Terms and Conditions

These terms of use (Terms) govern your use of the Website and the App (together, the Website).

We may amend the Terms from time to time and you agree to be bound by the revised Terms as and when they are amended. You are encouraged to revisit the Terms regularly.

If you do not agree to these Terms please do not access or use the Website. By continuing to use the Website, you are indicating that you have agreed to be bound by the Terms.

ELIGIBILITY

You can access or use the Services only if you are eligible to form legally binding contracts under Indian Contract Act, 1872. We reserve the right to cancel or refuse your registration and / or refuse to provide you with access to the Services if it is brought to our notice that you cannot form legally binding contracts.

If you are a minor (under the age of 18 years), you cannot register with us. However, you may use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

SERVICES

We are a food ordering and delivery platform provider. We enable the users of our Website to place orders for food items on any of the premium restaurants who have enrolled with us (Restaurants) and facilitate the delivery of ordered items from the Restaurant to the address designated by the User (Services).

By using the Website you can order food items from any Restaurant listed on the Website. The menus of the Restaurants active and serving food at the time of ordering will be displayed on the Website. You can select the food items of your choice and place the final order. The fulfilment of the order will depend on its acceptance by the concerned Restaurant and the availability of the items ordered.

The Website will also allow you to customize your order and specify your preferences. You also have the option to pre-order from the Restaurants with the ability to make changes to the order, provided that any changes to such pre-orders must be communicated to us within 5 minutes of placing the order.

If the Restaurant accepts your order, our delivery personnel will pick-up the items you ordered from the Restaurant and have them delivered at your door step. We will charge you a delivery fee for each order placed through the Website.

You can avail the Website and the Services by creating an account and registering with us.

REGISTRATION AND ACCOUNT

If you register with us, you will be able to avail the full features on the Website. We may collect certain personal information about you for the purpose of registration. For information about how we use the information collected from you, you may refer to our Privacy Policy available at www.eatentree.com/privacy-policy. If you choose not to provide this information you may not be able to avail the full range of our Services.

Once you complete the registration, we will create an account for you and you may log on to your account using your username and password. Please keep your account updated so that we can process your requests without any delay or inaccuracy.

Please do not share your account information with any other person. You are responsible for all activities and transmissions on your account including any transactions made through your account. You must immediately notify us of any unauthorised use of your account information or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this provision.

PAYMENTS

You can pay for the orders you place on the Website through credit/debit card or internet banking at the time of ordering, or by cash at the time of delivery.

RETURNS AND REFUNDS

We will facilitate the return and replacement of items to Restaurants only if: (i) the packaging of the items has been damaged or tampered with in transit, or (ii) if you have received an incorrect order. In case you wish to not have the items replaced, and you have already made the payment for such orders we will facilitate a full refund from the Restaurant.

DISCLAIMER

(i) We are not a food business operator and are not engaged in the manufacture, processing, packaging, storage, transportation or distribution of food within the meaning of the Food Safety and Standards Act, 2006.

(ii) We are not responsible for the food items or any services provided by the Restaurants listed on our Website, including but not limited to ensuring that the food delivered meets your requirements and expectations.

(iii) The Restaurant is solely responsible for preparing the food items in accordance with your order. We will not be liable for any wrong order.

(iv) We are not responsible for the availability or non-availability of any food items. The Restaurants listed on the Website shall be solely responsible for the availability of items displayed on their respective menu in the Services.

(v) We do not guarantee the fulfilment of any large orders placed through the Website. The fulfilment of any large order depends entirely on the availability of the items at the concerned Restaurant.

LICENSE

The Website may contain copyrighted material, trademarks, and other proprietary information owned by us or other third parties. Mere access to or use of the Website do not confer upon you any rights to the intellectual property belonging to us or any third party. You agree not to copy, modify, publish, transmit, distribute, perform, display, or sell any such intellectual property except for that information which is in the public domain or for which you have been given permission. Any use of the Website or its contents without our permission is prohibited.

The following trade names/ trademarks indicated on the Website are our trade names/ trademarks and may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us, the Website or the Services:

"Entrée"

"eatentree"

TERMS OF ACCESS

By accessing the Website, you agree that you will use the Website and avail the Services for lawful purposes only, and comply with all applicable laws and regulations. You agree that you will not do anything that may impair the performance or any functionality of the Website or the servers on which the Website is hosted.

When you access the Website, you agree not to (i) scrape or attempt to scrape or extract any data, including information provided by third parties or other users of the Website, (ii) use the Website for any monitoring, benchmarking or throttling or any other purposes that may impair the performance or functionality of the Website, (iii) access or attempt to access any content available on the Website by any means other than through the interface provided by us.

DISRUPTION

It is our endeavour to ensure that the Website and Services are accessible to you from everywhere on a 24x7 basis. However, we may, from time to time and without prior notice of downtime, suspend access to the Website or to some parts thereof for maintenance or other reasons. We may also, at our sole discretion, either temporarily or permanently disable access to the Website for specific users. You agree that you have no expectation of or right to permanent and uninterrupted access to the Website or the Services.

THIRD PARTY DISCLAIMERS

We do not guarantee that other users of the Website will comply with these Terms.  You hereby assume all risk of any harm or injury which may result to you on account of such non-compliance by third party users. We shall not be liable for any such harm or injury resulting from third party use.

We do not guarantee or make any representations regarding the content of any third party sites. If you access a link of any third party website, you hereby acknowledge that you do so entirely at your own risk and expense.

We shall not be responsible for any dispute between you and any other third party arising out of the use of the Website or the Services. We shall not be held liable for any negligent conduct or behaviour of any third party in relation to the use of the Website or the Services.

INDEMNITY

You agree to indemnify us for all claims, proceedings, penalties, damages, losses, actions, costs and expenses arising out of or in relation to your (i) use of the Website and the Services (ii) breach of these Terms, (iii) violation of any law, rules or regulations or the rights of a third party, or (iv) any fraudulent act on your part.

LIMITATION OF LIABILITY

We will not be responsible for the accuracy, completeness, reliability, fitness, availability or relevance of any information on the Website and Services.

You hereby acknowledge and agree that we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, reputation, goodwill, business opportunities, data or other intangible losses or be liable for any loss or damages of any kind whatsoever arising out of the use of or inability to use the Website and Services, however arising whether by tort or by contract, including without limitation, damages for loss or corruption of data or programs and service interruptions, even if the we know or have been advised of the possibility of such damages.

We also disclaim any and all liability for the acts, omissions and conduct of any third parties in connection with or related to the use of the Website and Services. We will not be responsible or liable for any damages or losses resulting from any correspondence or business dealings with third-party service providers or advertisers or resulting from the presence of such advertisers on the Website.

WARRANTY

We are maintaining the Website and providing the Services on an "as is" basis and offer no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Website or the Services. We specifically disclaim any implied warranties of fitness for a particular purpose or non-infringement. You expressly agree that the use of the Website and/or the Services is at your own risk and that you will not hold us responsible for any content that may be deemed offensive, indecent, or objectionable to you. In particular, we will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, or for any loss of any kind arising out of the use of or inability to use the Website or the Services.

SUSPENSION/TERMINATION

If you violate or breach any of these Terms, we may suspend or terminate your account or your access to the Website and/or the Services, at our discretion. In such event, we shall not be liable for any refunds or damages.

GOVERNING LAW & DISPUTE RESOLUTION

These Terms shall be governed by the laws of India and any disputes or proceedings arising hereunder shall be subject to the jurisdiction of the courts in Bangalore.