Please read the terms and conditions ("Terms and Conditions") set out below carefully before
ordering any Goods or
Services from this Website. By ordering any Goods or Services from this Website, by phone, or by
our mobile applications
you agree to be bound by these Terms and Conditions.
- Introduction We are Kerala Tiffin, a brand of http://www.keralatiffin.com, unless otherwise
stated.
- Definitions
- "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any
order form and payment instructions
provided to you.
- "Privacy Policy" means the policy displayed on our Website which details how we
collect and store your personal
data.
- "you", "your" and "yours" are references to you the person accessing this Website
and ordering any Goods or
Services from the Website or from any other channel provided by Kerala Tiffin.
- "we", "us", "our", and " Kerala Tiffin " are references to the Company.
- "Goods" is a reference to any goods which we may offer for sale from our Website
from time to time.
- "Service" or "Services" is a reference to any service which we may supply and which
you may request via our
Website.
- "Food Delivery" is a reference to perishable goods and to any form of delivery
service, which both is provided
by Kerala Tiffin.
- "Website" is a reference to our Website http://www.keralatiffin.com or our mobile
applications on which we
offer our Goods or Services.
-
Ordering
- Any contract for the supply of Food Delivery from this Website is between you and
Kerala Tiffin; for the supply
of Goods or Services from this Website any contact is between you and Kerala Tiffin.
You agree to take particular
care when providing us with your details and warrant that these details are accurate
and complete at the
time of ordering. You also warrant that the credit or debit card details that you
provide are for your own
credit or debit card and that you have sufficient funds to make the payment.
- Food Delivery, Goods and Services purchased from this Website are intended for your
use only and you warrant
that any Goods purchased by you are not for resale and that you are acting as
principal only and not as agent
for another party when receiving the Services.
- Please note that some of our Goods may be suitable for certain age ranges only. You
should check that the product
you are ordering is suitable for the intended recipient.
- When ordering from this Website you may be required to provide an e-mail address and
password. You must ensure
that you keep the combination of these details secure and do not provide this
information to a third party.
- 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.
- Any order that you place with us is subject to product availability, delivery
capacity and acceptance by us.
When you place your order online, we will send you an email to confirm that we have
received it. This email
confirmation will be produced automatically so that you have confirmation of your
order details. You must
inform us immediately if any details are incorrect. The fact that you receive an
automatic confirmation does
not necessarily mean that we will be able to fill your order. Once we have sent the
confirmation email we
will check availability and delivery capacity.
- If the ordered Food Delivery and delivery capacity is available, we will accept the
contract and confirm. If
the details of the order are correct, the contract for the Food Delivery, Goods or
Services will be confirmed
by email or phone call.
- The confirmation message will specify delivery details including the approximate
delivery time and confirm
the price of the Food Delivery, Goods and Services ordered.
- If the Food Delivery and/or Goods are not available or if there is no delivery
capacity, we will also let you
know by email or phone call.
-
Prices and Payment
- Any contract for the supply of Food Delivery from this Website is between you and
Kerala Tiffin; for the supply
of Goods or Services from this Website any contact is between you and Kerala Tiffin.
You agree to take particular
care when providing us with your details and warrant that these details are accurate
and complete at the
time of ordering. You also warrant that the credit or debit card details that you
provide are for your own
credit or debit card and that you have sufficient funds to make the payment.
- All prices listed on the Website are correct at the time of publication and have
been input as fixed prices
at that time; While we give great care to keep them up to date, 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. We also reserve
the right to alter the Goods or Services available for sale on the Website and to
stop listing restaurants,
Goods or Services.
- All prices listed on the Website for Food Delivery by Kerala Tiffin reflect the
price the Kerala Tiffin charges
at the time of listing. In case the price listed is not current and the restaurant
informs us immediately
after placing the order, we will put our best effort to contact you to inform you
about the price difference
and you can choose to opt-out of the order at that time.
- All prices for delivery by Kerala Tiffin or a third party provider assigned by
Kerala Tiffin listed on the
Website are correct at the time of publication, however, we reserve the right to
alter these in the future.
- The total price for Food Delivery, Goods or Services ordered, including delivery
charges and other charges,
will be displayed on the Website when you place your order. Full payment must be
made for all Goods despatched
and Services provided. Payment has to be made in cash or, if available on the
website, by online payment,
e.g. credit or debit card or paytm.
- 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.
- The prices reflected on the website/mobile application/email are determined solely
by Kerala Tiffin at the
time of listing. Any change in the prices of menu at the time of placing order is at
the sole discretion
of the Kerala Tiffin.
- All applicable taxes and levies, the rates thereof and the manner of applicability
of such taxes are being
charged and determined by Kerala Tiffin.
- The entire amount of applicable taxes collected by Kerala Tiffin is directly
remitted as it is to Kerala Tiffin
does not retain any amounts thereof.
- The final tax invoice will be issued by the Kerala Tiffin and delivered to the
customer along with the order.
- Delivery
- Delivery periods quoted at the time of ordering are approximate only and may vary.
Goods will be delivered
to the address designated by you at the time of ordering.
- All orders are delivered by a reputable courier. We will make every effort to
deliver within the time stated,
however, we will not be liable for any loss caused to you by ordering late. If the
Goods are not delivered
within the estimated delivery time quoted by us, please contact contact us by
telephone or email and we will
try to ensure that you receive your order as quickly as possible.
- In case of a late delivery, the delivery charge will neither be voided nor refunded
by Kerala Tiffin.
- All risk in the Goods and the Food Delivery shall pass to you upon delivery.
- If you fail to accept delivery of Food Delivery and/or Goods at the time they are
ready for delivery, or we
are unable to deliver at the nominated time due to your failure to provide
appropriate instructions, or authorizations,
then such goods shall be deemed to have been delivered to you and all risk and
responsibility in relation
to such goods 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 of Food Delivery and/or Goods adequate
arrangements, including
access where necessary, are in place for the safe delivery of such goods. We 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 for delivery.
- Kerala Tiffin, who will prepare your order, aim
- to deliver the product to you at the place of delivery requested by you in
your order.
- to deliver within the time confirmed by the restaurant.
- to inform you if they expect that they are unable to meet the estimated
delivery time.
- Kerala Tiffin shall not be liable to you for any losses, liabilities, costs,
damages, charges or expenses arising
out of late delivery.
- Please note that it might not be possible for Kerala Tiffin to deliver to some
locations. If this is the case,
we will inform you using the contact details that you provide to us when you make
your order and arrange
for cancellation of the order or delivery to an alternative delivery address.
-
Cancellation
- Currently, no cancellations are allowed on ordered food items.
- We may cancel a contract if the product is not available for any reason. We will
notify you if this is the
case and return any payment that you have made.
- In the unlikely event that the Kerala Tiffin 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. If the
Kerala Tiffin can only do
a partial delivery (a few items might be not available), its staff should inform you
or propose a replacement
for missing items. You have the right to refuse a partial order before delivery and
get a refund.
-
Information
- Where we have requested information from you to provide Food Delivery, Goods or
Services you agree to provide
us with accurate and complete information.
- You authorize us to use, store or otherwise process your personal information in
order to provide the Food
Delivery, Goods or Services to you and for marketing and credit control purposes
(the "Purpose"). The Purpose
may include the disclosure of your personal information to selected third parties
from time to time where
we believe that the services offered by such third parties may be of interest to you
or where this is required
by law or in order to provide the Food Delivery, Goods or Service to you. More
information can be found in
our Privacy Policy.
- You are entitled to request a copy of the personal information we hold on you.
Please contact us if you wish
to request this information.
-
Linked Sites There may be a number of links on our Website to third party Websites which we
believe may be of interest to
you. We do not represent the quality of the Goods or Services provided by such third parties
nor do we have any
control over the content or availability of such sites. We cannot accept any responsibility
for the content of
third party Websites or the Services or Goods that they may provide to you.
-
Complaints We take complaints very seriously and aim to respond to your complaints within 5
business days. All complaints
should be addressed to support@kerlatiffin.com.
-
Limitation of Liability
- Great care has been taken to ensure that the information available on this Website
is correct and error free.
We apologize for any errors or omissions that may have occurred. We cannot warrant
that use of the Website
will be error free or fit for purpose, timely, that defects will be corrected, or
that the site or the server
that makes it available are free of viruses or bugs or represents the full
functionality, accuracy, reliability
of the Website and we do not make any warranty whatsoever, whether express or
implied, relating to fitness
for purpose, or accuracy.
- By accepting these terms of use 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 Participating Restaurant.
- We disclaim any and all liability to you for the supply of the 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 cannot accept any liability for any loss, damage
or expense, including
any direct or indirect loss such as loss of profits to you, howsoever arising. This
limitation of liability
does not apply to personal injury or death arising as a direct result of our
negligence.
- 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.
- The products sold by us are provided for private domestic and consumer use only.
Accordingly, we do not accept
liability for any indirect loss, consequential loss, loss of data, loss of income or
profit, loss of damage
to property and/or loss from claims of third parties arising out of the use of the
Website or for any products
or services purchased from us.
- 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 Kerala Tiffin has a reasonable belief that there exists an abuse of
vouchers and/or discount codes
or in suspected instances of fraud, Kerala Tiffin may cause the shopper (or
customer) to be blocked immediately
and reserves the right to refuse future service. Additionally, should there exist an
abuse of vouchers or
discount codes, Kerala Tiffin reserves the right to seek compensation from any and
all violators.
- Offers are subject to Kerala Tiffin discretion and may be withdrawn at any time and
without notice.
- General
- All prices are in India Rupees. GST is included where indicated
- We may subcontract any part or parts of the Services or Goods that we provide to you
from time to time and
we may assign or novate any part or parts of our rights under these Terms and
Conditions without your consent
or any requirement to notify you.
- We may alter or vary the Terms and Conditions at any time without notice to you.
- Payment must be made either at the time of ordering the Food Delivery, Goods or
Services from us by credit
card or at the time of delivery by cash. Failure to pay on time will result in the
cancellation of your order.
- Do not use or launch any automated system or program in connection with our website
or its online ordering
functionality;
- Do not collect or harvest any personally identifiable information from the website,
use communication systems
provided by the website for any commercial solicitation purposes, solicit for any
reason whatsoever any users
of the website with respect to their submissions to the website, or publish or
distribute any vouchers or
codes in connection with the website, or scrape or hack the website.
- The Terms and Conditions together with the Privacy Policy, any order form and
payment instructions constitute
the entire agreement between you and us. No other terms whether expressed or implied
shall form part of this
Agreement. In the event of any conflict between these Terms and Conditions and any
other term or provision
on the Website, these Terms and Conditions shall prevail.
- If any term or condition of our Agreement shall be deemed invalid, illegal or
unenforceable, the parties hereby
agree that such term or condition shall be deemed to be deleted and the remainder of
the Agreement shall
continue in force without such term or condition.
- These Terms and Conditions and our Agreement shall be governed by and construed in
accordance with the laws
of India. The parties hereto submit to the exclusive jurisdiction of the courts of
India.
- No delay or failure on our part to enforce our rights or remedies under the
Agreement shall constitute a waiver
on our part of such rights or remedies unless such waiver is confirmed in writing.
- Customers placing order with Kerala Tiffin are liable of receiving promotional
SMS/email. If customer wish
to not receive promotional SMS, they may contact us on support@keralatiffin.com
- These Terms and Conditions and a contract (and all non-contractual obligations
arising out of or connected
to them) shall be governed and construed in accordance with India Laws. Both we and
you hereby submit to
the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and
contacts between us
shall be made or conducted in the English language.
- The voucher calculation is subject to Kerala Tiffin discretion and may be altered at
any time and without notice.
The voucher can discount any/all of the components including food cost, taxes and
fees and likewise.
- Any Service Fee/Delivery Fee charged by Kerala Tiffin is subject to prevailing GST
Rates.
- Rates under the GST regime has recently been notified. The restaurants are currently
examining the taxability
of their supplies. Kerala Tiffin hence, does not bear any responsibility on the
taxes charged by the restaurant
in the interim period.