Terms & Conditions

Welcome to Takeaway Services!

We invite you to access our TAKEAWAY SERVICES website ("Website") and use the TAKEAWAY SERVICES application ("Application"), but please note that our invitation to you is subject to your agreement with these Terms of Service. This document describes in detail your rights and our rights relating to the provision of the Service (as defined below). By accepting these Terms, you are also accepting and agreeing to be bound by the Privacy Policy.

PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES OFFERED BY TAKEAWAY SERVICES. BY AGREEING TO THESE TERMS AND CONDITIONS OR USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU HAVE READ AND AGREE TO BE BOUND BY AND BE A PARTY TO THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF THE TERMS OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS EXPRESSLY LIMITED TO SUCH TERMS. IF YOU DO NOT UNCONDITIONALLY AGREE TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU SHOULD STOP USING THE APPLICATION OR SERVICES IMMEDIATELY. USE OF SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.

This may not be the only contract that you are entering into with us. It depends upon how you interact with the TAKEAWAY SERVICES and our software applications. If you are selling on the TAKEAWAY SERVICES application, we may enter into a separate agreement with you. We refer to each of these as a "Separate Agreement." If that happens, the Separate Agreement shall take precedence if there is a conflict between those terms and these Terms, to the extent of such conflict and with respect to the particular subject matter of that Separate Agreement.

TERMS OF SERVICE:

The Terms of Service constitutes a contract between TAKEAWAY SERVICES and you. The Terms include the provisions set forth in this document and in the TAKEAWAY SERVICES Privacy Policy and Separate Agreements, and other terms or conditions that may be presented by us and accepted by you from time to time in connection with specific Service offerings (all of which we collectively refer to as the "Terms of Service" or "Terms" or "Terms and Conditions"). If you do not agree to these Terms, you do not have the right to access or use our Service. If you do register for or otherwise use our Service, including accessing our website, you shall be deemed to confirm your acceptance of the Terms and your agreement to be a party to this binding contract.

By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use and treatment of the text, images, and other data you choose to input, upload, or store in the Application (collectively, "Content") and your personal information in accordance with such Privacy Policy.

TAKEAWAY SERVICES SERVICE:

TAKEAWAY SERVICES enables transactions on its Platform between participating restaurants/merchants and buyers, dealing in (a) food and beverages, and (b) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries and other such entities ("Merchant/s"), on the Platform. 

All such aforesaid services browsing experiences, softwares, applications, web-sites, facilities, literature, Platform Services and any other product or service including the TAKEAWAY SERVICES Software (as defined below) and Application, and other products, services and websites hosted or made available by TAKEAWAY SERVICES are collectively referred to in these Terms as the "Service" or "TAKEAWAY SERVICES Service". For such Services, TAKEAWAY SERVICES is merely acting as an intermediary between the Merchants and Buyers and Buyers/Merchants. It is further clarified that once an Order is placed, the Buyer is required to collect and pick-up the Order from the Merchant itself, and no delivery services are provided by TAKEAWAY SERVICES.

In exchange for being able to use the Service, you agree to abide by these Terms.

PARTIES TO THESE TERMS:

Any person who is an Account Holder with TAKEAWAY SERVICES, is party to this contract. (An Account Holder is the person or entity who has contracted with TAKEAWAY SERVICES as either an individual or as a Client as defined in our TAKEAWAY SERVICES Business Agreement.) 

The other party to this contract is Creative Thinkers ("TAKEAWAY SERVICES"), a Company registered under Pvt. ltd and headquartered in FF-105, Mangaldeep Apartment, 13-14 Sampatrao Colony, Alkapuri, Vadodara - 390007, Gujarat, India and may be referred to in these Terms of Service as "TAKEAWAY SERVICES", "Company", "we" "our" and "us").

Without prejudice to the same, TAKEAWAY SERVICES is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, the Buyer shall have to directly contact the Merchant. The Merchant shall be liable for redressing Buyer complaints. 

AMENDMENT OF TERMS OF SERVICE:

These Terms may be amended as new features, technology, or legal requirements arise, so please check back from time to time. 

If we do update these Terms, you are free to decide whether to accept the updated terms or to stop using our Service (see "How to close my Account" below); your continued use of the Service after the effectiveness of that update will be deemed to represent your agreement with, and consent to be bound by, the new Terms. For clarity, email or other communications will not constitute an effective written agreement for this purpose.

HOW TO USE THE SERVICE:

First, you need to create a TAKEAWAY SERVICES service account ("Account"). You create an Account by providing us with your name, your address, your email address, your phone number (where you will receive an OTP) and by creating a password. We refer to this as your "Basic Subscriber Information". We encourage you to use a distinct and non-obvious password that is different from passwords you use for any other service. You are responsible for maintaining the accuracy, completeness and confidentiality of your Basic Subscriber Information, and you will be responsible for all activities that occur under your Account, including activities of others to whom you have provided your Basic Subscriber Information. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Basic Subscriber Information secure. If you discover any unauthorized use of your Basic Subscriber Information or suspect that anyone may be able to access your private Content without authorization, you should immediately change your password and notify our Customer Support team.

Second, you will need to access your Account through a web browser or by installing our application on your computers, tablets or phones. Obtaining those devices and paying for their connectivity and data plans is your responsibility. TAKEAWAY SERVICES also has no responsibility for the availability of the Internet and other telecommunication services necessary to access the Service.

TAKEAWAY SERVICES Accounts should not be shared. If you share your Basic Subscriber Information with anyone, that other person may be able to take control of the Account, and we may not be able to determine who is the proper account holder. We will not have any liability to you (or anyone you share your Basic Subscriber Information with) as a result of your or their actions under those circumstances. Since you may use a free TAKEAWAY SERVICES service account, we strongly urge you not to share your information with anyone.

RIGHTS OF USERS:

Once your account is created and you accept these Terms, we grant you a limited, non-exclusive license to use the Service subject to these Terms, for so long as you are not barred from receiving the Service under the laws applicable to you, until you close your account voluntarily or until we close your account pursuant to these Terms. In addition, we grant you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the TAKEAWAY SERVICES Application provided to you by or on behalf of TAKEAWAY SERVICES, for the sole purpose of enabling you to use the TAKEAWAY SERVICES Application and enjoy the benefits of the Service, subject to any applicable license terms provided with the TAKEAWAY SERVICES Software and these Terms, until your rights are terminated in accordance with such license and/or these Terms. You do not obtain any other right or interest in TAKEAWAY SERVICES or the Service.

TAKEAWAY SERVICES does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. TAKEAWAY SERVICES takes no responsibility for such offers.

TAKEAWAY SERVICES neither make any representation or warranty as to specifics including its value, quality etc. of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. TAKEAWAY SERVICES accepts no liability for any errors or omissions, whether on behalf of itself or third parties.

TAKEAWAY SERVICES is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants, and between Merchants/Buyers on the Platform. TAKEAWAY SERVICES cannot and does not guarantee that the concerned Buyers and Merchants will perform any transaction concluded on the Platform. TAKEAWAY SERVICES is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.

TAKEAWAY SERVICES is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant and/or Buyer come into or take possession of any of the products or services offered by Merchant. At no time shall TAKEAWAY SERVICES hold any right, title or interest over the products nor shall TAKEAWAY SERVICES have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.

INTELLECTUAL RIGHTS PROTECTION:

You retain copyright and any other rights you already held in your Content before you submitted, posted or displayed it on or through the Service. But you agree to grant TAKEAWAY SERVICES a limited license, as described below, so we can make your data accessible and usable on the Service. Other than this limited license and other rights you grant in these Terms, TAKEAWAY SERVICES acknowledges and agrees that we do not obtain any right, title or interest from you under these Terms in any of your Content. 

However, in order to enable TAKEAWAY SERVICES to operate the Service, we must obtain from you certain limited license rights to process your Content that is covered by intellectual property rights so that technical actions we take in operating the Service are not considered legal violations. For example, copyright and data privacy laws could prevent us from processing, maintaining, storing, backing-up and distributing certain Content, unless you give us these rights. Accordingly, by using the Service and uploading Content, you are granting TAKEAWAY SERVICES a license to display, perform and distribute your Content and to modify (for technical purposes, e.g., making sure content is viewable on smartphones as well as computers and other devices) and reproduce such Content to enable TAKEAWAY SERVICES to operate the Service. You also agree that TAKEAWAY SERVICES has the right to elect not to accept, post, store, display, publish or transmit any Content in our sole discretion. 

You agree that these rights and licenses are royalty free, transferable, sub-licensable, worldwide and irrevocable (for so long as your Content is stored with us), and include a right for TAKEAWAY SERVICES to make such Content available to, and pass these rights along to, others with whom TAKEAWAY SERVICES has contractual relationships related to the provision of the Service, solely for the purpose of providing such Services, and to otherwise permit access to or disclose your Content to third parties if TAKEAWAY SERVICES determines such access is necessary to comply with its legal obligations.

If you elect to use any third party service or application that is integrated with TAKEAWAY SERVICES, you also agree that the licenses granted to TAKEAWAY SERVICES in the preceding paragraph shall apply to Content that is submitted or uploaded through such third party service or application. If the third party service or application you elect to use would access or extract Content, you grant TAKEAWAY SERVICES the right and license to enable third party access to and extraction of your Content. TAKEAWAY SERVICES does not assume any responsibility for, or liability on account of, the actions or omissions of such third party applications or service providers.

As we rely upon your rights to upload and distribute your Content, you represent and warrant to TAKEAWAY SERVICES that (1) you have the unfettered legal rights and authority to submit your Content to TAKEAWAY SERVICES, to make any other use, publication or other distribution of that Content in your use of the Service, and to grant the rights granted to TAKEAWAY SERVICES under these Terms; and (2) your Content complies with our User Guidelines and these Terms.
Finally, you understand and agree that TAKEAWAY SERVICES, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. 

Please note that when you use the TAKEAWAY SERVICES Service to send messages to an email address, to a telephone number via SMS, that has not been linked to a TAKEAWAY SERVICES account, TAKEAWAY SERVICES sends such messages on your behalf, and we are relying on your representation to us that you have a direct relationship with the recipient(s) and that you are respecting the legal rights of the recipient(s) not to receive certain kinds of messages (such as harassing messages, unsolicited commercial messages, and unwanted SMS messages). Whenever you send any kind of message to a third party you represent and warrant to TAKEAWAY SERVICES that you are acting within the law and that you have prior consent from the recipient to send them such a message.

USE OF SERVICE:

Your use of the Service must be in accordance with these Terms. When it comes to your use of the Service, you agree that you are responsible for your own conduct and all conduct under your account. 
The Buyer agrees and acknowledges that TAKEAWAY SERVICES shall not be responsible for:

  • The services or goods provided by the Merchants including but not limited to serving of food Orders suiting your requirements and taste;
  • The Merchant serving the incorrect Orders; or
  • Product liability of goods provided by Merchants.
  • The Merchant's services or goods, not being up to Buyer expectations or leading to any loss, harm or damage to him/her; or
  • The availability or unavailability of certain items on the menu;
  • The details of the menu and price list available on the Platform with respect to restaurant services, goods or any other services are based on the information provided by the Merchants and TAKEAWAY SERVICES shall not be responsible for any change or cancellation or unavailability.

The Buyer shall undertake to provide adequate authorisations at the time of pick-up of their Orders. In the event of no pick-up due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been picked-up/delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund.

The Buyer understands that TAKEAWAY SERVICES' (including Merchant's) liability ends once Order has been delivered to him/her by way of pick-up, except where the product liability of the Merchant subsists.

Your use of TAKEAWAY SERVICES Service is further subject to the terms described below.

CONTENT RIGHTS

While you own the Content you store within the TAKEAWAY SERVICES Service (subject to third party rights), you acknowledge and agree that TAKEAWAY SERVICES (and our licensors) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software that is part of the Service and all TAKEAWAY SERVICES software deployed by you or a third party to enable capturing of Content originating outside the Service or any of the TAKEAWAY SERVICES software applications for compatible computing devices that enable access and use of the Service through such device (the "TAKEAWAY SERVICES Software").
We endeavour to make the Services available during Merchant working hours. However, we do not represent that access to the Services will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.

INTELLECTUAL PROPERTY RIGHTS

In agreeing to these Terms, you also agree that the rights in the Service and TAKEAWAY SERVICES Software, including all intellectual property rights, such as trademarks, patents, designs and copyrights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms and any Separate Agreement. In particular, you agree to not modify, create derivative works of, decompile or otherwise attempt to extract source code from any TAKEAWAY SERVICES Software unless we give you express written permission or you are otherwise legally permitted to do so notwithstanding this prohibition. 

RIGHT TO MODIFY THE SERVICE

We retain the right, in our sole discretion, to implement new elements as part of and/or ancillary to the Service, including changes that may affect the previous mode of operation of the Service or TAKEAWAY SERVICES Software. We expect that any such modifications will enhance the overall Service, but it is possible that you may not agree with us. We also reserve the right to establish limits to the nature or size of storage available to you, the number of transmissions, the ability to send or receive email messages, the nature or size of any index or library information, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice.

You also acknowledge that a variety of TAKEAWAY SERVICES actions may impair or prevent you from accessing your Content or using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that TAKEAWAY SERVICES has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service.

RIGHT TO ENGAGE THIRD PARTIES

TAKEAWAY SERVICES engages certain affiliates or other third parties ("Service Providers") to provide services relating to all or part of the Service, and you hereby agree that such involvement by these Service Providers is acceptable. Please see our Privacy Policy to understand the extent to which any affiliate or third party may have access to your account information or Content.

RIGHT TO USE THIRD-PARTY SOFTWARE:

TAKEAWAY SERVICES may from time to time include as part of the Service and TAKEAWAY SERVICES Software computer software supplied by third parties which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. We provide information about some of this third party software  within the particular TAKEAWAY SERVICES Software. TAKEAWAY SERVICES expressly disclaims any warranty or other assurance to you regarding such third-party software. 

RIGHT TO UPDATE OUR SOFTWARE:

In connection with any modification of the Service, TAKEAWAY SERVICES may automatically download software updates on your computers and devices from time to time with the intention of improving, enhancing, repairing and/or further developing the Service. TAKEAWAY SERVICES will endeavor to provide you with the option of whether or not to install the update; however, in certain circumstances (e.g., security risks), TAKEAWAY SERVICES may require you to install the update to continue accessing the Service. In all cases, you agree to permit TAKEAWAY SERVICES to deliver these updates to you (and you to receive them) as part of your use of the Service.

Do These Terms Apply to TAKEAWAY SERVICES Business Partner or Merchants?

If you are using the Service as part of a TAKEAWAY SERVICES Business account, your use of the Service is governed by these Terms, except to the extent the Separate Agreement governing the TAKEAWAY SERVICES Business account provides conflicting terms, in which case, the Separate Agreement shall prevail over these Terms. 

INTELLECTUAL PROPERTY VIOLATION:

We respond to clear and complete notices of alleged infringement of copyright, trademark or other intellectual property laws that satisfy the requirements in these Terms (which we believe to comply with the applicable laws of India). If you believe that your intellectual property rights have been violated, please notify our compliance team accordingly and we will investigate the issue. Note that each owner of intellectual property is responsible for protecting their rights and taking any legal or other action they determine to be appropriate to do so, and TAKEAWAY SERVICES does not accept any obligation to take any particular action to enforce or protect any party’s intellectual property rights on their behalf.

USE OF TAKEAWAY SERVICES BY CHILDREN:

TAKEAWAY SERVICES is not directed to minors, and any use by minors should only be done with the supervision and consent of their parents, guardians and/or authorized school officials. Further, we rely on parents and guardians to ensure minors only use the Service if they can understand their rights and responsibilities as stated in these Terms and our Privacy Policy. 

Consistent with applicable law, TAKEAWAY SERVICES does not knowingly collect personal information from minors without parental consent. If we learn that we have inadvertently obtained information in violation of applicable laws prohibiting collection of information from children without such consent, we will promptly delete it. 

DATA TRANSMISSIONS AND BACKUP:

The Service is available pan India. If you use the Service, you acknowledge that you may be sending electronic communications (including your Basic Subscriber Information and Content), through computer networks owned by TAKEAWAY SERVICES, its Service Providers, and other third parties located. As a result, your use of the Service will likely result in interstate and possibly international data transmissions, and your use of the Service shall constitute your consent to permit such transmissions.

DE-ACTIVATION OF ACCOUNT:

You may deactivate your account with our Service at any time, for any reason or without a reason. If you are a Client who is operating a TAKEAWAY SERVICES Business account, you will have to terminate your agreement with the Company in accordance with your Separate Agreement with the Company. 

TAKEAWAY SERVICES may act to temporarily limit your use of the Service, suspend access to your account, or close your account, with or without notice according to these Terms. Reasons for TAKEAWAY SERVICES suspending or closing your account may include, without limitation: (i) breach or violation of these Terms (including the User Guidelines) or any Separate Agreement, (ii) an extended period of inactivity (determined in TAKEAWAY SERVICES's sole discretion), (iii) your non-payment of any fees or other sums due to TAKEAWAY SERVICES or any other party related to your use of the Service, (iv) the discontinuance or material modification of the Service (or any part thereof) or (v) unexpected technical or security issues or problems or extensive Unsupported Use.

DEMISE OF ACCOUNT HOLDER:

TAKEAWAY SERVICES's pledge to protect the privacy of your Content will continue, even after your death or incapacity. If you wish to enable someone to have access to your Content or other data in your account after you are no longer able to provide them access, you need to implement a process for providing your information to them. We will not provide your information, or your Content, to anyone, even next of kin, unless we determine that we are legally obligated to do so. We encourage you to include your Basic Subscriber information, with instructions on how to access your Content, in your will or other estate plans, so that anyone you wish to have access to your account will have the means to do so. 

RIGHTS OVER SUGGESTIONS, ETC.:

When you submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to TAKEAWAY SERVICES through the "Contact Us," User Forum or Support interfaces or through any other channel or mechanism (collectively, "Contributions"), you acknowledge and agree that: 

  • your Contributions do not contain confidential or proprietary information; 
  • TAKEAWAY SERVICES is not under any obligation of confidentiality, express or implied, with respect to the Contributions;
  • TAKEAWAY SERVICES shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; 
  • TAKEAWAY SERVICES may have something similar to the Contributions already under consideration or in development; 
  • your Contributions automatically become the property of TAKEAWAY SERVICES without any obligation of TAKEAWAY SERVICES to you; and 
  • you are not entitled to any accounting, compensation or reimbursement of any kind from TAKEAWAY SERVICES under any circumstances.

ADVERTISEMENTS, THIRD PARTY LINKS & CONTENTS:

We may display advertisements and promotions on or in connection with the Service, some of which may be paid for by third parties. For more information, please see our Privacy Policy. 

Some advertising or other messaging content we provide will be based upon information provided by third parties, and we shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any advertisements or other messages. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.

We may include or recommend third party resources, materials and developers and/or links to third party websites, content and applications as part of, or in connection with, the Service. We may have little or no control over such sites or developers and, accordingly, you acknowledge and agree that (i) we are not responsible for the availability of such external sites, content or applications; (ii) we are not responsible or liable for any content or other materials or performance available from such sites or applications and (iii) we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, materials or applications. 

INDEMNITY:

You agree to indemnify and hold TAKEAWAY SERVICES, its subsidiaries, affiliates, officers, agents, employees, advertisers, Service Providers and other partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will endeavour to provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.

LIMITATION OF LIABILITY AND DISCLAIMER OF WARRANTIES:

To the maximum extent permitted by law, the Service Is Available “As Is.” YOU EXPRESSLY UNDERSTAND AND AGREE THAT: 

  • YOUR USE OF THE SERVICE AND THE PURCHASE AND USE OF ANY SERVICES ARE ALL AT YOUR SOLE RISK.
  • THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TAKEAWAY SERVICES EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  • TAKEAWAY SERVICES DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ALL ERRORS IN THE SOFTWARE OR SERVICE WILL BE CORRECTED.
  • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA RESULTING FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
  • NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TAKEAWAY SERVICES OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT TAKEAWAY SERVICES, ITS SUBSIDIARIES, AFFILIATES, SERVICE PROVIDERS, AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS AND SUCCESSORS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF TAKEAWAY SERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE OR TO USE PROMOTIONAL CODES OR TAKEAWAY SERVICES POINTS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE, OR PROVIDING ANY SERVICES RELATED TO THE OPERATION OF THE SERVICE; (v) TAKEAWAY SERVICES’S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR BASIC SUBSCRIBER INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING OR INTEGRATING WITH THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED OR OTHER THIRD-PARTY PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS:

NOTHING IN THESE TERMS OF SERVICE (INCLUDING THE LIMITATION OF LIABILITY PROVISIONS) IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY WILLFUL ACTS, NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIABILITY AND OTHER LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

NOTICE TO YOU:

It is imperative that you make sure your Basic Subscriber Information is accurate, complete and up to date. We may provide you with notices by email (to the email address associated with your account), your phone number, regular mail or postings on the website(s) related to the affected Service.

NOTICE TO TAKEAWAY SERVICES:

Except where these Terms or any Separate Agreement specifically provide for use of a different means or address for notice, any notice to TAKEAWAY SERVICES must be delivered by email to legal@takeaway.services .This email address may be updated as part of any update to these Terms of Service. If you are unable to deliver notice via email, you may send a notice to us at the following address (as applicable to your Service provider): 

FF-105, Mangaldeep Apartment, 13-14 Sampatrao Colony, Alkapuri, Vadodara - 390007, Gujarat, India
Attention: Legal Notice

APPLICABLE LAWS:

The Terms and the relationship between you and TAKEAWAY SERVICES (including any dispute) shall be governed in all respects by the laws of India, as they apply to agreements entered into and to be performed entirely within India between Indian residents, without regard to its conflict of law provisions. Courts in Baroda, Gujarat hall have exclusive jurisdiction in respect of all claims and disputes in relation to these Terms or Services.

If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.

CLAIM AGAINST TAKEAWAY SERVICES:

LET US KNOW ABOUT YOUR COMPLAINT

We want to know if you have a problem so we encourage you to contact our  customer support team if you have any concerns with respect to the operation of the Service or any TAKEAWAY SERVICES Software, as we want to ensure that you have an excellent experience. 

INITIATING A FORMAL CLAIM

If you conclude that we have not satisfied your concern and that you must pursue legal action, you agree that your claim must be resolved by the processes set forth in these Terms. 

TAKEAWAY SERVICES provides the Service to you on the condition that you accept the dispute resolution provisions described below, so if you initiate any claim against TAKEAWAY SERVICES in any other manner, you shall be in violation of these Terms and you agree that TAKEAWAY SERVICES shall be entitled to have such action dismissed or otherwise terminated and you agree to reimburse TAKEAWAY SERVICES for its reasonable costs incurred in defending against such improperly initiated claim. You agree that prior to initiating any formal proceedings against TAKEAWAY SERVICES, you will send us a notice to our attorneys at kaushalp16@gmail.com and state that you are providing a "Notice of Dispute." Upon receipt of a Notice of Dispute, you and we shall attempt to resolve the dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. If the dispute remains unresolved, either you or we may initiate formal proceedings according to these Terms. 

Except where our dispute is being resolved pursuant to an arbitration (as provided below), if you are a resident of India, you agree that any claim or dispute you may have against TAKEAWAY SERVICES must be resolved exclusively by courts in Baroda, Gujarat. You agree to submit to the exclusive jurisdiction of the courts located within Baroda, Gujarat and, for the avoidance of doubt, to exclude the jurisdiction of any other court for the purpose of litigating all such claims or disputes.

ALTERNATIVE DISPUTE RESOLUTION PROCESS:

Any dispute or difference whatsoever arising between you and us out of or relating to the construction, meaning, scope operation or effect of these Terms or the validity or the breach thereof or in relation to the Services shall be settled by arbitration in accordance with the Arbitration and Conciliation Act, 1996 of a sole arbitrator appointed mutually. The award of the arbitrator shall be final and binding on the Parties. The venue and seat of arbitration shall be Baroda, Gujarat, India. The language of arbitration shall be English. 

YOU AND TAKEAWAY SERVICES AGREE, AS PART OF THE ARBITRATION AGREEMENT, THAT EACH OF US MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS PART OF ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. WE REFER TO THIS AS THE “PROHIBITION OF CLASS AND REPRESENTATIVE ACTIONS.” UNLESS BOTH YOU AND WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN YOUR OR OUR CLAIM WITH ANOTHER PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY ONLY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER TAKEAWAY SERVICES USERS.

If a court decides that any part of this Arbitration Agreement is invalid or unenforceable, the other parts of this Arbitration Agreement shall continue to apply. The remainder of these Terms and this Section will continue to apply.

CLAIMS ARE TIME-BARRED:

You agree that regardless of any statute or law to the contrary or the applicable dispute resolution process, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim.

The provisions of this section shall be deemed to constitute a separate written legally binding agreement by and between you and us.

NO RESPONSIBILITY OF TAKEAWAY SERVICES FOR DEFAULTS OF  MERCHANTS:

You agree and acknowledge that TAKEAWAY SERVICES shall not be responsible for:

  1. The services or goods provided by the MERCHANTS;
  2. The Merchants' services or goods not being up to your expectations or leading to any loss, harm or damage to you;
  3. The availability or unavailability of certain items on the menu;
  4. The Merchant handing over the incorrect orders at the time of pickup; or
  5. Product liability of goods provided by the Merchant.

The details of the product list and the price list available on TAKEAWAY SERVICES with respect to goods or any other services being provided by the Merchants are based on the information provided by the Merchants and TAKEAWAY SERVICES shall not be responsible for any change or cancellation or unavailability.

You understand that TAKEAWAY SERVICES merely provides a platform for Merchants and their customers to interact for purchase of goods and services and TAKEAWAY SERVICES is and shall not be involved in the pickup of such goods or services from Merchants by their customers.

You understand that the pickup time of order, if quoted at the time of confirming the order, will be an approximate estimate and may vary in real time. TAKEAWAY SERVICES will not be responsible for any delay in the pickup or readiness of an order.

You understand that TAKEAWAY SERVICES does not endorse or facilitates delivery of any order or services and any disputes arising out of the same shall be between You and the Merchants alone. TAKEAWAY SERVICES shall also not be responsible for any pickup services and assumes no liability for disputes arising out of the pickup of the order.

Your order will be only handed over to the customer in whose name the order is placed or whose name is notified at the time of placing the order at the address of the Merchant provided on the Application or Website at the time of placing the order. Your order may be cancelled in the event you fail to pickup the Order within reasonable time of the Order being ready for pickup and as notified on the Application or Website and You may not be entitled to any refund for the same. Any delayed pickup of the Order could be subject to acceptance by the Merchant.

You shall undertake to provide adequate information and authorisations to accept pickup of the order. In the event of no handover of order due to any act or omission attributable to you, the goods or services shall be deemed to have been picked up by You and all risk and responsibility in relation thereto shall pass to You without being entitled to any refund.

You understand that Merchant's liability ends once your order has been picked up by you, except where the product liability of the Merchant subsists.

Payment for goods and services:

TAKEAWAY SERVICES may provide multiple options to make payment. You may be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by You, i.e. in any transaction, you must use your own credit/debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You shall be solely responsible for the security and confidentiality of your credit/debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.

TAKEAWAY SERVICES does not offer any refunds against goods or services already purchased from a Merchant through the Platform unless an error that is directly attributable to TAKEAWAY SERVICES has occurred during the purchase of such product or services.

We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.

If you use the Platform, you do the same at your own risk.

You agree that the Services shall be provided through the Platform only during the working hours of the relevant Merchant.

DISCLAIMER:

TAKEAWAY SERVICES does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchant. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchants' offers and third-party offers are subject to respective party terms and conditions. TAKEAWAY SERVICES takes no responsibility for such offers.

USE OF PLATFORM FOR PURCHASE

You understand and agree that TAKEAWAY SERVICES’s Platform is merely a technology platform and the Goods and Services are sold by the Merchant. TAKEAWAY SERVICES shall not be held responsible in any manner for any error or omission or act committed on part of the Merchant.

You agree and confirm that you are completely aware of the indications and effects of the Goods and Services through the Platform. 

The Merchant and TAKEAWAY SERVICES may separately maintain records uploaded by You.

MISCELLENOUS:

  1. These Terms constitute the entire agreement between you and TAKEAWAY SERVICES and govern your use of the Service, except for, and then only to the extent that you have entered into a Separate Agreement. 
  2. These Terms supersede any prior agreements or earlier versions of these Terms between you and TAKEAWAY SERVICES for the use of the Service as of the Effective Date indicated at the top of these Terms.
  3. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms shall not affect your legal relationship with such third party.
  4. You acknowledge and agree that each affiliate of TAKEAWAY SERVICES shall be a third party beneficiary to these Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms which confers a benefit on (or provides rights in favour of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms. 
  5. The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.

FORCE MAJEURE:

Any delay in or failure to perform any obligations by TAKEAWAY SERVICES under these Terms shall not constitute default hereunder if and to the extent caused by force majeure, which is defined to be occurrences beyond the reasonable control of a party committing default, including and limited to acts of the government authorities, acts of God, fire, flood, explosion, riots, war, war like situations including digital or proxy war through viruses/trojans etc., labour strikes, sabotage, rebellion, insurrection, epidemic, pandemics or similar outbreak ("Force Majeure"). Provided, however, TAKEAWAY SERVICES shall give prompt notice within a period of 60 days from the time of the force majeure occurrence to You. TAKEAWAY SERVICES shall use all reasonable efforts to avoid or remove such cause of non-performance and shall continue performance hereunder whenever such causes of force majeure are removed. In the event the Force Majeure event continues for a period of 7 (seven) days, TAKEAWAY SERVICES and You shall have independent rights to terminate these Terms of Service.