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Terms and Conditions Agreement
WEBSITE TERMS OF USE (WEBSITE TERMS AND CONDITIONS) IMPORTANT LEGAL NOTICE 1. INTRODUCTION 1.1 HindustanFoods is registered in India under company Hi-Techsoft consultancy Services Pvt Limited with registered office is located in Chandigarh. 1.2 HindustanFoods is only an intermediary in this transaction. The actual supply is subject to the terms and conditions of a delivery restaurant with the restaurant in question. 1.3 HindustanFoods just provides a way for you to convey your orders to the selected restaurants which provides provision for Home delivery. 1.4 If your order is taking longer than expected or you have any other problems with your order you can contact our customer care team by clicking on the “Contact Us Button?” box and filling in the required fields or by contacting our customer care team by Online help / telephone on the number shown on this Website. One of our customer care advisers will contact the respective restaurant to check speed up the processing of your order. 1.5 Customer care is extremely important to HindustanFoods. Please note that any complaint must be lodged with our customer care team using the method described above within 24 hours of placing the order. HindustanFoods shall have complete discretion in deciding whether to refund orders after this 24 hour period has expired. 1.6 You may access some areas of this Website without making a HindustanFoods order, and registering your details with us. Most areas of this Website are open to everyone. 1.7 By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately. 1.8 HindustanFoods may revise these Website Terms at any time and doesnt hold the responsibility to inform all members about changes in the policies. You should check this Website regularly to review the current Website Terms and conditions, because they are binding on you. 1.9 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them. 1.10 HindustanFoods is not responsible for the performance, Delay in delivery, quality of food provided by the delivery restaurants. however, HindustanFoods can provide some help to resolve disputes between the customer and delivery restaurants in order to solve a common problem to be taken. You can report complaints to info@HindustanFoods.nl. 1.11 HindustanFoods does its best to optimize a possible service to its users. HindustanFoods accepts no responsibility for any malfunction of the website. 2. PRIVACY POLICY 2.1 HindustanFoods is very careful with their Client information and this information is never made available to third parties. HindustanFoods sends mail to clients about new offers/products or other information. Incase you dont want to hear from us you can always unsubscribe. 2.2 we display your address/contact information to the restaurant from which you place your order in order to facilitate the delivery. Other than the above, your information will be given if HindustanFoods receives a request from the government, for example in case of a police investigation. 3. PROCESSING PROCESS 3.1 Once you have selected your restaurant and added the food items you want to order in the cart press checkout Button to go further. You will be prompted to login with an existing account or create new account. Once you have logged in you press you will be taken through shopping process where you check the shipping details, delivery address information and order overview and then your are asked to confirm your order . Once you click confirm button confirmation message is shown to you if order is successful .Please note that it is important that you check the information that you enter and correct any errors before clicking on the “Confirm Order” button because once you click on this input errors cannot be corrected. 3.2 If at any time prior to you clicking on the “Confirm Order” button, you decide that you do not wish to proceed with your order, you should Logoff and close the application window. 3.3 On receipt of your payment, HindustanFoods will begin processing your order and we will send you notification by email that payment has been received and that your order is being processed. 3.4 Please note that sometime our mail might end up in your spam mailbox. Please mark it safe so that in future you receive mails in time. 3.5 HindustanFoods is not responsible if the confirmation email is delivered late or not delivered because of mail filtered by spam filter or because of network traffic on the exchange server. if the confirmation message is shown to you when you place order and you didnt receive the mail please dont create a new order for the same things and wait for the email. In case of doubt please feel free to contact us. 3.6 Where any payment you make is not authorised you will be returned to the previous page on the Website and we shall not be obliged to provide the services. 3.7 Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund. 3.8 Please note that from time to time there may be some delays with processing payments and transactions, on occasion this can take up to sixty (35) days to be deducted from your bank account. 3.9 Prices will be as quoted on this Website. These prices include VAT but may exclude delivery costs, which will be added to the total amount, where applicable. Some restaurants give free delivery if the order amount is above certain amount. 3.10 This Website contains numerous menus and it is possible that some of the menus may be incorrectly priced. Although HindustanFoods always try to ensure that the latest prices on your screen may be all kinds. Neither HindustanFoods nor the restaurant where you order is responsible for repaying any price difference. Should you encounter a difference we would appreciate you the difference as soon as possible to report at info@HindustanFoods.nl. We will then take care of a correction. Also contact us if the correct price for an order is higher than the price stated on the Website. HindustanFoods is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing. 3.11 In the event that you lodge a complaint because you are dissatisfied with the quality of your order as described in paragraph 1.5 above, you must provide all evidence required by HindustanFoods to substantiate your claim. HindustanFoods shall have sole discretion in deciding whether a complaint lodged in accordance with paragraph 1.5 above warrants a refund. HindustanFoods shall only provide refunds in respect of claims that it considers (at its sole discretion) to be honest and genuine. 3.12 Payment for all orders must be by credit or debit card as stated on this Website. 3.13 A discount may apply to your order if you use a promotional code as recognised by this Website by HindustanFoods. 3.14 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card. 4. LICENCE 4.1 You have permission to download and print extracts from this website for your personal only use on the following basis: 4.1.1 Unless it is otherwise stated, the copyright and other intellectual property rights in this Website and material published on it (including photographs and graphical images) are owned by HindustanFoods or HindustanFoods’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from this Website other than in accordance with paragraph 4.1 is prohibited. 4.1.2 You are not permitted to modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from the accompanying text. 4.1.3 It is imperative that you ensure HindustanFoods’s status as the authors of the material on this Website is always acknowledged. 4.1.4 You are not permitted to use the website or any of the materials on this website for commercial purposes without obtaining a licence from HindustanFoods to do so. 4.2 No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission, unless as stated in paragraph 4.1. 4.3 Any rights which are not expressly granted in these Website Terms are reserved. 5. SERVICE ACCESS 5.1 HindustanFoods tries to ensure this Website is normally available twenty four (24) hours a day, but HindustanFoods is not liable if this Website is unavailable at any time or for any period. 5.2 Website access may be suspended temporarily and without notice. 5.3 The transmission of information via the internet is not completely secure and although we do take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website. Any transmission is at your own risk. 6. VISITOR MATERIAL AND CONDUCT 6.1 Leaving aside personally identifiable information, covered under the HindustanFoods Privacy Policy, any material transmitted or posted to this Website will be considered non-confidential and non-proprietary. HindustanFoods has no obligations with respect to such material. HindustanFoods and anyone we designate will be free to copy, disclose, distribute, incorporate and otherwise use that material and all data, images, sounds, text and other things embodied in it for any and all commercial or non-commercial purposes. 6.2 You are not permitted to post, upload or transmit to or from this Website any material that: 6.2.1 is unlawful or fraudulent; 6.2.2 breaches any applicable local, national or international law; 6.2.3 contains viruses or any other harmful programs; or 6.2.4. amounts to unauthorised advertising. 6.3 You must not misuse the Website (including by hacking). 6.4 Feedback and Comments submitted through the website must not: 6.4.1 encourage violence or discrimination; 6.4.2 violate legal duties owed to a third party (such as a duty of confidence); 6.4.3 have defamatory, obscene or offensive material; 6.4.4 violate the intellectual property rights of another person; 6.4.5 be used in order to imitate another person or to feign your affiliation with another person; 6.4.6 support illegal activity or invade another’s privacy. 6.5 HindustanFoods will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any such material which is in breach of paragraph 6.2 to 6.4. 6.6 The prohibited acts listed in paragraphs 6.2 to 6.4 above are non-exhaustive. You will pay HindustanFoods for all costs and damages which it incurs as a result of your breaching any of these restrictions. 7. LINKS TO AND FROM OTHER WEBSITES 7.1 The links to third party websites provided on HindustanFoods are solely for your convenience and if you use these links, you leave HindustanFoods. These third party websites have not been reviewed and HindustanFoods does not control (and is not responsible for these websites or their content or availability). HindustanFoods does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk. 7.2 You may link to this Website homepage, only if you do so in a fair and legal way which does not damage or take advantage of HindustanFoods. 7.3 You are not permitted to establish a link from a website that you do not own or in a way that suggests a form of association with or endorsement by HindustanFoods where none exists. 7.4 The website from which you link must abide by the content standards set out in HindustanFoods Terms. 7.5 HindustanFoods holds the right to withdraw this linking permission whenever it sees fit, and no explanation shall be required. 8. DISCLAIMER 8.1 You alone are responsible for your own passwords security. Unless your password is disclosed to a third party by HindustanFoods, HindustanFoods is not liable for any unauthorised transactions using your name and password. 8.2 While HindustanFoods tries it’s best to ensure that information on this Website is correct, we do not guarantee its accuracy. HindustanFoods will make changes to the material on this Website, or to the services and prices described in it, whenever it sees fit without any prior or subsequent notice. If the material on HindustanFoods be out of date, HindustanFoods makes no commitment to update that material. In particular, HindustanFoods does not promise that the information provided by the restaurants and that displayed on HindustanFoods be it, the prices, the menu, the delivery time or collections are correct or up to date. 8.3 HindustanFoods provides access to this Website and its services on the condition that, to the maximum extent permitted by law and our policies, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide). 9. TERMINATION 9.1 HindustanFoods has the right to terminate or to suspend (at our absolute discretion) your right to use this Website and your use of the services immediately without any notification if: 9.1.1 HindustanFoods believes you have posted material in breach of clause 6.2, 6.3 or 6.4; 9.1.2 HindustanFoods believes that you have or are in breach of clause 7.2, 7.3 or 7.4; 9.1.3 if you breach any other material terms of these Website Terms. 9.2 If your account is terminated or suspended you must immediately destroy any content downloaded from or printed off HindustanFoods. 10. LIABILITY 10.1 HindustanFoods excludes all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, data, contracts, loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, contract or otherwise, even if foreseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites. 10.2 HindustanFoods takes full responsibility for the content of this Website and for the communication of orders to the restaurants as set out in these Website Terms. 10.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from HindustanFoods negligence. HindustanFoods is not liable for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights. 10.4 With the exception of any liability referred to in paragraph 10.3 above, HindustanFoods total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and conditions (including but not limited to negligence) is limited to an amount equivalent to 1.5 times the value of your order or 100 Euros, whichever is lower. 11. GOVERNING LAW AND JURISDICTION These Website Terms shall be governed by and construed in accordance with Indian law. All disputes arising in connection with these Website Terms shall be subject to the exclusive jurisdiction of the Indian courts. 12. ADDITIONAL TERMS 12.1 We are committed to protecting your privacy and security. All personal data that we collect from you will be processed in accordance with our Privacy Policy. 12.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful or otherwise invalid, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed. 12.3 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. 12.4 The headings in these Website Terms are included for convenience only and shall not affect their interpretation. 13. OTHER GENERAL BUT IMPORTANT INFORMATION 13.1 HindustanFoods will process information gathered from you in accordance with the HindustanFoods privacy policy 13.2 Nothing contained in the HindustanFoods Terms affects your statutory rights. 13.3 Any failure or delay by you or HindustanFoods in enforcing any provision of HindustanFoods Terms will not be interpreted as a waiver of your or HindustanFoods rights or remedies. 13.4 The headings in the HindustanFoods Terms are included for convenience only and shall not affect their interpretation.
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