General Terms of Services at Dhunii.com
These Terms of Services (the “Terms”) are an agreement between Dhunii.com (the “Website” or the “Company” or “us” or “our”) and you (the “User” or “you” or “your”).
This page is an electronic record in terms of Information Technology Act, 2000. It is a computer generated electronic record that does not require physical or digital signature.
- Our company is incorporated under the Companies Act 1956/ Companies Act 2013 and owns the Website and the domain name Dhunii.com.
- The Company delivers food online by accepting orders and payment made by the User. Any order placed on the Website is subject to availability, delivery capacity and acceptance of the Company.
- User shall be the legal person to become a buyer availing Services of the Website by registering or by providing Registration Data to us.
- These terms are provided with heading in each section, which by no means shall be used either by the Company or the User to interpret the provisions. The mentioned headings are used for organizing the provisions which have no legal value or contractual value.
- The Company holds the sole responsibility to modify, update or delete these Terms without any prior information to the User. User is responsible to read this document periodically to confirm any revisions to this agreement.
Definition of Business
The Company reserves the sole right to amend the definition of business, and in the herewith under mentioned agreement, we ensure consistency by including these highlighted terms for Business.
“Excluding the retail trading activity of any kind, Business shall mean the designing, aggregating, manufacturing, selling and distributing/ catering of meals and Food crafted by our team/chefs.”
Acceptance of Terms
These Terms set forth the general terms and conditions of your use of the products or services (the “Services” or the “Food”) made available by the Website. By ordering the Food or accessing the Services, you agree to be bound by these Terms. If you do not agree to abide by the Terms of our Website, you are not authorized to use or access the Services.
- The Website is governed by the Terms mentioned in each section of this document. Visiting and browsing the Website further means the User have read, agreed and bound by the Terms.
- Use of the Website, deemed as consent of the User to the Terms and it grants you a limited privilege which is personal, non-transferable and non-exclusive right to use our Services.
In accordance to the Indian Contract Act, 1872, the Website is available only to the User above the age of 18 years, except “Incompetent to Contract” including inter alia insolvents. Minors can use the Website through a Legal Guardian. Additionally, the Website reserves the right to terminate your account or rights to avail the Services being a minor.
- In furtherance of our rights, duties and obligations, we have entered into contract with third parties and service providers that may contact you. Such calls will be made only in pursuance of objectives associated to marketing and promotions, no other calls will be made.
Website As An Intermediary Platform
These Terms are an agreement between the User and the Company and as such breach of the agreement and thus any claim arising out of the breach of the agreement shall subject to the Company and the User. The Company, by no way, a party to such breach to an agreement or involved in any suit arising from the breach.
Browsing of the Website is free of cost, as no such membership fee is charged on the User. Unless, otherwise stated, charges shall be applicable of the Food and the Services made available by the Company.
User has a personal, non-exclusive and restricted privilege to the Website. Limited use of the Website is allowed only with our consent and prior permission.
- Information displayed on the website is sole property of the Company and every User of this Website complies with the Terms not to cut, copy, distribute, modify, recreate, reverse engineer, distribute, post, publish, disseminate or create derivative works from, transfer, or sell any information sourced from the Website along with the software. The content, data and information displayed on the Website are not available for unlimited or wholesale reproduction, unwarranted modification or copying for commercial or non commercial purpose.
- With acceptance to this section of the Terms, User abides to access the information on the Website though the interface, no other means, including deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process shall be permitted. Accessing the Website or to attempt to obtain the information/ material/ Content with illegal means is specifically banned and no User shall be permitted to copy, acquire or monitor the information displayed on the Website to reproduce or circumvent the navigational structure or presentation of the Website, materials or any Content. The Website disclaims all the liabilities of the offensive or otherwise objectionable content from other users that may seem indecent to you. However, a user is free to report such allegedly indecent content.
- User shall comply with the applicable laws when allowed to post or upload information or inoffensive data on the Website. You are bound not to:
- Violate the legal rights of other users and otherwise not to abuse, harass, threaten, defame, disillusion, erode, abrogate, or demean other users;
- Involve in any act that disrupts the access of the Services, including the network/server connected to the website;
- Post or disseminate, any hateful, or harassing information which is invasive of another user’s privacy and unlawful, blasphemous, defamatory, obscene, pornographic, pedophilic, libelous, racially, ethnically objectionable, disparaging, relating to gambling, or otherwise objectionable to “indecent representation of women” within the meaning of the Indecent Representation of Women (Prohibition) Act, 198;
- Publish or Post any data or file which resembles to infringement of the copyright, patent or trademark rights of other parties;
- Post, upload or distribute data or files containing viruses, corrupted files, or any other similar programs that seem to damage the operation of the Website or other users’ computer;
- Test the Website or any network connected to the Website to probe the vulnerability or breach the security or authentication measures on the same. Users are bound not to trace or seek to trace information of other users, visitors or customers of the website, including any User Account that is not owned by you; you undertake not to exploit the Website or information made available to you, in any manner, including but not limited to revealing the personal identification information of other users, as provided for by the Website;
- Cause harm or disrupt or interfere with the security of the Website, and with the systems resources, accounts, passwords, servers or networks or affiliated links connected to the Websites;
- Store information or data about other customers or users with the prohibited conduct and activities set forth in the Section of User Obligation.
- Use the Website or any information or Content for prohibited or unlawful purpose to these Terms, or to solicit the performance of any illegal activity that deem to infringement of the rights of the Website or other third parties;
- Violate the guidelines or code of conduct, which may be applicable for or to any particular Service on the Website;
- Violate the regulations or applicable laws for the time being in force within or outside India;
- Violate the Terms including but not limited to Additional Terms of the Website that are applicable or contained herein or elsewhere;
- Create liability for the Website or cause us to lose (in whole or in part) the services of other suppliers and service provides including our internet service provider (\\\”ISPs\\\”)
Any act of advertising to sell any products or services related to that being displayed on the Website, along with solicitation of other users on the Website is strictly prohibited. You undertake not to transmit chain letters or commercial or junk email to other Users by means of the Website. Without our prior explicit consent, using the information obtained from the Website to harass abuse or harm other person, or to contact, advertise or solicit other users is subject to violation of these Terms. In such manner, we in our sole discretion believe necessary or appropriate in connection with the investigation or possible crimes, including those that may involve personal injury and User hereby expressly authorizes us to disclose the information to government officials or law enforcement entities.
We reserve the right to edit or delete any content that in our sole discretion violate or alleged to violate the applicable law. We have no obligation to monitor the information posted by you on our Website, and shall reserve the right to remove content that violate the spirit or letter of these Terms.
Notwithstanding this right, USERS SHALL REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OR ANY MATERIAL POSTED BY THEM ON THE WEBSITE OR IN THE PRIVATE MESSAGES. We disclaim all the responsibility or liability for any content posted on the Website and in no manner, shall we liable for any claims, damages or losses resulting from use of content and/or appearance of content on the Website. You hereby represent and warrant that the content provided does not contain any libelous, tortuous, or otherwise unlawful information and the provided information shall not infringe any proprietary or other rights of our third parties.
Payment and Price
By using the payment facility, you consent to the bipartite contract made between the Company and the User, and you shall pay to the Company the entire Transaction price via your issuing Bank.
- Food will be delivered only to the address given at the time of order placement.
- The specified delivery time is 30-45 minutes and any extension or increase in the dispatch or delivery time shall not be the liability of the Website.
- Website shall not be liable to any case of late delivery.
- Our Services may not be delivered to your desired locations, in any case or whatsoever, with prior explicit information arrangements shall be made to cancel the order or deliver the Food at another address.
If the orders placed on the Website/ Apps satisfy the below mentioned terms and conditions, then it can be cancelled by calling the helpline number.
- An order can be cancelled within 15 minutes of placing the order.
The prepaid amount of cancelled orders shall be refunded to the User within 4 to 5 business days from the day of cancellation.
Cash on Delivery
- The Website offers cash on delivery for the Services that belong or comply with the defined eligibility or price limit for cash on delivery.
- You undertake that the address given for delivery is under serviceable network of our Company.
- The invoice amount for cash on delivery order shall be inclusive of all charges and the payment for the same shall be done in cash. It is stated that Cheque or DD is not acceptable by any means.
Third Party Information
Apart the content owned by the Website, the remaining text, user interface, visual interface, graphics, photographs, logos, music, sound and artwork, which may collectively refer to “Content” is generated by a third party and the Website have no control over such content.
Unless, otherwise stated, without the prior explicit written consent of the Website, use of third party user generated Content is not allowed for reproducing, republishing, posting, uploading, encoding, transmitting, translating, distributing or mirroring and public display to any other website, network, server or computer, along with other medium of publication and distribution related to any commercial enterprise.
Data/Information Provided by Us
- Our company holds the sole right to any comment and article posted by our team on periodic basis. The information provided by our team is the Intellectual Property of our Company and you undertake not to post, reproduce, publish, change or edit any such data or information. In case any post violates or infringes the individual rights of any User, then the Company with explicit consent allows the User to contact us via e-mail. Unless otherwise stated, we reserve the final rights and we have no obligation to remove such information.
- We shall be entitled to, take utmost care and concern to the authenticity of the data or information published by our team on the Website. However, the Company shall not be liable to the data posted by other Users or publish as an outcome of system generated error.
- Loss arising from any activity that results in negligence, breach of contract, Intellectual Property and Trademark infringement, or breach of laws shall not be the liability of the Company.
- Unless otherwise stated or implied we do not endorse the external links of other websites that are connected or displayed on our Website. The Company, in no manner, liable for the information published on the connected links and other websites. Users are advised to use or visit the website at their sole discretion as we shall not be liable to any loss or damage occurred to you by navigation and the policies of external websites.
Indemnification And Limitation Of Liability
OUR TEAM, AFFILIATED PARTNERS, VENDORS AND SUPPLIERS SHALL NOT BE LIABLE TO YOU FOR ANY SPECIAL, CONSEQUENTIAL, INDIRECT OR INCIDENTAL DAMAGE, INCLUDING THOSE OCCURRED BY THE BREACH OF THE CONTRACT OR WARRANTY, ALONG WITH NEGLIGENCE, TORTUOUS ACTION, OR ANY OTHER CLAIM THAT ARISES WITH YOUR CONNECTION OR USE OR ACCESS TO THE WEBSITE AND ITS SERVICES.
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW IS SUBJECT TO THE LIMITATIONS AND EXCLUSIONS OF THIS SECTION.
Disclaimer of Warranties And Liabilities
USER WITH THE DIRECT CONSENT EXPRESSLY AGREES THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW:
THE INFORMATION AND MATERIAL PROVIDED ON THE WEBSITE IS ON “AS IS” BASIS AND THE COMPANY SHALL NOT BE LIABLE FOR ANY KIND OF WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT OR APPROPRIATENESS FOR A PARTICULAR PURPOSE. THE COMPANY MAKES NO WARRANT, WITHOUT LIMITING THE FOREGOING LIABILITY, THAT:
- THE SERVICES PROVIDED BY US WILL BE UNINTERRUPTED, RENDERED IN A TIMELY MANNER OR WILL MEET THE REQUIREMENTS OF OUR USERS.
- WE WILL CORRECT OR AMEND THE ERRORS OR DEFECTS IN OUR OFFERED MATERIAL, OR SERVICES.
- THE IMAGES AND DESCRIPTION DISPLAYED ON THE WEBSITE SHALL FIT WITH THE OFFERED FOOD, AND THE FOOD SHALL BE FIT FOR CONSUMPTION. THE COMPANY SHALL HAVE NO LIABILITY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FOR THE CONTENT POSTED BY USER WHICH MAY ARISE OUT OF LIBEL, PRIVACY INTELLECTUAL PROPERTY RIGHTS, PUBLICITY, OBSCENITY OR OTHER LAWS. ADDITIONALLY, THE COMPANY SHALL NOT BE LIABLE FOR THE MISUSE, MODIFICATION, UNAVAILABILITY OR LOSS OF ANY CONTENT POSTED BY THE USER.
Compliance with Laws
Users of the Website expressly agree that they shall comply with all the laws applicable to them for using the payment facility and the Website or its Services.
User agrees to comply without limitation to the laws of
- Exchange Management Act, 1999 along with the rules made and notifications made and issued there under;
- The Exchange Control Manual as may be issued by Reserve Bank of India from time to time;
- Foreign Customs Act;
- Information and Technology Act, 2000 as amended by the Information Technology (Amendment) Act 2008;
- Prevention of Money Laundering Act, 2002 and the rules made there under;
- Foreign Contribution Regulation Act, 1976 and the rules made there under;
- Income Tax Act, 1961 and the rules made there under; and
- Export Import Policy of government of India).
The agreement of Terms, its formation and interpretation or any dispute arising out of its performance is subject to the applicable law, rules and regulations of India. The User hereby submits to personal jurisdiction of the courts located in Rajsamand that will be the exclusive jurisdiction and venue for action and above mentioned disputes
In the event of inconsistency related to handling of the Terms and practices of the Company, the User has the right to express the concern at firstname.lastname@example.org