TERMS OF USE

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 MEALOCITY SERVICES.


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.


1. DEFINITIONS


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 Service.

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 and growth.

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 Application.

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 and conditions of this Terms of Use and the Privacy Policy on the Mealocity App and/or 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 individual;
  • 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 entity;
  • 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.

4. ORDERING


  • 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 Food Delivery.
  • 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.

6. DELIVERY


  • 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 Mealocity.
  • 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.

7. CANCELLATION


  • 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.

8. INFORMATION


  • 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 Mealocity's Privacy Policy.
  • 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 information.

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 action.

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 terms of use, including, but not limited to, compensatory, consequential, incidental, 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 Food items.

12. INDEMNIFICATION


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.

13. MISCELLANEOUS


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.

15. WAIVER


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.

16. SEVERABILITYS


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.

17. NOTICES


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.

18. RELATIONSHIP


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.

19.COMPLAINTS


All notice or complaints in relation to Mealocity, to be addressed to feedback@mealocity.in.