Terms & Condition

Terms & Condition

1. Introduction

"You" and "Your" means the person using this site to order goods and services and subject to these Terms and Conditions.

"Foodklik", "Foodklik Services", "We", "Us","Foodklik.com" or "Our" means Foodklik Services.

The purpose of this site is to provide a simple, easy and convenient way to order food online or through our mobile application from local restaurants that offer delivery services or takeaway. The website shows restaurants' operation hours, menu, delivery area, reviews, ratings, etc.

Your use and/or access to this website is subject to your agreement of the Terms and Conditions outlined on this page.

These terms and conditions apply to the use of this website and by accessing this site and/or placing an order you agree to be bound by the terms and conditions set out below.

We reserve the right to change these terms and conditions at any time without notice and you agree to be bound by such changes. Those changes shall be posted on the website. If you do not agree to the terms and conditions on this website, please exit the site.
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2. Registration And Personal Information

Registration is free. Registered members can view their previously viewed orders, create a favorites list of restaurants, rate past orders and may be eligible for discounts. You are not allowed to register multiple memberships for use by the same person. Violation of this clause may result in termination of your membership.

By registering or signing up, you agree to receive offers, deals about our products and services that may be of interest to you through SMS, Push Notifications, and email.

Registered users' passwords should be kept confidential at all times, and must not be shared or disclosed to anyone. You are responsible for all activities and orders that occur or are submitted through your account.

Your information will enable us to provide you with access to the relevant parts of the website and to supply the services you have requested. It will also enable us to bill you and contact you when necessary concerning our services. We will also use and analyze the information we collect so that we can administer, support, improve and develop our business for any statistical or analytical purpose.

By using our services, you agree that we may use your information to let you know about other products and services or offers that may be of interest of you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging (e.g. SMS, MMS, Push Notifications etc.) as well as by email.

If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by contacting us or amending your profile accordingly.

The information you provide us will be transferred to and stored our servers in USA and may be accessed by or given to third parties, which process credit card payments and provide support services for us.

We will provide your information to any delivery restaurants that you have placed your order with. By submitting your personal data, you agree to this transfer, storing or processing. Foodklik will take all steps reasonably necessary to ensure that your data is treated securely ad in accordance with this privacy policy.

If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors.

We may use the information that you provide us if we are under a duty to disclose or share your information in order to comply with any legal obligation; or in order to enforce our website terms and any other agreement; or to protect the rights of Foodklik, Delivery restaurants or others. This includes exchanging information with other
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3. Security And Data Retention

We take steps to protect your information from unauthorized access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will 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. Once we have received your information, we cannot guarantee the security of your data transmitted to the website; any transmission is at your own risk. Despite of the risks involved, we use strict procedures and security features to try to prevent unauthorized access.

You have the right to see the information we hold about you and ask us to make any changes to ensure that it is accurate and updated. Please contact us using the contact details if you wish to access your information that we have on record for you.
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4. Ordering

Any contract for the supply of Food Delivery from this site is between you and the partner restaurant. Please, ensure that your details and delivery address are accurate at the time of placing an order.

We accept no responsibility or liability for the quality or quantity of any goods delivered by or collected from our partner restaurants. It is your responsibility to thoroughly check the supplied goods before agreeing to receive an order.

All questions regarding goods shown on this site should be directed to the partner restaurant. Any disputes between the restaurant and yourself shall be resolved between you and the restaurant.

Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and partner restaurant. After your order is submitted and confirmed by the restaurant, an order number will be sent to you via SMS and email. If the restaurant is unable to fulfill your order, you will receive an email and SMS stating that your order has been declined. Please ensure that the email address and mobile no. you have provided is accurate, as all correspondence regarding your order is sent to this address.

All food preparation and deliveries are the sole responsibility of the restaurant accepting the order. Please be aware that the restaurant will do everything they can to meet the delivery times specified, however delivery times may be affected by factors beyond their control and therefore cannot be guaranteed. Any unexpected delay will be notified to you through email or phone.

We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the website.
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5. Payment And Prices

Once your order has been accepted, this represents an agreement between you and the restaurant. The restaurant has the sole responsibility for this order. All prices are inclusive of taxes. Prices are subject to change without notice and all goods are subject to availability.

All prices listed on the website are correct at the time of publication and are updated by partner restaurants. While we give great care to keep the prices updated, the final price charged to you by the restaurant can change at the time of delivery based on the latest menu and prices of the restaurant. Foodklik 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. While most of the partner restaurants provide free delivery, some partner restaurants may charge extra delivery charges. In such case, the delivery charges will be displayed on the website and the customer or user should consider those extra charges at the time of placing order. All prices for delivery listed on the website are correct at the time of publication; however, actual delivery charges may differ at the time of delivery.

The total order value, including delivery charges if any, will be displayed on the website at the time of placing order.

Full payment must be made for all goods purchased and service provided. Payment can be made in cash during delivery or online through credit/debit cards or net banking or also through our wallet services. If you choose Cash on Delivery, you are responsible for the complete payment at the time of delivery. Should you fail to fulfill your obligation to pay Cash at the time of Delivery, Foodklik reserves the right to remove Cash on Delivery option for the user for future orders, or terminate membership without notice, or take legal action if necessary.

If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, 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 security checks to confirm it is you placing the order.
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6. Delivery

Delivery periods quoted at the time of ordering are approximate only and may vary. Food will be delivered to the address provided by you at the time of ordering. If the order is not delivered within the estimated delivery time, please contact the partner restaurant first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.

Delivery is the sole responsibility of the partner restaurant and Foodklik is no way liable or responsible for the delivery of order or goods.

In case of late delivery, the delivery charge (if any) charged by partner restaurant will neither be voided nor refundable.

The quality, quantity, and timely delivery of the order are the sole responsibility of our partner restaurant. In case you are not satisfied with the quality and quantity, you should contact the restaurant and resolve it with them. Foodklik is not responsible and cannot offer refund or exchange in such cases.

If you fail to accept delivery of Food delivery at the time they are ready for delivery, or we are unable to deliver due to your failure to provide accurate or appropriate instructions, or authorizations, then such orders shall be deemed to have been delivered to you and all risk and responsibility in relation to such orders shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.

You must ensure that at the time of delivery, adequate arrangements, including access where necessary, should be provided. Foodklik or Partner Restaurants cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements of delivery.

Please note that it may not be possible for our partner restaurants to deliver to some locations. In such case, you will be notified by our partner restaurant or Foodklik, and arrange for cancellation of the order or provide delivery to an alternate address.
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7. Refund And Cancellation Policy

You can cancel an order within a certain time after placing the order. Right after your order is confirmed, you can cancel your order by going to track your order page and clicking on the cancel button, which will be available for a limited time (up to 7 min) after confirmation of order. Should you wish to cancel after the cancel limit time of 7 minutes, you must notify the partner restaurant immediately preferably by phone and communicate using your order number, or you may contact us and we will try to have it cancelled for you. Please note, it is more effective if you contact the restaurant directly in order to cancel as it is much quicker. If the restaurant accepts your cancellation, then you will be refunded your full amount if you paid online. Please allow at least 14 business days for refunds to be processed in such cases. If the restaurant refuses cancellation due to reasons such as: food preparation has been started/completed, delivery personnel has already been dispatched, then the order may not be cancelled. In such cases, we will not be able to refund any order, which has already been dispatched or completed.

All orders are subject to availability. We may cancel your order if our partner restaurant refuses to accept the order. We will notify you in such case and refund any online payment that you have made towards that order. Please allow 14 business days for refunds to be processed.

In the unlikely event that the partner restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item subject to verification by us. Should you choose to accept the wrong item, then the transaction or order will be deemed complete and no refunds or exchanges or price difference will be provided. If the partner restaurant does only a partial delivery (a few items might not be available), it will inform you and propose a replacement for unavailable items. If you accept the partial order then you will be refunded immediately for the missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the participating restaurant.
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8. Limited Liability

We try our best to ensure that the information available on this website is up to date and error free, however, use of this site is at your own risk. The content is provided on an “as-is” and “as available” basis and is believed to be accurate, complete, current, reliable at the date the information was placed.

By accepting these terms and conditions, you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a partner restaurant.

We are not responsible or liable in any way for errors in, or omissions from, the information contained on this site, or that the site or server that makes it available are free of viruses or other harmful components. Under no circumstances, Foodklik or its directors, officers, agents, employees or contractors have any liability for any direct, indirect, special or consequential losses or damages (including without limitation, damages for loss of business or loss of profits), arising in contract or otherwise from the use or inability to use this site.

We disclaim any and all liability to you for the supply of food delivery, goods and services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you, such liability is limited to the amount you have paid for the relevant goods or services.

We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our website.

We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties

If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

We have taken all reasonable steps to prevent internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

In the event Foodklik has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Foodklik may block the user immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Foodklik reserves the right to seek compensation from any and all violators.
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9. Promotions/Dine In Deal Vouchers

Vouchers are not transferable or exchangeable for cash. Dine-in deal Voucher purchased from the website should be redeemed within the period mentioned in the deal. Dine-in deals are redeemable only at the partner restaurant mentioned in the deal. Expired deals that are not redeemed will not be refunded.

By purchasing, viewing, printing, accepting, using or attempting to use any deal voucher, you agree specifically to the terms of the Deal Voucher and any additional deal-specific terms advertised in connection with and on the Deal Voucher at the time of purchase. These rules apply to all Deal Vouchers that we make available, unless a particular Deal Voucher's fine print states otherwise, and except as otherwise required by law. Any attempt to redeem a Deal Voucher in violation of these terms will render the Deal Voucher void.

The Partner Restaurant is the sole issuer of the Deal Voucher. If a Partner Restaurant refuses to honor any voucher, Foodklik will refund the amount paid upon request in the original form of payment or will credit the User's account with equivalent Foodklik rupees through the wallet services. Deal Vouchers are not redeemable for cash, unless required by law. Unauthorized or unlawful reproduction, resale, modification or trade of Deal Vouchers is prohibited. Pricing related to the Restaurant Deal and products on the site may change at any time in Foodklik's discretion, without notice.

Other promotions such as coupon codes are offered by Foodklik and its Partner Restaurants for a certain percentage off of an online order as specified on the face of the Coupon and subject to the terms and conditions as specified by the Partner Restaurant and Foodklik. By obtaining or purchasing a Coupon through the site you acquire the right to redeem the Coupon with the Partner Restaurant. As the issuer of the Coupon, the Partner Restaurant shall be fully responsible for any and all liabilities. Coupons or Promo Codes have no cash value. Foodklik does not make any warranty in relation to the Coupons, including without limitation, their validity and/or value.
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10. Foodklik Rupees / Refer A Friend / Reward Points

Foodklik Rupees are a form of Site Credit redeemable only toward future Foodklik purchases. Foodklik reserves the right to discontinue Foodklik Rupees and may modify these terms at any time. To accumulate and redeem Foodklik rupees, you must create and maintain a Foodklik account in good standing, registered with a valid credit card. Foodklik Rupees are non-transferable. You can also purchase Foodklik Rupees with the use of Credit/Debit Cards in various increments. You may also receive Foodklik Rupees in the form of a refund. Foodklik Rupees received as a refund of the amount you pay expire 1 year after the date of issue. Foodklik Rupees purchased directly with the use of Credit/Debit Cards also expire after 1 year. Under no circumstance, Foodklik Rupees purchased directly will be refunded.

You are responsible for ensuring that Foodklik Rupees you earn, purchase or are awarded as credits are added to your Foodklik account. If you have Foodklik Rupees in your account, the Foodklik Rupees will automatically be the first form of payment applied to your future orders.

Foodklik Rupees cannot be resold or transferred. Your Foodklik Rupees cannot be combined or merged with another Foodklik User's account. Access to Foodklik Rupees or related account information may not be sold or distributed to others. Unauthorized or fraudulent use, resale or distribution of Foodklik Rupees is prohibited. Foodklik reserves the right to cancel, revoke or otherwise prevent the issuance of Foodklik Rupees in cases of mistake and in any suspected case of unauthorized or fraudulent use.

Foodklik's Refer-a-Friend program is a Promotional Activity by which user may earn Reward Points if a non-Foodklik customer you refer becomes a Foodklik customer along with a qualifying purchase on the site. You may earn up to a maximum of 1000 Foodklik Reward Points over the lifetime of your participation across all referrals.

To participate, refer friends who are not current Foodklik users and who have never used the site by sending them a personal referral link available on the site provided to you. For a new User who accesses your unique link and within the following 72 hours registers on the site, and makes an initial order of Rs. 400 or more, then Foodklik will within a reasonable amount of time, post Foodklik Rupees you are eligible to receive, up to the Lifetime Program Limit. For each successful referral, you will receive 25 Foodklik Reward Points.

You may also share your Unique Link via email and social media. Please note that whenever you decide to share your link, you must tell your friends and referrals that you are eligible to receive Foodklik Reward Points if they sign up along with making a qualifying order. Failure to disclose this information is a violation of these terms and conditions and Foodklik may terminate you immediately from the Refer-a-Friend Program, disqualify you from participating in the Refer-a-Friend program in the future and cause forfeiture of any Foodklik Reward Points in your account.

Foodklik reserves the right at any time to modify or discontinue the Refer-a-Friend Program, either temporarily or permanently, with or without notice. Foodklik will not be liable to you in the event of any modification, suspension or discontinuance of the Refer-a-Friend Program.

Value of Reward Points is fixed 1 point is equivalent to 1 INR. The reward points can be redeemed at the time of placing an online order. Please note that reward points can be redeemed only for credit/debit or Foodklik Rupees transactions and not valid for Cash on Delivery Transactions. Please note that you can only redeem reward points up to 10 percent of the order value. Reward Point cannot be combined with any other discount or promo/coupon code. Reward points are non-transferrable. You may also earn reward points through other promotional activities such as when you purchase Foodklik Rupees or Foodklik Gift Cards.
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11. Review Policy And Restaurant Ratings

Foodklik reviews and ratings provide an open forum for both reviewers and restaurants to comment on the service experience relating to the order received by the customer/user. The ratings contained on this site are for informational use only and do not constitute any advice or suggestion. Nor should you rely on ratings to make or take any action. Ratings are the opinions of registered members and any statements, advice or opinions made by such members are those of such members only.

We reserve the right to include or exclude any rating received through this site, and take necessary steps to protect our partner restaurant and customers from any offensive, abusive, hateful, discriminatory or malicious content, including termination of user accounts. Foodklik will not remove or edit reviews where Foodklik believes that doing so would breach Consumer laws.

You can only write or place a review after you have received an order. You can access the review section via the link in the follow up email you will receive after ordering or by accessing previous orders on the site.

When submitting a review you agree that you will not post any material which includes language that a reasonable person would consider obscene, indecent or offensive, defamatory, abusive, harassing or hateful. You will not post a review that contains language that discriminates on the basis of race, religion, age, nationality, gender, sexual preferences etc. You will not post any material that is off-topic, contains baseless or unproven assertions, and constitutes spam or unauthorized advertising.

You also agree that you have not been solicited in any way to post the review or have no commercial/personal interest or competitive relationship with the restaurant or will declare your relationship or personal interest within the review. Foodklik reserves the right to edit or remove, without notice, any review which does not comply with our policy.
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12. Service Availability And Access
The site may be unavailable at certain times to allow for maintenance and upgrades. Although we will notify customers in advance of service unavailability, it cannot be guaranteed and we reserve the right to alter or withdraw the service at any time.

To use our service you must be 18 years of age. You may not use the site for any unlawful or unauthorized purpose including but not limited to: distributing unlawful, abusive, threatening, harmful, obscene or otherwise objectionable material that constitutes a criminal offence.

We reserve the right to decline a new registration, terminate your right to link to the site, remove you as a user of this site and/or prevent any further use if you violate any of the terms mentioned here. If there is a possibility of loss or liability to our partner restaurants or us, we may take any action deemed necessary to prevent such loss from occurring. We reserve the right and the ability to trace you IP address, and if necessary, contact your ISP in the event of suspected breach of these terms and conditions.
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