This “Terms of Use” document is an electronic record in accordance with the Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of website www.orderfly.in and the OrderFly website application and mobile application for mobile and handheld devices.
TERMS OF USE
1. These “Terms of Use” govern your use of orderfly.in (the “Website”), “OrderFly” website application and mobile applications (“Apps”). The Website and Apps are jointly referred to as the “Platform”. The Website and Apps - Platform - are owned, managed and operated by OrderFly Private Limited(“OrderFly”)
Please read these Terms of Use carefully before you use the services. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the App.
PLEASE NOTE THAT YOUR USE OF THE WEBSITE AND APPS IN ANY WAY SIGNIFIES YOUR ACCEPTANCE TO THE TERMS. By installing, downloading or even using the Platform, you signify your acceptance to the Terms of Use and other policies of OrderFly, including but not limited to, (i) Privacy Policy, as amended from time to time; (iii) Cancellation and Refund Policy, which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.
The Platform is operated and owned by OrderFly Private Limited, a company incorporated under the Companies Act, 1956 and having its registered office at 502, 5th Floor, Orchid Business Park, Military Road, Marol, Andheri East, Mumbai – 400059, Maharashtra. For the purpose of these Terms of Use, wherever the context so requires, “Merchant/Vendor”, “you”, “your” or “yourself” shall mean any natural or legal person, any business entity who has agreed to avail OrderFly Services by registering on the Platform by providing registration details as a registered user using any computer systems or by completing registration formalities offline through our physical application process, by providing required registration details and documents. The terms “OrderFly”, “we”, “us” or “our” shall mean OrderFly Private Limited. The terms “Buyers/End user”, “your Buyers”, “your customers”, clients or “Your Clients” shall mean and refer to any natural or legal person or a business entity who has placed a request with the Merchant or vendor to deliver their orders (including but not limited products, services, material, supplies or documents) from a point of pick-up to a predefined drop location.
2. OrderFly is a Business-2-Business “B-2-B Platform” which enables merchants (“OrderFly Users”) to outsource their delivery services to OrderFly in real time, regardless of the mode of placement of “Orders” (placed through merchant website, phone call, SMS or online aggregators that allow only placement of “Orders” but don’t offer delivery services) by the “end consumers.” The “end consumers” can choose and place “Orders” from a variety of products listed and offered for sale by various neighbourhood “OrderFly Users” including but not limited to restaurants and eateries. OrderFly facilitates and completes the delivery of transaction requests received by participant restaurants/merchants from their buyers (“Platform Services”). OrderFly enables delivery of orders received by participant restaurants/merchants from their buyers only at select localities of serviceable areas/ cities in India (“Delivery Services”). The Platform Services and Delivery Services are collectively referred to as “Services”.
AMENDMENTS
These Terms of Use are subject to modifications at any time. We reserve the right to modify or change these Terms of Use and other OrderFly policies at any time by posting changes on the Platform, and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Platform. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other OrderFly policies and note the changes made on the Platform. Your continued usage of the services after any change is posted constitutes your acceptance of the amended Terms of Use and other OrderFly policies. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and OrderFly policies (including but not limited to Cancellation & Refund Policy, Privacy Policy) as may be posted on the Platform from time to time.
USE OF PLATFORM AND SERVICES
All commercial/contractual terms between the buyers and you are offered by and agreed to between the buyers and yourself alone. The commercial/contractual terms include without limitation price, taxes, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. OrderFly does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and yourself. OrderFly, however, offers support services to Merchants in respect to order fulfilment, payment collection, and other services, pursuant to independent contracts executed by OrderFly with the Merchants.
OrderFly does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) offered by you. All Merchant offers and third-party offers are subject to respective party terms and conditions. OrderFly takes no responsibility for such offers.
OrderFly operates and assumes the role of a delivery partner and facilitator for Merchants and does not at any point of time during any transaction between Buyer and Merchant come into or take possession of any of the products or services offered by you. At no time shall OrderFly hold any right, title or interest over the products nor shall OrderFly have any obligations or liabilities in respect of such contract entered into between the buyer and yourself.
USE OF THE WEBSITE, WEB APPLICATION AND/OR MOBILE APPLICATION (ANDROID AND WEB)
You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles: You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
1) Is misleading or misrepresentative in any way;
2) Promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
3) Infringes upon or violates any third party’s rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
4) Tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
5) Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform. Throughout these Terms of Use, OrderFly’s prior written consent means a communication coming from OrderFly’s Legal Team, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization;
6) Infringes any patent, trademark, copyright or other intellectual property rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
7) Violates any law of the time being in force;
8) Contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
9) Creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers;
10) You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, “password mining” or any other illegitimate means;
11) You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to Platform, or any other Buyer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Platform;
12) You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform, or with any other person’s use of the Platform;
13) You may not use the Platform or any content on the Platform for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity that infringes the rights of OrderFly and/or others;
14) You shall at all times ensure full compliance with the applicable provisions, as amended from time to time, of (a) the Information Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws, rules and regulations (including the provisions of any applicable exchange control laws or regulations in force); and (c) international laws, foreign exchange laws, statutes, ordinances and regulations (including, but not limited to sales tax/VAT, income tax, octroi, service tax, GST (central excise, custom duty, local levies) regarding your use of our service, purchase, solicitation of offers to purchase. You shall not engage in any transaction in an item or service, which is prohibited by the provisions of any applicable law including exchange control laws or regulations for the time being in force;
15) In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your and your customers’/buyers’ information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform;
16) You understand that we have the right at all times to disclose any information as necessary to satisfy any law, regulation or valid governmental request. This may include, without limitation, disclosure of the information in connection with investigation of alleged illegal activity or solicitation of illegal activity or in response to a lawful court order or subpoena. In addition, we can (and you hereby expressly authorize us to) disclose any information about you or your buyers to law enforcement or other government officials, as we, in our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury;
17) It is possible that other users (including unauthorized users or ‘hackers’) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. Please carefully select the type of information that you publicly disclose (Your and your Buyers) or share with others on the Platform;
18) OrderFly shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in, hacking, pen testing attempts without our prior consent or a mutual legal agreement.
ACCOUNT REGISTRATION OR USE OF THE PLATFORM
You may access the Platform by registering to create an account (“OrderFly Account”) and become a registered merchant (“Membership”); or by completing registration formalities offline through our physical application process, by providing required registration details and documents or you can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); a “Third Party Account”, via our Platform, as described below. The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, you may link your OrderFly Account with Third Party Accounts, by either:
1) Providing your Third-Party Account login information to us through the Platform; or
2) Allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.
By granting us access to any Third-Party Accounts, you understand that we will access, make available and store (if applicable) any content or information that you have provided to and stored in your Third-Party Account (“SNS Content”) so that it is available on and through the Platform via your OrderFly Account.
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
Depending on the Third-Party Accounts, you choose, and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your OrderFly Account on the Platform.
Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Platform.
We will create your OrderFly Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via an SNS, as described above. You may only have one OrderFly Account and not permitted to create multiple accounts. If found, that you have multiple accounts, OrderFly reserves right to suspend such multiple account without being liable for any compensation.
You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
We reserve the right to suspend or terminate your OrderFly Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OrderFly Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your OrderFly Account.
As a general rule, all delivery requests placed on the Platform are treated as confirmed. However, upon your successful completion of booking a delivery, we may call you on the telephone or mobile number provided to confirm the details of the order.
All payments made against the purchases/services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method. You understand, accept and agree that the payment facility provided by OrderFly is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, OrderFly is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
You acknowledge and agree that we act as your collection agent for the limited purpose of accepting payments from your customers on your behalf.
You agree to pay us for the total amount for the subscription plan, applicable services utilized on the Platform. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listed on our portal or shared with you during your offline (Physical application form) registration process. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with the delivery request, your customer may be asked to provide customary billing information such as name, billing address and credit card information either to us or our third-party payment processor. You agree to allow us to collect payments for the order placed by your customers and there by requested by you to deliver it to them, in accordance with these terms, using of the methods described under the clause describing the collection of payments. You hereby authorize the collection of such amounts by charging the debit/credit card provided as part of requesting the booking, either directly by us or indirectly, via a third-party online payment processor or by one of the payment methods described on the Platform. If your customer is a third-party payment processor listed with us, you may be subject to terms and conditions governing use of that third party’s service and that third party’s personal information collection practices. You take complete responsibility of guiding your customers to review such terms and conditions and privacy policy before using such services.
The final tax bill will be issued by the Merchant to the Buyer along with the order and OrderFly is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. OrderFly holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant.
The Merchant shall be solely responsible for any warrantee/guarantee of the products and services sold to the buyers and in no event shall be the responsibility of OrderFly.
The transaction is bilateral between the Merchant and Buyer and therefore, OrderFly is not liable to charge or deposit any taxes applicable on such transaction.
MERCHANT SERVICE
You may not be able to avail our Services if your location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your registration as a Merchant with OrderFly.
You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
You order will be only delivered to your customers address designated by you at the time of placing a delivery request on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change in place of delivery and you shall not be entitled to any refund or compensation for the same. Delivery in the event of change of the delivery location shall be at our sole discretion of OrderFly.
You shall undertake to provide adequate directions, information and authorisations to complete the delivery to your customers designated address. In the event of any failure to accepting delivery by your customer, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to your customer and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund (If Any) for the same. Our decision in relation to this shall be final and binding.
You understand that our liability ends once your order has been delivered to your customer.
You confirm that we shall not be responsible for any deficiency in payment to your customers of consideration payable towards the goods purchased from you.
You agree and acknowledge that we shall not be liable in the event of you failing to adhere to the Terms of Use.
SERVICES PROVIDED:
OrderFly operates and assumes the role of a delivery partner and facilitator for Merchants and does not at any point of time during any transaction between Buyer and Merchant come into or take possession of any of the products or services offered by you. We are a delivery partner, services of which can subscribe for by becoming a registered partner through our online platform or by completing registration formalities offline through our physical application process, by providing required registration details and documents. Our delivery packages and other services along with required details is included in the products and services section and their respective pricing and applicable taxes can be made available to you on request. You are entitled to choose from the list of products and services available.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
If you use the Platform, you do the same at your own risk.
You agree that the Services shall be provided by us, only during the specified working hours, mutually agreed by the merchant and Orderfly during the registration process.
In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with any other entity.
GENERAL TERMS OF USE
Persons who are “incompetent to contract” within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail Services. If you are under 18 years of age and you wish to download, install, access or use the Platform or its services, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and OrderFly policies, you shall immediately discontinue its use. OrderFly reserves the right to terminate your Membership and / or deny access to the platform if it is brought OrderFly’s notice that you are under the age of 18 years.
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.
As we are providing services in the select areas/cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and OrderFly policies to the attention of all such persons accessing the Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to OrderFly to receive promotional SMS and e-mails from OrderFly or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to [email protected]
BY USING THE PLATFORM YOU REPRESENT AND WARRANT THAT:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
Your use of the Platform shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.
You will not (a) use any services provided by the Platform for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact us at [email protected]
You will not use the Platform in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform.
You will not use another person’s/entity’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.
You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.
You will not delete or modify any content of the Platform, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.
You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.
You shall not access the Platform without authority or use the Platform in a manner that damages, interferes or disrupts:
1) Any part of the Platform or the Platform software; or
2) Any equipment or any network on which the Platform is stored or any equipment of any third party
You release and fully indemnify OrderFly and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, OrderFly cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User’s information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
ACCESS TO THE PLATFORM, ACCURACY AND SECURITY
We endeavour to make the Platform available and complete your servicing request during the agreed work hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
RELATIONSHIP WITH OPERATORS IF THE PLATFORM IS ACCESSED ON MOBILE DEVICES
In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and us only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You must comply with any applicable third-party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator’s subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
DISCLAIMERS
The platform may be under constant upgrades, and some functions and features may not be fully operational.
Due to the vagaries that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the platform or delay or errors in functionality of the platform. As a result, we do not represent that the information posted is correct in every case.
We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
You acknowledge that third party services are available on the platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to you. However, you acknowledge and agree that at no time are we making any representation or warranty regarding any third party’s services nor will we be liable to you or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by you or any third party. You hereby disclaim and waive any rights and claims you may have against us with respect to third party’s/merchant’s services.
Orderfly disclaims and all liability that may arise due to any violation of the food safety and standards act, 2006 and applicable rules and regulations made thereunder and such liability shall be attributable to you- the merchant.
While the materials provided on the platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to you or any third party for any decision made or action taken in reliance on such information.
The information provided hereunder is provided “as is”. We and / or our employees make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving us as well as our consultants, business associates, affiliates, business partners and employees from any kind of professional liability.
We shall not be liable to you or anyone else for any losses or injury arising out of or relating to the information provided on the platform. In no event will we or our employees, affiliates, authors or agents be liable to you or any third party for any decision made or action taken by your reliance on the content contained herein.
In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or merchant accessed through the platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
INTELLECTUAL PROPERTY
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
TREATMENT OF INFORMATION PROVIDED BY YOU
We process information provided by you to us in accordance with our Privacy Policy.
THIRD PARTY CONTENT
We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and privacy policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.
SEVERABILITY
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
NON-ASSIGNMENT
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
GOVERNING LAW AND DISPUTE RESOLUTION
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Mumbai, India.
CONTACT US
Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.
GRIEVANCE OFFICER
In accordance with Information Technology Act, 2000 and rules made there under, the name and contact details of the Grievance Officer are provided below:
Mr. Animesh Chaturvedi
OrderFly Private Limited
Reg Office: 502, 5th Floor, Orchid Business Park, Military Road, Marol, Andheri East, Mumbai-400059
Phone: +91 – 9819058142
Email: [email protected]
Time: Mon - Sat (9:00 - 18:00)