefit from using the Mealocity Service.
ii. "User" or "you" means any person who accesses or uses the Mealocity Service for his
own purpose or on behalf of someone else and includes any legal entity.
iii. "User's Content" means any content, including any text, data, information or other
material, that you may upload, transmit or store using the functionality of the Mealocity
iv. "Order": means any order placed for food through the Mealocity's Mobile App/Website.
v. "Food" means any perishable substance that people eat or drink in order to maintain life
vi. "Food Delivery" means the service provided by Mealocity for delivery of Food at such
premises as intimated by the User.
vii. "Mealocity App"/"App" means a Mobile Application owned and operated by Mealocity
and all screenshots, pages appearing, appended, available along with this Mobile
viii. "Mealocity Service" means collectively including all content provided through
the Mealocity App and the Website.
ix. "Website" means www.mealocity.in and all web-pages appearing, appended, available
along with the Website.
2. MEALOCITY SERVICE USE
i. User is hereby allowed to use the Mealocity Service subject to acceptance of the terms
Website ("Terms"). Mealocity retains the right to change the Terms from time to time
and such modified Terms shall be immediately applicable. Every time You use the
Mealocity Service, it shall constitute your acceptance of changes made to Terms.
ii. User has discretion not to use the Mealocity Service, so User's use of the Mealocity
Service, despite having the right and power of not to use, is construed as User has
accepted the Terms.
iii. Mealocity can provide User, subject to acceptance of Terms, at its sole discretion, the
User Name and Password ("User Account"). Mealocity solely reserves the right to accept
or reject application made by User for having User Account without obligation of
explanation. Mealocity reserves the right to store, evaluate, anlayse, verify and
authenticate the personal information and data provided by the User. The User hereby
acknowledges that Mealocity continues to maintain right to close the User Account
without any prior notice for any reasons whatsoever it may be.
iv. Any person who accesses this Mealocity Service is presumed to be legally capable of
entering into a legal contract and has understood and voluntarily accepted the Terms.
3. RULES OF CONDUCT
i. The Mealocity Service shall facilitate the User to order Food online by using the
Mealocity App and/or Website. You acknowledge, agree that you have complete
responsibility while ordering Food through the Mealocity App and/or Website. The
User's discretion is required while using the Mealocity Service.
iii. The Mealocity Service shall be used solely for User's non-exclusive, non-assignable,
non-transferable and limited personal use and for no other purposes. User's use of the
Mealocity Service is subject to all applicable local, state, national laws and regulations.
User shall in any manner do or attempt to copy, change, alter, amend, reverse engineer,
decompile, reverse translate, disassemble, publish, disclose, display or make available, or
in any other manner, decode the Mealocity App and/or the Website.
iii. You shall not/attempt to host, display, upload, modify, publish, transmit, update or share
any information that:
- a. belongs to another person and to which You do not have any right to; or interferes
with another user's use and enjoyment of Mealocity Service;
- b. that is harmful, harassing, blasphemous, defamatory, obscene, pornographic,
libelous, invasive of another's privacy, hateful, or ethnically objectionable,
disparaging, relating or encouraging money laundering or gambling, or otherwise
unlawful in any manner whatever;
- c. misleading in any way;
- d. is patently offensive to the online community, such as content that promotes
pedophilia, racism, bigotry, or physical harm of any kind against any group or
- e. involves the transmission of "junk mail," "chain letters," or unsolicited mass
mailing or "spamming";
- f. infringes upon intellectual property rights of third party or violates rights of
privacy (including without limitation unauthorized disclosure of a person's name,
email address, physical address or phone number) or rights of publicity;
- g. contains restricted or password-only access pages, or hidden pages or images;
- h. contains video, photographs, or images of another person without his or her
express written consent and permission or the permission or the consent of his her
guardian in the case of minor;
- i. violates any law for the time being in force;
- j. You shall not use any "virus", "deep-link", "page-scrape", "robot", "spider" or
other automatic device, program, algorithm or methodology, or any similar or
equivalent manual/software process/ program intended to harm or destroy any
information, software/hardware/systems etc and/or access, acquire, copy or
monitor any portion of Mealocity or any content, or in any way reproduce or
circumvent the navigational structure or presentation of Mealocity or any of its
content, to obtain or attempt to obtain any materials, documents or information
through any means not purposely made available through Mealocity. We reserve
the right to bar any such activity;
- k. You shall not probe, scan or test the vulnerability of Mealocity App/Website nor
breach the security or authentication measures on it or any network connected to
it. You may not reverse look-up, trace or seek to trace any information on any
other user of or visitor to Mealocity to its source;
- l. You agree that You will not take any action that imposes an unreasonable or
disproportionately large load on the infrastructure of Mealocity or any systems or
networks connected to it;
- m. You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin of any message or transmittal You send to Us on or through
Mealocity or any service offered on or through it. You may not pretend that You
are, or that You represent, someone else, or impersonate any other individual or
- n. You shall not engage in advertising to, or solicitation of, other users of Mealocity
to buy or sell any products or services, including, but not limited to, services
being displayed on or related to Mealocity;
- o. We reserve the right, but have no obligation, to monitor the User Content. We
shall have the right to remove or edit any User Content that, in its sole discretion
violates, or is alleged to violate, any applicable law or either the spirit or letter of
these Terms. YOU REMAIN SOLELY RESPONSIBLE FOR THE USER
CONTENT YOU PUBLISH ON MEALOCITY AND IN YOUR PRIVATE
MESSAGES. Please be advised that such User Content published does not
necessarily reflect Mealocity's views. In no event shall Mealocity assume or have
any responsibility or liability for any User Content posted or for any claims,
damages or losses resulting from use of and/or appearance of User Content on it.
You hereby represent and warrant that You have all necessary rights in and to all
User Content and all information it contains and that such User Content shall not
infringe any proprietary or other rights of third parties or contain any libellous,
tortious, or otherwise unlawful information;
- p. Your correspondence or business dealings with, or participation in promotions of,
third party advertisers found on or through Mealocity, including payment and
delivery of goods or services, and any other terms, conditions, warranties or
representations associated with such dealings, are solely between You and such
third party advertiser. We shall not be responsible or liable for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such third party advertisers on Mealocity. You acknowledge and
agree that Mealocity is not responsible or liable for: (i) the availability or
accuracy of such websites or resources; or (ii) the content, products, or services
on or available from such websites or resources. Links to such websites or
resources do not imply any endorsement by Mealocity of such websites or
resources or the content, products, or services available from such websites or
resources. You acknowledge sole responsibility for and assume all risks arising
from Your use of any such websites or resources;
- q. It is possible that other users (including unauthorized users or "hackers") may
post or transmit offensive or obscene materials on Mealocity and that You may be
involuntarily exposed to such offensive and obscene materials. It also is possible
for others to obtain personal information about You on the public forum due to
Your use of Mealocity, and that the recipient may use such information to harass
or injure You. We do not approve of such unauthorized uses but by
browsing/using Mealocity Services, You acknowledge and agree that We shall
not responsible for the use of any personal information that You publicly disclose
or share with others on Mealocity Service. Please carefully select the type of
information that You publicly disclose or share with others on Mealocity Service.
- i. You agree that, any contract for the Food and Food Delivery ordered through use of
Mealocity App and/or Website is between You and Mealocity any contract for the supply
of Mealocity Service from the Mealocity App and/or Website is between You and
Mealocity. You agree to take reasonable care when providing Mealocity with your details
and warrant that these details are accurate and complete at the time of ordering Food.
You also warrant that the credit or debit card details that You provide are of your own
credit or debit card.
- ii. Food, Food Delivery and Mealocity Service purchased / availed from the Mealocity App
and/or Website is intended for your use only and You warrant that any Food purchased
by You is not for resale and that You are acting as an end customer only and not as an
agent for another party while receiving the Food, Food Delivery and Mealocity Service.
- iii. You understand that some type of Food may be suitable for Users within certain age
ranges only. It is your sole responsibility to check whether the Food you are ordering is
suitable for the intended recipient.
- iv. You understand that, if the ordered Food is within the Food Delivery capacity of the
Mealocity, it will accept the order. If the details of the order are correct, the order for the
Food and Food Delivery will be confirmed by text message (SMS) to the User.
- v. In case the Food offered by Mealocity is ordered, Mealocity will confirm availability
together with or separately from Food Delivery.
- vi. The confirmation message will specify delivery details including the approximate
delivery time specified by the Participating Restaurant and the price of the Food and
- vii. In case Food Delivery is not possible for whatsoever reason, Mealocity will let you know
by text message (SMS) or phone call. You understand and acknowledge that in
unforeseeable events or Force Majeure events, Mealocity may not be able to reach and/or
communicate with You about the non-delivery.
5. PRICES AND PAYMENT
- i. All prices listed on the Mealocity App and/or Website for Food is correct at the time of
publication. While Mealocity takes great care to keep them up to date, the final price
charged to you by Mealocity may change at the time of delivery based on the latest menu.
Mealocity reserves the right to alter the menu of Food available for sale on the Mealocity
App and/or Website and to delete and remove from listing its menu of Food and Food
Delivery options, if any.
- ii. Mealocity will try to make every possible effort to inform the User about the price
difference and the User can choose to opt-out of the order at that time.
- iii. The total price for Food and Food Delivery including all other charges, taxes, costs, if
any, will be displayed on the Mealocity App and/or Website when you place your order.
Full payment must be made for all the particulars mentioned in the order. Payment has to
be made in cash or, if available on the Mealocity App and/or Website, by online payment
including through credit card or debit card, net-banking, digital wallets provided through
tie-ups with third parties .
- iv. If you choose online payment, you must pay for your order before it is delivered. You
shall ensure that online payment mode is secured, your debit/credit card details will be
encrypted to prevent the possibility of someone being able to read them as they are sent
over the internet. Your credit card company may also conduct necessary security checks
to confirm about your identification before making any such payment.
- i. Delivery period quoted at the time of ordering are approximate only and may vary. Food
will be delivered to the address as intimated by you while ordering.
- ii. If delivery is done by the Chef or its delivery partners, it is the chef's sole responsibility
to provide Food Delivery in a timely manner.
- iii. In case delivery is done by Mealocity or a third party delivery service provider assigned
by Mealocity, Mealocity will take reasonable care to deliver in a timely manner. No
responsibility is taken for late delivery by Mealocity in either case.
- iv. Mealocity will make every effort to deliver within the time stated; however, Mealocity
will not be liable for any loss caused to you by late delivery. If the Food is not delivered
within the estimated delivery time quoted, User shall contact Mealocity by email and
Mealocity will try to ensure that you receive your order as quickly as reasonably possible.
- v. In case of a late delivery, the delivery charge will neither be voided nor refunded by
- vi. All risk in the Food and Food Delivery shall pass to you upon delivery.
- vii. If you fail to accept delivery of Food at the time they are ready for delivery or Mealocity
is unable to deliver at the nominated time due to your failure to provide appropriate
instructions or authorizations, then the Food shall be deemed to have been delivered to
you and all risk and responsibility in relation to such Food shall pass to you. Any storage,
insurance and other costs which Mealocity incur as a result of the inability to deliver shall
be your responsibility and you shall indemnify Mealocity in full for such cost.
- viii. You must ensure that at the time of delivery of Food adequate arrangements,
including access where necessary, are in place for the safe delivery of the Food.
Mealocity cannot be held liable for any damage, cost or expense incurred to such Food as
a result of a failure to provide adequate access or arrangements for delivery.
- ix. Mealocity shall not be liable to you for any losses, liabilities, costs, damages, charges or
expenses arising out of late delivery;
- x. You understand and accept that it might not be possible for Mealocity to deliver to some
locations. In such cases, Mealocity will inform you accordingly and arrange for
cancellation of the order or delivery to any alternative delivery address.
- i. Orders once placed cannot be cancelled under any circumstances. In the event of any
genuine reason for order cancellation, You must notify Us immediately if you decide
torequesting to cancel your order, preferably by through the options provided phone in
the 'contact us' section and quote your order number. If We accept your cancellation,
which shall be entirely at our sole discretion, no cancellation fee applies. If We refuse
cancellation e.g. because preparation of Food Delivery has been completed and/or
delivery personnel is already out for delivery, the order for the Food may not be
cancelled. Mealocity will not be able to refund the money already paid for any cancelled
order, for which Food has been already prepared and/or dispatched.
- ii. Mealocity may cancel an order if the Food is not available for any reason. Mealocity will
notify you if this is the case and return any payment that you have made.
- iii. If the cancellation was made in time and once We have accepted your cancellation,
Mealocity will refund or re-credit your debit or credit card or net banking account with
the full amount within 14 days, which includes the initial delivery charge (where
applicable) which you paid for the delivery of the Food, as applicable.
- iv. In the unlikely event that We deliver a wrong order, You have the right to reject the
delivery of the wrong order and you shall be fully refunded for the missing item in the
order. The order's completeness will be decided by comparing delivered Food with the
Menu. If We can only do a partial delivery (a few items might be not available), We shall
inform you or propose a replacement for missing items. You have the right to refuse a
partial order before delivery and get a refund.
- i. Where Mealocity have requested information from you to provide Food Delivery, you
agree to provide Mealocity with accurate and complete information.
- ii. You authorize Mealocity to use, store or otherwise process your personal information in
order to provide the Food Delivery to you and for marketing and credit control purposes
(the "Purpose"). The Purpose may include the disclosure of your personal information to
selected third parties from time to time where Mealocity believes that the services offered
by such third parties may be of interest to you or where this is required by law or in order
to provide the Food Delivery to you in future. More information can be found in
- iii. You are entitled to request a copy of the said personal information Mealocity holds about
you. Please contact us if you wish to request copy of this information.
9. PERSONAL INFORMATION AND PRIVACY
- i. You understand and acknowledge that by choosing Mealocity You have allowed
Mealocity to use your personal information.
- ii. User understands, acknowledges and agrees that although Mealocity provides appropriate
firewalls and protections, the Mealocity Service is not hack proof. Data pilferage due to
unauthorized hacking, virus attacks, technical issues is possible.
- iii. In case Mealocity is required to disclose your personal information in order to assist the
Government Authority or in adherence to the Court Order or to protect the interest of the
Mealocity Service and/or any particular user(s), Mealocity will disclose it without
obtaining prior permission from you. You authorize us to disclose your personal
10. OWNERSHIP OF INTELLECTUAL PROPERTY
All data, information is the property of Mealocity or its Users. If you believe that the Mealocity
Service contains elements that infringe your intellectual property rights in your work, please
notify Mealocity immediately. If Mealocity receives intellectual property right infringement
claim notification and it is felt appropriate, Mealocity may remove all such content from the
Mealocity App and/or Website which is indicated as infringing and/or take any other appropriate
11. DISCLAIMER AND LIMITATIONS OF LIABILITY
- i. The Mealocity service and all Contents, Materials and postings are made available on an
"as is" and "as available" basis, without any representation or warranty of any kind,
express or implied. Your data get pilfered, damaged, lost, garbled or become useless.
Without limiting the foregoing, Mealocity is not responsible or liable for any malicious
code, delays, inaccuracies, errors, or omissions out of your use of the Mealocity service.
You understand, acknowledge and agree that you are assuming the entire risk as to your
data, quality, accuracy, performance, timeliness, adequacy, completeness, correctness,
authenticity, safety, security and validity of any and all features and functions of the
Mealocity service, including, without limitation, postings and materials associated with
your use of the Mealocity service.
- ii. You understand and agree that, to the fullest extent permissible by law, Mealocity and
their Successors & Assigns, or any of their affiliates or their respective Officers,
Directors, Employees, Agents, Licensors, Representatives, Operational service Providers,
Advertisers or Suppliers shall not be liable for any loss or damage, of any kind, direct or
indirect, in connection with or arising from use of the Mealocity service or from this
indirect, special or punitive damages.
- iii. Under no circumstances and under no legal theory, whether in tort, contract, or otherwise,
shall MFT be liable to you or to any other person or entity for any damages whatsoever
(including, without limitation, damages for loss of profits, loss of goodwill, loss of
confidential or other information, business interruption, work stoppage, computer failure
or malfunction, personal injury, loss or privacy, failure to meet any duty including a duty
of good faith or of reasonable care, negligence (whether active or passive), and any other
pecuniary or other loss whatsoever) arising out of or in any way related to the use or
inability to use Mealocity, loss of data or otherwise under or in connection with any
provision of these terms, even in the event of Fault, Tort (including negligence, and gross
negligence), Strict Liability, Breach of Contract, or Breach of Warranty, and even if MFT
has been advised of the possibility of such damages. In no event will MFT be liable for
any damages in excess of your last order on Mealocity.
- iv. Photographs provided on the Mealocity App and/or Website are only for reference and
shall be treated as an example without any warranty, guarantee, quality, suitability, look,
taste and feel. The Food items displayed in photographs or advertisements may have
variations in colours, tastes, looks, feel, packaging etc. when compared to the delivered
You agree to indemnify, defend and hold Mealocity, its parents, subsidiaries, affiliates,
successors, assigns and licensors, franchisees or sub-franchisees, any of their respective officers,
directors, employees, agents, vendors, licensors, representatives, advertisers, service providers
and suppliers harmless from and against any and all claims, actions, losses, expenses, damages
and costs (including reasonable attorneys' fees), resulting from any breach or violation of Terms
by You, or due to your activities related to the Mealocity Service, whether by use of User
Account or otherwise.
These Terms contains the entire understanding and agreement between User and Mealocity and
supersedes any and all prior or inconsistent understandings relating to Mealocity Service and
Your use of Mealocity Service. Terms can be updated, changed or terminated by Mealocity at
any time. MEALOCITY reserves the right, at its sole discretion, to may modify the Terms from
time to time ("Updated Terms"). The Updated Terms shall be effective immediately and shall
supersede these Terms. You are responsible for reviewing any Updated Terms before using
Mealocity. By continuing to use Mealocity after the Updated Terms have been published, You
affirm Your agreement to the Updated Terms.
Any provision which must survive in order to allow us to enforce its meaning shall survive the
termination of Terms.
Terms and your use of Mealocity Service is governed by, construed and enforced in accordance
with the laws of India applicable to contracts made, executed and wholly performed on the
Mealocity Service, and, for the purposes of any and all legal or equitable actions, you
specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Mumbai,
Maharashtra, India and you will not object to such jurisdiction or venue on the grounds of lack of
personal jurisdiction or otherwise.
14. FORCE MAJEURE
Without limiting the foregoing, under no circumstances shall Mealocity be held liable for any
damage or loss due to deficiency in performance of the Mealocity Service resulting directly or
indirectly from acts of nature, forces or causes beyond its reasonable control, including without
limitation, Internet failures, computer equipment failures, telecommunication equipment failures,
other equipment failures, electrical power failures, third party service failures.
The failure of MFT to enforce or to exercise at any time or for any period any term of or any
right pursuant to these Terms shall not be construed as a waiver of any such right and shall in no
way affect it's right later to enforce or exercise it.
Each provision of the Terms is independent of each other. If any provision of the Terms is found
void and unenforceable, it will not affect the validity of the remaining provisions of Terms,
which shall remain valid and enforceable.
When You use or send any data, information or communication to Mealocity, You agree and
understand that You are communicating with it through electronic records and You consent to
receive communications via electronic records from Mealocity periodically and as and when
required. Mealocity will communicate with You by email or any push or other message or
electronic records on the email address and or mobile number available with it which will be
deemed adequate service of notice / electronic record.
The relationship between MFT and You is on a principal-to- principal basis. You are in no way
MFT's legal representative, partner or agent for any reason whatsoever.
All notice or complaints in relation to Mealocity, to be addressed to firstname.lastname@example.org.