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Help & Support
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Help with orders
Reach us at our Customer Care number 18002035784, Monday to Sunday between 8AM to 10PM. You can also email us your issue on customer help@fooza.in. Note: We value your privacy and your information is safe with us. Please do not reveal any personal information, bank account number, OTP etc. to another person. A Fooza representative will never ask you for these details. Please do not reveal these details to fraudsters and imposters claiming to be calling on our behalf. Be vigilant and do not entertain phishing calls or emails.
FAQs
Your order can be edited before it reaches the restaurant. You could edit it in the App or contact Fooza customer care number. Once order is placed and restaurant starts preparing your food, you may not edit its contents
We will do our best to accommodate your request if the order is not placed to the restaurant. Please note that we will have a right to charge a cancellation fee up to full order value to compensate our restaurant and delivery partners if your order has been confirmed.
Quantity and quality of the food is the restaurants' responsibility. However in case of issues with the quality or quantity, kindly submit your feedback and we will pass it on to the restaurant.
We have no minimum order value and you can order for any amount.
Delivery fee varies from city to city and is applicable if order value is below a certain amount. Additionally, certain restaurants might have fixed delivery fees. Delivery fee (if any) is specified on the 'Review Order' page.
Standard delivery times vary by the location selected and prevailing conditions
Our delivery hours vary for different locations and depend on availability of supply from restaurant partners.
We will deliver from any restaurant listed on the search results for your location. We recommend enabling your GPS location finder and letting the app auto-detect your location.
We currently do not support this functionality. However, you can place orders for individual items from different restaurants.
In order to provide all customers with a great selection and to ensure on time delivery of your meal, we reserve the right to limit the quantities depending on supply. For bulk and party orders, we have a section of pre-order booking where you can place the order 12 hours ahead of the delivery schedule.
Any major change in delivery address is not possible after you have placed an order with us. However, slight modifications like changing the flat number, street name, landmark etc. are allowed. You can directly call him; else you could contact our customer service team.
Please write to us at help@fooza.in in the event that you want to deactivate your account.
Please check if your app is due for an update. If not, please share the details via help@fooza.in
Please check if your app is due for an update. If not, please share the details via help@fooza.in.
Terms & Legal
This Privacy Policy (“Policy”) describes the policies and procedures on the collection, use, disclosure and protection of your information when you use our website located at Fooza.in, or the Fooza mobile application (collectively, “Fooza Platform”) made available by Fooza Foods Private Limited (“Fooza”, “Company”, “we”, “us” and “our”), a private company established under the laws of India having its registered office at 143 CIT Scheme, Shankar Bose Road, Alipore, Kolkata 700027. The terms “you” and “your” refer to the user of the Fooza Platform. The term “Services” refers to any services offered by Fooza whether on the Fooza Platform or otherwise. Please read this Policy before using the Fooza Platform or submitting any personal information to Fooza. This Policy is a part of and incorporated within, and is to be read along with, the Terms of Use. YOUR CONSENT By using the Fooza Platform and the Services, you agree and consent to the collection, transfer, use, storage, disclosure and sharing of your information as described and collected by us in accordance with this Policy. If you do not agree with the Policy, please do not use or access the Fooza /Platform. POLICY CHANGES We may occasionally update this Policy and such changes will be posted on this page. If we make any significant changes to this Policy we will endeavour to provide you with reasonable notice of such changes, such as via prominent notice on the Swiggy Platform or to your email address on record and where required by applicable law, we will obtain your consent. To the extent permitted under the applicable law, your continued use of our Services after we publish or send a notice about our changes to this Policy shall constitute your consent to the updated Policy. LINKS TO OTHER WEBSITES The Fooza Platform may contain links to other websites. Any personal information about you collected whilst visiting such websites is not governed by this Policy. Fooza shall not be responsible for and has no control over the practices and content of any website access for the links contained on the Fooza Platform. This Policy shall not apply to any information you may disclose to any of our service providers/service personnel which we do not require you to disclose to us or any of our service providers under this Policy. INFORMATION WE COLLECT FROM YOU We will collect and process the following information about you: Information you give us - This includes information submitted when you: Create or update your Fooza account, which may include your name, email, phone number, login name and password, address, payment or banking information, date of birth and profile picture. If you sign in to the Fooza Platform through third-party sign-in services such as Facebook, Google Plus or Gmail or any other social networking or similar site (collectively, “SNS”), an option of which may be provided to you by Fooza at its sole discretion, you will be allowing us to pass through and receive from the SNS your log-in information and other user data; or Provide content to us, which may include reviews, ordering details and history, favourite vendors, special merchant requests, contact information of people you refer to us and other information you provide on the Fooza Platform (“Your Content”). Use our Services, we may collect and store information about you to process your requests and automatically complete forms for future transactions, including (but not limited to) your phone number, address, email, billing information and credit or payment card information. Correspond with Fooza for customer support; Participate in the interactive services offered by the Fooza Platform such as discussion boards, competitions, promotions or surveys, other social media functions or make payments etc., or Enable features that require Fooza access to your address book or calendar; Report problems for troubleshooting. If you sign up to use our Services as a merchant or a delivery partner, we may collect location details, copies of government identification documents and other details (KYC), call and SMS details. Information we collect about you - With regard to each of your visits to the Fooza Platform, we will automatically collect and analyse the following demographic and other information: When you communicate with us (via email, phone, through the Fooza Platform or otherwise), we may maintain a record of your communication; Location information: Depending on the Services that you use, and your app settings or device permissions, we may collect your real time information, or approximate location information as determined through data such as GPS, IP address; Usage and Preference Information: We collect information as to how you interact with our Services, preferences expressed and settings chosen. Fooza Platform includes the Fooza advertising services (“Ad Services”), which may collect user activity and browsing history within the Fooza Platform and across third-party sites and online services, including those sites and services that include our ad pixels (“Pixels”), widgets, plug-ins, buttons, or related services or through the use of cookies. Our Ad Services collect browsing information including without limitation your Internet protocol (IP) address and location, your login information, browser type and version, date and time stamp, user agent, Fooza cookie ID (if applicable), time zone setting, browser plug-in types and versions, operating system and platform, and other information about user activities on the Fooza Platform, as well as on third party sites and services that have embedded our Pixels, widgets, plug-ins, buttons, or related services; Transaction Information: We collect transaction details related to your use of our Services, and information about your activity on the Services, including the full Uniform Resource Locators (URL), the type of Services you requested or provided, comments, domain names, search results selected, number of clicks, information and pages viewed and searched for, the order of those pages, length of your visit to our Services, the date and time you used the Services, amount charged, details regarding application of promotional code, methods used to browse away from the page and any phone number used to call our customer service number and other related transaction details; Device Information: We may collect information about the devices you use to access our Services, including the hardware models, operating systems and versions, software, file names and versions, preferred languages, unique device identifiers, advertising identifiers, serial numbers, device motion information and mobile network information. Analytics companies may use mobile device IDs to track your usage of the Fooza Platform; Stored information and files: Fooza mobile application (Fooza app) may also access metadata and other information associated with other files stored on your mobile device. This may include, for example, photographs, audio and video clips, personal contacts and address book information. If you permit the Fooza app to access the address book on your device, we may collect names and contact information from your address book to facilitate social interactions through our services and for other purposes described in this Policy or at the time of consent or collection. If you permit the Fooza app to access the calendar on your device, we collect calendar information such as event title and description, your response (Yes, No, Maybe), date and time, location and number of attendees. If you are a partner restaurant, merchant or a delivery partner, we will, additionally, record your calls with us made from the device used to provide Services, related call details, SMS details location and address details. Information we receive from other sources – We may receive information about you from third parties, such as other users, partners (including ad partners, analytics providers, search information providers), or our affiliated companies or if you use any of the other websites/apps we operate or the other Services we provide. Users of our Ad Services and other third-parties may share information with us such as the cookie ID, device ID, or demographic or interest data, and information about content viewed or actions taken on a third-party website, online services or apps. For example, users of our Ad Services may also be able to share customer list information (e.g., email or phone number) with us to create customized audience segments for their ad campaigns. When you sign in to Fooza Platform with your SNS account, or otherwise connect to your SNS account with the Services, you consent to our collection, storage, and use, in accordance with this Policy, of the information that you make available to us through the social media interface. This could include, without limitation, any information that you have made public through your social media account, information that the social media service shares with us, or information that is disclosed during the sign-in process. Please see your social media provider’s privacy policy and help centre for more information about how they share information when you choose to connect your account. If you are partner restaurant, merchant or a delivery partner, we may, additionally, receive feedback and rating from other users. COOKIES Our Fooza Platform and third parties with whom we partner, may use cookies, pixel tags, web beacons, mobile device IDs, “flash cookies” and similar files or technologies to collect and store information with respect to your use of the Services and third-party websites. Cookies are small files that are stored on your browser or device by websites, apps, online media and advertisements. We use cookies and similar technologies for purposes such as: Authenticating users; Remembering user preferences and settings; Determining the popularity of content; Delivering and measuring the effectiveness of advertising campaigns; Analysing site traffic and trends, and generally understanding the online behaviours and interests of people who interact with our services. A pixel tag (also called a web beacon or clear GIF) is a tiny graphic with a unique identifier, embedded invisibly on a webpage (or an online ad or email), and is used to count or track things like activity on a webpage or ad impressions or clicks, as well as to access cookies stored on users’ computers. We use pixel tags to measure the popularity of our various pages, features and services. We also may include web beacons in e-mail messages or newsletters to determine whether the message has been opened and for other analytics. To modify your cookie settings, please visit your browser’s settings. By using our Services with your browser settings to accept cookies, you are consenting to our use of cookies in the manner described in this section. We may also allow third parties to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs and other technologies to identify your device when you visit the Fooza Platform and use our Services, as well as when you visit other online sites and services. Please see our Cookie Policy for more information regarding the use of cookies and other technologies described in this section, including regarding your choices relating to such technologies. USES OF YOUR INFORMATION We use the information we collect for following purposes, including: To provide, personalise, maintain and improve our products and services, such as to enable deliveries and other services, enable features to personalise your Fooza account; To carry out our obligations arising from any contracts entered into between you and us and to provide you with the relevant information and services; To administer and enhance the security of our Fooza Platform and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes; To provide you with information about services we consider similar to those that you are already using, or have enquired about, or may interest you. If you are a registered user, we will contact you by electronic means (e-mail or SMS or telephone) with information about these services; To understand our users (what they do on our Services, what features they like, how they use them, etc.), improve the content and features of our Services (such as by personalizing content to your interests), process and complete your transactions, make special offers, provide customer support, process and respond to your queries; To generate and review reports and data about, and to conduct research on, our user base and Service usage patterns; To allow you to participate in interactive features of our Services, if any; or To measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you; If you are a partner restaurant or merchant or delivery partner, to track the progress of delivery or status of the order placed by our customers; We may combine the information that we receive from third parties with the information you give to us and information we collect about you for the purposes set out above. Further, we may anonymize and/or de-identify information collected from you through the Services or via other means, including via the use of third-party web analytic tools. As a result, our use and disclosure of aggregated and/or de-identified information is not restricted by this Policy, and it may be used and disclosed to others without limitation. We analyse the log files of our Fooza Platform that may contain Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring, app crashes, page viewed and exit websites and applications, operating system, date/time stamp, and clickstream data. This helps us to administer the website, to learn about user behaviour on the site, to improve our product and services, and to gather demographic information about our user base as a whole. DISCLOSURE AND DISTRIBUTION OF YOUR INFORMATION We may share your information that we collect for following purposes: With Service Providers: We may share your information with our vendors, consultants, marketing partners, research firms and other service providers or business partners, such as Payment processing companies, to support our business. For example, your information may be shared with outside vendors to send you emails and messages or push notifications to your devices in relation to our Services, to help us analyze and improve the use of our Services, to process and collect payments. We also may use vendors for other projects, such as conducting surveys or organizing sweepstakes for us. With Partner Restaurants/Merchant: While you place a request to order food through the Fooza Platform, your information is provided to us and to the restaurants/merchants with whom you may choose to order. In order to facilitate your online food order processing, we provide your information to that restaurant/merchant in a similar manner as if you had made a food order directly with the restaurant. If you provide a mobile phone number, Fooza may send you text messages regarding the order’s delivery status. With Other Users: If you are a delivery partner, we may share your name, phone number and/or profile picture (if applicable), tracking details with other users to provide them the Services. For Crime Prevention or Investigation: We may share this information with governmental agencies or other companies assisting us, when we are: Obligated under the applicable laws or in good faith to respond to court orders and processes; or Detecting and preventing against actual or potential occurrence of identity theft, fraud, abuse of Services and other illegal acts; Responding to claims that an advertisement, posting or other content violates the intellectual property rights of a third party; Under a duty to disclose or share your personal data in order to enforce our Terms of Use and other agreements, policies or to protect the rights, property, or safety of the Company, our customers, or others, or in the event of a claim or dispute relating to your use of our Services. This includes exchanging information with other companies and organisations for the purposes of fraud detection and credit risk reduction. For Internal Use: We may share your information with any present or future member of our “Group” (as defined below)or affiliates for our internal business purposes The term “Group” means, with respect to any person, any entity that is controlled by such person, or any entity that controls such person, or any entity that is under common control with such person, whether directly or indirectly, or, in the case of a natural person, any Relative (as such term is defined in the Companies Act, 1956 and Companies Act, 2013 to the extent applicable) of such person. With Advertisers and advertising networks: We may work with third parties such as network advertisers to serve advertisements on the Fooza Platform and on third-party websites or other media (e.g., social networking platforms). These third parties may use cookies, JavaScript, web beacons (including clear GIFs), Flash LSOs and other tracking technologies to measure the effectiveness of their ads and to personalize advertising content to you. While you cannot opt out of advertising on the Fooza Platform, you may opt out of much interest-based advertising on third party sites and through third party ad networks (including DoubleClick Ad Exchange, Facebook Audience Network and Google AdSense). For more information, visit www.aboutads.info/choices. Opting out means that you will no longer receive personalized ads by third parties ad networks from which you have opted out, which is based on your browsing information across multiple sites and online services. If you delete cookies or change devices, your opt out may no longer be effective. To fulfil the purpose for which you provide it. We may share your information other than as described in this Policy if we notify you and you consent to the sharing. DATA SECURITY PRECAUTIONS We have in place appropriate technical and security measures to secure the information collected by us. We use vault and tokenization services from third party service providers to protect the sensitive personal information provided by you. The third-party service providers with respect to our vault and tokenization services and our payment gateway and payment processing are compliant with the payment card industry standard (generally referred to as PCI compliant service providers). You are advised not to send your full credit/debit card details through unencrypted electronic platforms. Where we have given you (or where you have chosen) a username and password which enables you to access certain parts of the Fooza Platform, you are responsible for keeping these details confidential. We ask you not to share your password with anyone. Please be aware that the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted through the Fooza Platform. Once we have received your information, we will use strict physical, electronic, and procedural safeguards to try to prevent unauthorised access. OPT-OUT When you sign up for an account, you are opting in to receive emails from Fooza. You can log in to manage your email preferences [here] or you can follow the “unsubscribe” instructions in commercial email messages, but note that you cannot opt out of receiving certain administrative notices, service notices, or legal notices from Fooza. If you wish to withdraw your consent for the use and disclosure of your personal information in the manner provided in this Policy, please write to us at help@fooza.in. Please note that we may take time to process such requests, and your request shall take effect no later than 5 (Five) business days from the receipt of such request, after which we will not use your personal data for any processing unless required by us to comply with our legal obligations. We may not be able offer you any or all Services upon such withdrawal of your consent. GRIEVANCE OFFICER AND SWIGGY PLATFORM SECURITY If you have any queries relating to the processing or usage of information provided by you in connection with this Policy, please email us at help@fooza.in or write to our Grievance Officer at the following address:
Any Capitalized terms used but not defined herein shall have the meaning assigned to them under the Terms of Use which govern your use of our website www.fooza.in (the “Website”) and our ‘Fooza’ application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”. Customer Cancellation As a general rule Buyer shall not be entitled to cancel Order once placed. Buyer may choose to cancel Order only within one-minute of the Order being placed. However, subject to Buyer’s previous cancellation history, Fooza reserves the right to deny any refund to Buyer pursuant to a cancellation initiated by Buyer even if the same is within one-minute followed by suspension of account, as may be necessary in the sole discretion of Fooza. If Buyer cancels his/her Order after one minute of placing it, Fooza shall have a right to collect a penalty of 100% of the Order amount for breach of contract terms as a compensation for the damages suffered by Fooza, with a right to either not to refund the Order value in case Buyer’s Order is prepaid or recover from the Buyer’s subsequent Order in case his/her Order is postpaid, to compensate the Merchants and PDPs. Non-Customer Cancellation Fooza reserves the right to collect a penalty for the Orders constrained to be cancelled by Fooza for reasons not attributable to Fooza, including but not limited to: in the event if the address provided by Buyer is either wrong or falls outside the delivery zone; failure to contact Buyer by phone or email at the time of delivering the Order booking; failure to deliver Buyer Order due to lack of information, direction or authorization from Buyer at the time of delivery; or unavailability of all the items ordered by Buyer at the time of booking the Order; or unavailability of all the items ordered by Buyer at the time of booking the Order. However, in the unlikely event of an item in an Order being unavailable, Fooza will contact the Buyer on the phone number provided to us at the time of placing the Order and inform Buyer of such unavailability. In such an event Buyer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount upto 100% of the Order value. In case of cancellations for the reasons attributable to Fooza or the Merchant or PDP, Fooza shall not collect any penalty from the Buyer. Cancellation policy for Fooza Stores The Orders placed by Buyers using the Platform are non-cancellable and non-refundable except if refund is requested under the following conditions – If the Order could not be delivered within 2 (Two) hours; If the Merchant doesn't accept or cancels the Order due to reasons not attributable to Buyer, including but not limited to store being closed, non-availability of items, store cannot service online orders at that moment, store is overcrowded, etc. If Fooza cancels the Order due to reasons not attributable to Buyer, including but not limited to non-availability of PDP, etc. Fooza reserves the right to look into the cancellation request of the Buyer and determine if such cancelation request falls under the conditions mentioned above. If Fooza is satisfied that the request and same fulfills any of the aforesaid conditions, then Fooza shall process the cancellation request and refund amounts to the Buyer. Refunds Buyer may be entitled to a refund for prepaid Orders. Fooza retains the right to retain the penalty payable by the Buyer in Section I(b) from the amount refundable to him/her. The Buyer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason; Buyer may be entitled to a refund upto 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or Fooza, however such refunds will be assessed on a case to case basis by Fooza. Our decision on refunds shall be final and binding. All refund amounts shall be credited to Buyer’s account as may be stipulated as per the payment mechanism of Buyer’s choice, the estimated timelines are detailed as below, in case Buyer doesn't choose to credit it to Buyer’s wallet with his/her Fooza Account; Process Payment Method Refund Source TAT Order Edit /Cancellation/Compensation/Payment Failure Net Banking Source 5-7 Business Days Debit/Credit Cards Source 4-7 Business Days UPI Source 2-4 Business Days Amazon Pay (Wallet) Source 5 Business Days Amazon Pay (CC/DC/NB) Source 5 Business Days Phone Pe (Wallet) Source 5 Business Days Phone Pe (CC/DC/NB) Source 5 Business Days Wallets-Paytm/Mobikwik/Freecharge Source 1 Hour Lazy Pay Source 1 Hour Sodexo Source 5 Business Days In case of payment at the time of delivery, Buyer will not be required to pay for: Orders where packaging is either tampered or damaged at the time of delivery; Wrong Order being delivered; or Items missing from Buyer’s Order at the time of delivery. Provided the same is communicated to Fooza Customer Care through the Platform before the Order is marked delivered. Specific Terms with respect to Use of Platform for purchase of alcoholic beverages Cancellation: As a general rule the Buyer shall not be entitled to cancel his/her Order once placed. If the Buyer cancels his/her Order, Fooza shall have a right to collect the Buyer 100% of the Order amount as the cancellation fee, with a right to either not to refund the Order value in case the Buyer’s Order is prepaid or recover from the Buyer’s subsequent Order(s) in case Buyer’s Order is postpaid, to compensate the Merchants and PDPs. Non-Customer Cancellation: Fooza reserves the right to collect the Buyer cancellation fee for the Orders constrained to be cancelled by Fooza for reasons not attributable to Fooza or Merchant, including but not limited to: in the event if the address provided by the Buyer is either wrong or falls outside the Fooza’s delivery zone; failure to contact the Buyer by phone or email at the time of delivering the Order; failure to deliver the Buyer’s Order due to lack of information, direction or authorization from the Buyer at the time of delivery; or the Buyer’s failure to provide a valid OTP to the PDP for receiving delivery Refunds: The Buyer may be entitled to a refund for prepaid Orders, post deduction of cancellation fee, if any for reasons mentioned above or in a manner as deemed fit by Fooza in its sole discretion, if refund has been requested due to the following reasons: If the Order could not be delivered within 2 hours; If the Merchant cancels the Order due to reasons not attributable to the Buyer, including but not limited to store being closed, non-availability of items, store not servicing online Orders, overcrowding at store, etc.; If Fooza cancels the Order due to reasons not attributable to the Buyer, including but not limited to non-availability of PDPs, etc. The Buyer may be entitled to refund due to the aforesaid reasons upto 100% of the Order value depending upon the nature of issue. Fooza reserves the right to consider the cancellation and refund request and determine if such cancellation and refund request satisfy any of the aforesaid conditions, in which case Fooza shall process the cancellation request and refund to Buyer. Important Note 1: The Buyer shall verify his/her Order and the products before providing OTP to the PDP and any issue with respect to the product or Buyer’s Order shall be notified immediately, and cancellation request shall be placed before providing OTP to the PDP. Once OTP is provided to the PDP, it shall be deemed that the Buyer has accepted delivery of his/her Order and once he/she has accepted delivery, the Buyer cannot cancel the Order and/or claim refund. Important Note 2: In case of the complaint of any spurious product, the liability shall solely lie with the Merchant selling the product. Fooza is merely facilitating the transactions between the Merchant and the Buyer and therefore, Fooza shall assume no liability with respect to the products sold by the Merchant. Fooza strictly discourages dealing of any spurious product on its Platform and shall reserve the right to report such incidents to the concerned authorities for appropriate legal actions. Important Note 3: No claim for refunds and cancellations will be entertained after 12 hours of placing the order.
This document is an electronic record in terms of 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 www.fooza.in website and Fooza application for mobile and handheld devices. Terms of Use These terms of use (the "Terms of Use") govern your use of our website www.fooza.in (the "Website") and our "Fooza" application for mobile and handheld devices (the "App"). The Website and the App are jointly referred to as the "Platform". 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. By installing, downloading or even merely using the Platform, you shall be contracting with ‘Fooza’ and you signify your acceptance to this Terms of Use and other Fooza policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same. The Platform is owned and operated by Fooza Foods Private Limited, a private limited company incorporated under the Companies Act, 1956 and having its registered office at 143 CIT Scheme, Shankar Bose Road, Alipore, Kolkata 700027. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transaction on the Platform by providing registration data while registering on the Platform as a registered user using any computer systems. The terms "Fooza", "we", "us" or "our" shall mean Fooza Foods Private Limited. Fooza enables transactions on its Platform between participating restaurants/merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders ("Orders") from a variety of products and services listed and offered for sale by various merchants including but not limited to the restaurants, eateries, chefs, cloud kitchens ("Merchant/s"), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”). Fooza enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India ("Delivery Services") by connecting third party service providers i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as "Services". For both Platform Services and Delivery Services, Fooza is merely acting as an intermediary between the Merchants and Buyers and/or PDPs and Buyers/Merchants. PDPs are individual entrepreneurs engaged with Fooza on a voluntary, non-exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors and are free to determine their timings of work. Fooza does not exercise control on the PDPs and the relationship between the PDPs and Fooza is not that of an agent and principal or employee and employer. For the pickup and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time. Amendments These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Fooza policies at any time by posting modified documents on the Platform and notifying you of the same for your perusal. You shall be liable to update yourself of such changes, if any, by accessing the same. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Fooza 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 Fooza policies. As long as you comply with these Terms of Use, Fooza grants you a personal, non-exclusive, non-transferable, limited privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Fooza policies (including but not limited to Cancellation & Refund Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the Platform from time to time. Use of Platform and Services All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price, applicable taxes, shipping costs, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Fooza 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 Merchants. Fooza may, however, offer support services to Merchants in respect to Order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed by Fooza with the Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and Fooza has no role to play in such determination of price in any way whatsoever. Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Merchants/Buyers and PDPs. Fooza shall not be responsible for the services provided by PDP to Merchants/Buyers through the Platform. Fooza may, however, offer support services to PDPs in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by Fooza with the PDPs. Fooza does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. Fooza takes no responsibility for such offers. Fooza neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Fooza accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Fooza does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not limited to pick up and delivery services and Task completion services to the Merchants or Buyers as the case may be. Fooza is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants, and between Merchants/Buyers and PDP on the Platform. Fooza cannot and does not guarantee that the concerned Buyers, Merchants and PDPs will perform any transaction concluded on the Platform. Fooza is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered. Fooza is operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant and/or Buyer and PDP on the Platform come into or take possession of any of the products or services offered by Merchant or PDP. At no time shall Fooza hold any right, title or interest over the products nor shall Fooza have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant and/or Buyer and PDP. Fooza is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Fooza shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint. Similar to the above, Fooza is only providing a platform for communication with PDP and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Merchants/Buyers on the Platform as it is merely facilitating Delivery Services by connecting the Merchants/Buyers with the PDP through the Platform. In case of complaints by the Merchants/Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, Fooza shall notify the same to the PDP and also assist Merchants/Buyers to the best of its abilities to enable satisfactory resolution of the complaint. Please note that there could be risks in dealing with underage persons or people acting under false pretence. Fooza - Use of the Website and Apps (Android and iOS) 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: belongs to another person and which you do not have any right to; is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, slanderous, criminally inciting or invasive of another's privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including but not limited to "indecent representation of women" within the meaning of the Indecent Representation of Women (Prohibition) Act, 1986; is misleading or misrepresentative in any way; is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual; harasses or advocates harassment of another person; involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming"; promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous; 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; promotes an illegal or unauthorized copy of another person's copyrighted work (see "copyright complaint" below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files; contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page); provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone; provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; contains video, photographs, or images of another person (with a minor or an adult); 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; 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, Fooza's prior written consent means a communication coming from Fooza's Legal Department, specifically in response to your request, and expressly addressing and allowing the activity or conduct for which you seek authorization; solicits gambling or engages in any gambling activity which is or could be construed as being illegal; interferes with another user's use and enjoyment of the Platform or any third party's user and enjoyment of similar services; refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use; harm minors in any way; 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; violates any law for the time being in force; deceives or misleads the addressee/users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature; impersonate another person; 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; threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any criminal offence or prevents investigation of any offence or is insulting any other nation; is false, inaccurate or misleading; directly or indirectly, offers, attempts to offer, trades or attempts to trade in any item, the dealing of which is prohibited or restricted in any manner under the provisions of any applicable law, rule, regulation or guideline for the time being in force; or creates liability for us or causes us to lose (in whole or in part) the services of our internet service provider or other suppliers. You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity. 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. 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. You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name or domain name used by us including the name 'Fooza', or otherwise engage in any conduct or action that might tarnish the image or reputation, of Fooza or Merchant on platform or otherwise tarnish or dilute any Fooza's trade or service marks, trade name and/or goodwill associated with such trade or service marks, as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or Fooza's systems or networks, or any systems or networks connected to Fooza. 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. You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. 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 Fooza and/or others. 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, central excise, custom duty, local levies) regarding your use of our service and your listing, purchase, solicitation of offers to purchase, and sale of products or services. 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. 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 information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform. From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner. You shall not engage in advertising to, or solicitation of, other users of the Platform to buy or sell any products or services, including, but not limited to, products or services related to that being displayed on the Platform or related to us. You may not transmit any chain letters or unsolicited commercial or junk email to other users via the Platform. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. You understand that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform) 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 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. We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Fooza shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such Content posted does not necessarily reflect Fooza views. In no event shall Fooza assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all Content which you provide and all information it contains and that such Content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform. 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 or share with others on the Platform. Fooza 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 DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement. Account Registration You may access the Platform by registering to create an account ("Fooza Account") and become a member (" Membership"); or (c) 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); each such account, 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 Fooza Account with Third Party Accounts, by either: providing your Third Party Account login information to us through the Platform; or 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 Fooza 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 Fooza 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 Fooza Account for your use of the Platform services based upon the personal information you provide to us or that we obtain via SNS, as described above. You can only have one Fooza Account and are not permitted to create multiple accounts. Fooza reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. We reserve the right to suspend or terminate your Fooza 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 or other Fooza policies. 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 Fooza Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your Fooza Account. Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties. Order Booking and Financial Terms The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, Fooza will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP. Fooza does not own, sell, resell on its own such products offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Merchants/PDPs. As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed. However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention. In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. Please note that any change or confirmation of the Order shall be treated as final. It is clarified that Fooza reserves the right to not to process Buyer's Order in the event Buyer or Merchant or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable. All payments made against the Orders or 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 Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Fooza 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, Fooza is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price. Buyers acknowledge and agree that Fooza acts as the Merchant's and PDP’s payment agent for the limited purpose of accepting payments from Buyers/Merchants on behalf of the Merchant or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Merchant or PDP, your payment obligation to the Merchant or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Merchant or PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform. Buyer agrees to pay for the total amount for the Order placed on the Platform. Fooza will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or restaurant service for the particular Merchant, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard. In connection with Buyer’s Order, he/she will 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. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above. Buyer hereby authorizes the collection of such amounts by charging the 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 Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using the Platform services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking. The final tax bill will be issued by the Merchant and PDP (if registered for tax purposes) to the Buyer along with the Order and Fooza is merely collecting the payment on behalf of such Merchant and PDP. 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 and PDP. Fooza 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 and the PDP. The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Merchant and are listed based on Merchant's information. Very rarely, prices may change at the time of placing Order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control. Disclaimer: Prices on any product(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel Buyer’s Order(s). The Merchant shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of Fooza. The transactions are bilateral between the Merchant and Buyer, and between Merchant/Buyer and PDP, therefore, Fooza is not liable to charge or deposit any taxes applicable on such transactions. Cancellations and Refunds Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services. Terms of service The Buyer agrees and acknowledges that Fooza shall not be responsible for: The services or goods provided by the Merchants including but not limited to serving of food Orders suiting your requirements and taste; The Merchant's services or goods, or services provided by PDPs not being up to Buyer expectations or leading to any loss, harm or damage to him/her; The availability or unavailability of certain items on the menu; The Merchant serving the incorrect Orders; or Product liability of goods provided by Merchants. The details of the menu and price list available on the Platform with respect to restaurant services, goods or any other services are based on the information provided by the Merchants and Fooza shall not be responsible for any change or cancellation or unavailability. Buyers and Merchants agree and acknowledge that Fooza is not responsible for any liability arising out of delivery services provided by PDP to them. Buyers may not be able to avail Services if their delivery location is outside Fooza’s current scope of Service. Fooza will keep the Buyer informed of the same at the time of confirming his/her Order booking. Buyer understands that delivery time quoted at the time of confirming the Order is an approximate estimate and may vary based on the information obtained from PDPs and Merchants. Fooza will not be responsible for any delay in the delivery of an Order. Buyer understands that there are certain Merchants who undertake delivery of their goods and services to the Buyer and the Merchant may charge the Buyer for such service. Fooza exercises no control on such delivery services and same shall be under the control of Merchant alone and hence all or any disputes arising out of such delivery services shall be between Buyer and Merchant alone. Fooza shall not be responsible for such delivery services and assumes no liability for disputes arising out of the same. Buyer’s Order will be only delivered to the address designated by him/her at the time of placing the Order on the Platform. Buyer’s Order will be cancelled in the event of any change of the address as informed by the PDP and Buyer shall not be entitled to any refund for the same. Delivery of goods and services in the event of change of the delivery location shall be subject to acceptance by the PDP or sole discretion of Fooza. The Buyer shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of no delivery due to any act or omission attributable to Buyer, the goods or services shall be deemed to have been delivered to the Buyer and all risk and responsibility in relation thereto shall pass to the Buyer without being entitled to any refund. The Buyer understands that Fooza’s (including Merchant’s and PDP’s) liability ends once Order has been delivered to him/her, except where the product liability of the Merchant subsists. Services provided: You agree and acknowledge that Fooza shall be liable in the event you have failed to adhere to the Terms of Use. Buyer shall be required to provide credit or debit card details to the approved payment gateways while making the payment on the Platform. In this regard, Buyer agrees to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. Buyer shall not use the credit/ debit card which is not lawfully owned by Buyer, i.e. in any transaction, Buyer must use his/her own credit/ debit card. The information provided by the Buyer will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. Buyer shall be solely responsible for the security and confidentiality of his/her credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card. Fooza does not offer any refunds against goods or services already purchased from a Merchant or PDP through the Platform unless an error that is directly attributable to Fooza has occurred during the purchase of such product or services. 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. Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants and PDPs. No Endorsement We do not endorse any Merchant. 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 other Members. By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions. Specific Terms with respect to Use of Platform for purchase of Pharmaceutical Products Buyer can use the Platform for purchase of various medicines and pharmaceutical products from the pharmacy stores that requires a valid medical prescription issued by a medical expert/ doctor to be provided to a registered pharmacist for the purpose of dispensing such medicines and pharmaceutical products (“Prescription Drugs”), offered for sale on the Platform by the Merchant. In Order to purchase Prescription Drugs from the Merchant through the Platform, Buyer is required to upload a scanned copy of the valid prescription on the Platform. The Order would not be processed by the Merchant until a copy of a valid prescription is uploaded on the Platform, which shall be in turn shared with the Merchant. The Merchant will verify the prescription uploaded by Buyer and in case of the Merchant observes any discrepancy in the prescription uploaded by Buyer, the Merchant may reject the Order. Buyer is also required to make the original prescription available at the time of delivery of the Prescription Drugs. Buyer shall allow the PDP to stamp the original prescription at the time of medicine delivery failing which medicines will not be delivered. Buyer understands and agrees that Fooza’s Platform is merely a technology platform and the medicines and pharmaceutical products are sold by the Merchant. Fooza shall not be held responsible in any manner for any error or omission or act committed on part of the Merchant. Buyer agrees and undertakes that he/she will not repeat the use of prescription for which drugs have already been dispensed. In case a Buyer found repeating the use of prescription, the Order will be cancelled immediately. In any event, Fooza shall not be responsible for any adverse effects or harm caused to Buyer. Buyer agrees and confirms that he/she is completely aware of the indications, side effects, drug interactions, effects of missed doses or overdose of the medicines Buyer Order through the Platform. It is imperative to seek professional advice from Medical practitioner before purchasing or consuming any medicine. The Merchant/Fooza may maintain a record of the prescriptions uploaded by the Buyers. Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services. Specific Terms with respect to Use of Platform for purchase of Cigarettes and Other Tobacco Products Buyer agrees and undertakes that he/she will not use the Platform to purchase cigarettes and other tobacco products if he/she is below the age of 18 years. The PDP may request Buyer to provide a valid age proof at the time of delivery of cigarettes and/other tobacco products, Buyer agrees and undertakes to provide a valid age proof, if requested for verification. If the Buyer is below the age of 18 years the PDP shall cancel the Order. Buyer shall not place Order for loose cigarettes. Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services. Specific Terms with respect to Use of Platform for purchase of alcoholic beverages Eligibility to use the Wine Shop category in the Platform: By accessing the Wine Shop category in the Platform, the Buyer represents that he/she is of legal drinking age in Buyer’s state of domicile and/ or where he/she is accessing the Platform and has not been previously suspended or prohibited from accessing or otherwise availing the Services of the Platform. Mandatory age and Know Your Customer (KYC) verification: The Buyer agrees to undergo and complete mandatory age and KYC verification process to access the Platform. The Buyer undertakes to provide a valid and legible KYC document for the purpose of verification, failing which he/she will not be allowed to access the Platform. The Buyer shall be solely liable as to the veracity of the KYC documents provided by him/her, Fooza undertakes no liability in this regard. Collection of the Buyer’s details and documents for verification will be subject to our Privacy Policy. One Time Password (OTP) at the time of delivery: Once the Order for alcoholic beverages is placed, the Buyer will receive an OTP on his/her registered mobile number which the Buyer should mandatorily provide to the PDP to receive delivery of the Order of alcoholic beverages. If OTP is not provided to the PDP, the Buyer’s Order in this case will be cancelled without any refund, and the products will not be delivered to him/her. The Buyer agrees and undertakes that he/she will not share the OTP with any person below the legal drinking age to collect delivery of his/her Order of alcoholic beverages. Delivery Address: The Buyer agrees and undertakes that he/she will not provide the address of any public place including but not limited to educational institution, hospital, religious places as delivery address for the Order. If the delivery address is found to be the address of a public place, Fooza reserves the right to immediately cancel the Order without being liable to process any refund. Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services. General: 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, 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 Fooza policies, you shall immediately discontinue its use. Fooza reserves the right to terminate your Membership and / or deny access to the platform if it is brought to Fooza '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 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 Fooza 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 Fooza to receive promotional SMS and e-mails from Fooza or allied partners. In case you wish to opt out of receiving promotional SMS or email please send a mail to help@fooza.in 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 submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them. All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available. 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 help@fooza.in 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 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: any part of the Platform or the Platform software; or any equipment or any network on which the Platform is stored or any equipment of any third party You release and fully indemnify Fooza 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, Fooza 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 Services available during Merchant or PDP working 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 Fooza 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 and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation. You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim. 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/ PDP’S SERVICES. FOOZA DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP. 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 including but not limited to user interface, layout format, Order placing process flow and any content thereof. You recognize that Fooza is the registered owner of the word mark ‘Fooza ’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Fooza’s or its affiliates proprietary rights in, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at brandprotect@fooza.in with all relevant information. You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the materials on the Platform for commercial purposes without obtaining a license 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 co