Legal › EZHORECA SOLUTIONS PVT LTD

Terms & Conditions

Effective: January 1, 2023Last updated: December 25, 2022

Overview

TIFFINSHALA, EZHORECA SOLUTIONS PVT LTD is a retail business through which “Goods” are sold to the public via e-commerce in relatively small quantities for consumption. Tiffinshala acts as a Food Aggregator — a platform for restaurants and kitchens to reach consumers online.

Tiffinshala App provides its consumers with the following services:

  • Allow for easy search of restaurants/kitchens nearby or wherever;
  • Allow for home delivery;
  • Allow subscribers/members to dine in the restaurant/kitchen itself (inclusive of food and drink);
  • Buying or selling goods or services including digital products over a digital or electronic network.
Downloading, accessing, or using the App indicates that you have read this Terms and Conditions policy and consent to its terms. If you do not consent, do not proceed to download, access, or otherwise use the Tiffinshala App.
1

Eligibility

The User must undertake to adhere to the eligibility to enter into a contract in view of Section 11 of The Indian Contract Act, 1872. The User shall represent and warrant that they are at the age of 18 or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties as set forth in this Agreement.

2

Compliance of Law

Both the User and Tiffinshala App must be in compliance with all laws and regulations of the Constitution of India while accessing and using the Service. The User must agree to use the Services only in compliance with these terms & conditions, applicable law, and in a manner that does not violate legal rights or those of any third party.

3

Legal Implications of Online Food Ordering

Tiffinshala provides online food ordering services by entering into contractual arrangements with Restaurants/Kitchens on a principal-to-principal basis for the purpose of listing their food and beverages for online ordering by the Users on the Tiffinshala App (“Restaurant/Kitchen Partners”). Users can access the list of food and beverages of the Restaurant Partners listed on Tiffinshala App and place orders against the Restaurant/Kitchen Partners through Tiffinshala App, which the Restaurant/Kitchen Partner may or may not accept at its absolute discretion.

4

Terms of Service of Tiffinshala

1Tiffinshala is not a manufacturer, seller, or distributor of food or beverages — it only places orders against the partner restaurant on behalf of the User and facilitates the sale and purchase of food and beverages between the two parties.
2Tiffinshala shall not be liable for any actions or omissions by the Restaurant Partners including deficiency in service, wrong delivery, quality of food, or time taken to prepare or deliver the order.
3The liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules shall solely be towards the seller/owners, vendors, Restaurant/Kitchen Partners, importers, or manufacturers of food products.
4Some food on Tiffinshala App may be suitable for certain ages only. Users must check the food they are ordering and read its description before placing an order. Tiffinshala App shall not be liable if food ordered does not meet dietary or other requirements. In case of any ambiguity, the customer must contact support before placing an order.
5The acceptance by a Delivery Partner of undertaking delivery of a User’s order shall constitute a contract of service under the Consumer Protection Act, 2019 between the User and the Delivery Partner — TIFFINSHALA APP is not a party to this contract.
6Tiffinshala APP does not provide delivery or logistics services and only enables delivery by connecting Users with Delivery Partners or Restaurant/Kitchen Partners, as applicable.
7Tiffinshala will use reasonable efforts to inform the User of Delivery Charges that may apply. The User will be responsible for Delivery Charges regardless of their awareness of such charges.
8Tiffinshala App reserves the right to remove, block, or disable access to any Content at any time without prior notice, for any reason considered to be objectionable, in violation of these terms, or otherwise harmful to the Services.
9Intellectual & Proprietary Rights: Tiffinshala App declares ownership of all Tiffinshala content and Proprietary Rights. Every User must agree to protect Tiffinshala’s IPR and proprietary rights in full.
10Use of License: Tiffinshala App grants Users a personal, limited, non-exclusive, and non-transferable license to access and use the Services only as expressly permitted by this Agreement. The User shall not use the Services for any illegal purpose or in any manner inconsistent with this Agreement.
11Review and Ratings: Reviews or ratings for a restaurant posted by Users do not reflect the opinion of TIFFINSHALA. TIFFINSHALA reserves the right to remove any review for any reason considered to be objectionable, in violation of these terms, or otherwise harmful.
12On-Time Delivery: Users may opt for on-time delivery services at selected Restaurants/Kitchens for an additional non-refundable cost. If the order fails to arrive on or before the Promise Time, the User may receive a Coupon worth up to INR 50. This service is on a best-effort basis and does not apply in unforeseen circumstances beyond TIFFINSHALA’s control (e.g., strikes, natural disasters).
13Price List: Tiffinshala App keeps all listed prices correct at the time of publication. The final price charged may change at time of delivery. In case of a conflict, the price charged by the Restaurant/Kitchen shall be deemed correct. Total price including Delivery Charges will be displayed when placing the order, rounded up to the nearest rupee.
14Delivery periods and pickup times quoted at the time of ordering are approximate only and may vary. Tiffinshala App shall not be liable for any delay in this regard.
15Personal Promo Codes, offers, and memberships can be used by the User subject to terms set by Tiffinshala App from time to time. Only subscribers will be eligible for opted offers.
5

Terms of Use for Customer

1Clicking ‘Place Order’ / ‘Continue to payment’ constitutes an unconditional and irrevocable authorization in favor of Tiffinshala App to place online orders on the User’s behalf. An order, once accepted by a Restaurant/Kitchen Partner, constitutes a separate contract of sale between the Restaurant/Kitchen Partner and the User — to which Tiffinshala App is not a party.
2The User must warrant that while placing an order, details such as cart contents, contact numbers, and delivery addresses are accurate and correct. By providing these details, the User accepts Tiffinshala’s terms and conditions and privacy policy.
3The User shall not resell food purchased via Tiffinshala App.
4The User shall be charged a delivery fee as determined by the Delivery Partner or Restaurant/Kitchen Partner. Delivery Charges may vary per order based on factors such as order value, quantity, and peak-hour demand.
6

Cancellation of Order

1User must acknowledge that cancellation, or attempted cancellation of an order, or cancellation due to reasons not attributable to Tiffinshala (e.g., incorrect particulars, unresponsive or unavailable recipient) shall amount to a breach of the unconditional and irrevocable authorization in favour of Tiffinshala (“Authorization Breach”).
2In the event of an Authorization Breach, the User shall be liable to pay liquidated damages equivalent to the Order Value. Tiffinshala is authorized to deduct such amount from the next order payment.
3In cases where Tiffinshala is unable to accept or cancels the order due to technical errors, unavailability of items, or other reasons attributable to Tiffinshala, no cancellation charge will be applied and any pre-paid amount will be reversed to the User.
4Tiffinshala shall not facilitate replacements, refunds, or any other resolution without the Restaurant Partner’s permission. All refunds shall be processed in the same manner as received, unless provided as credits.
5Any complaint regarding food spillage, foreign objects, wrong orders, or poor quality requires the User to share proof before any resolution can be provided.
6All refunds shall be processed in the same manner as they are received. Refund amounts will reflect in your account based on respective bank policies.
7

Account Registration on the Platform

1One shall have access to the Platform by registering to create an account for the TIFFINSHALA APP and become a member, or by logging in via certain third-party social networking sites (“SNS”) such as Facebook (“Third Party Account”).
2Membership is limited for the stated purpose, is subject to these terms, and is strictly non-transferable. Users may link their Tiffinshala Account with Third-Party Accounts by:
  • Providing Third Party Account login information through the Platform; or
  • Allowing Tiffinshala App to access the Third-Party Account, as permitted under its applicable terms.
3By granting access to any Third Party Account, the User represents that they are entitled to disclose such login information to Tiffinshala and/or grant access without breaching any terms of that Third Party Account.
4By granting access to Third Party Accounts, Tiffinshala may access, make available, and store any content or information stored in the Third-Party Account so that it is available on and through the Platform.
5Subject to the privacy settings of the user’s Third-Party Account, personally identifiable information posted to Third-Party Accounts will be available through the Tiffinshala App Account on the Platform.
6Every user shall have access to only one Tiffinshala account. Upon finding multiple accounts, Tiffinshala App reserves the right to suspend such accounts without liability for compensation.
7Every user shall provide accurate, current, and complete information during registration and must update it as necessary to keep it accurate and complete.
8Tiffinshala reserves the right to suspend or terminate your account and access to Services if:
  • Information provided during registration proves to be inaccurate, not current, or incomplete;
  • A user's actions may cause legal liability for Tiffinshala or the user; or
  • The user is found to be non-compliant with the Terms of Use.
9Every user is responsible for safeguarding their password and shall not disclose it to any third party. The user is solely responsible for all activities under their Tiffinshala Account, whether or not authorized.
8

Refunds & Payments

Refunds

AThe User shall be entitled to a refund only if pre-payment was made and only in the following circumstances:
  • The order packaging has been tampered or damaged at the time of delivery;
  • Delivery location falls outside our designated delivery zones;
  • Failure to contact the User by phone or email at the time of confirming the order booking; or
  • The restaurant/kitchen partner cancels the order due to unavailability of ordered items.
BThe decision on refunds shall be at the sole discretion of Tiffinshala App and shall be final and binding.
CAll refund amounts shall be credited to your account within 7–8 business days in accordance with the terms stipulated by the bank which issued the credit/debit card.

Payments

In case of payment at the time of delivery, the User shall not be required to pay for:

  • Orders where the packaging has been tampered or damaged;
  • Wrong order being delivered; or
  • Items missing from your order at the time of delivery.
9

Other Terms & Conditions

1Statutory Compliances: The User acknowledges that Tiffinshala bears no responsibility for Restaurant Partners’ compliance with statutory rules, regulations, and licenses. Tiffinshala shall not be liable if the User is unable to avail offers due to the Restaurant/Kitchen Partner’s statutory violations.
2Limitation of Liability: Tiffinshala shall not be liable for in-person interactions with Restaurant/Kitchen Partner staff, the member’s experience at the outlet, or if any outlet temporarily or permanently shuts down. Tiffinshala is only responsible for claims arising out of offers/membership plans it advertises solely.
3Assignment: Tiffinshala may assign its rights and obligations under these terms to any of its affiliates or any third party at any time.
4Food Hygiene Audit: Tiffinshala shall undertake food hygiene auditing of Restaurant/Kitchen Partners in partnership with certified auditors.
5Disclaimer of Warranties: The Services are provided “as is” and “as available”; use of the Services is at the User’s risk. To the fullest extent permitted by applicable law, Tiffinshala disclaims all express or implied warranties and assumes no responsibility for errors, personal injury, unauthorized server access, service interruptions, bugs/viruses, or loss of data.
6Any material downloaded through the Services is done at the User’s own discretion and risk. The User will be solely responsible for any damage to their device or loss of data resulting from such downloads.
7Advertisement: Some Services are supported by advertising revenue. Tiffinshala App will not be responsible or liable for any errors, inaccuracies in advertising material, or any loss incurred as a result of such advertising.
8Limitation of Liability: To the fullest extent permitted by law, in no event shall Tiffinshala be liable for indirect, incidental, special, punitive, exemplary, or consequential damages including any loss of profit, goodwill, business reputation, or data.
9Indemnification: The User agrees to indemnify and hold harmless Tiffinshala Parties from third-party claims arising as a result of User’s Content, unauthorized use of Services, violation of any rights, or breach of these terms including infringement of copyright or intellectual property rights of any third party. The User can delete their account at any time by contacting Tiffinshala via the “Contact Us” link.
10Addendum: Tiffinshala App may vary, amend, change, or update these terms at any time at its own discretion. Continued usage of Tiffinshala App shall be deemed express acceptance of such amended terms. Users may be required to install upgrades or updates to continue accessing the Services.

Contact Us

Eat Good, Feel Good.

Working Address

C-28 & 29, C Block, Phase 2, Industrial Area, Sector 62, Noida, Uttar Pradesh 201309, India

Registered Address

D-51 2nd Floor, Sector-2 Noida 201301, Uttar Pradesh, India

Tiffinshala
tiffinshalathe tiffin delivery network

© 2024 Tiffinshala. All rights reserved.