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1 Eligibility

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

2 Compliance of Law

Both the User and Npai must be in compliance with all laws and regulations in the country in which they live while accessing and using the Service. The User must agree to use the Services only in compliance with terms & conditions, applicable law, and in a manner that does not violate legal rights or those of any third party/parties.

3 Legal Implications of Online Food Ordering

Npai shall state in its Agreement that it provides online food ordering services by entering into contractual arrangements with Restaurants on a principal-to-principal basis for the purpose of listing their food and beverages for online ordering by the Users on Npai App ("Restaurant Partners"). Users can access the list of food and beverages of the Restaurant Partners listed on Npai app and place orders against the Restaurant Partners through Food Delivery Platform which the Restaurant Partner may or may not accept at its absolute discretion.

4 Terms of Service of Npai

  1. Npai shall make it clear that it is not either a manufacturer or a seller or distributor of food or beverages but only places an order against the partner restaurant on behalf of the User customer pursuant to the aforesaid contract and facilitate the sale and purchase of food and beverages between the two, under the contract for sale and purchase of food and beverages.
  2. Npai shall not be liable for any actions or omissions by the Restaurant Partners including deficiency in service, wrong delivery or order, quality of food, time taken to prepare or deliver the order, etc.
  3. Npai must state that the liability of any violation of the Food Safety and Standards Act, 2006 and applicable rules and regulations made thereunder shall solely be towards the seller/owners, vendors, Restaurant Partners, importer or manufacturers of the food products.
  4. Npai must provide a disclaimer in respect of some food that may be suitable for certain ages only. It must be the responsibility of Users to check the food they are ordering and read its description, if provided, before placing an order on Npai. Npai shall not be liable in the event food ordered by User does not meet User's dietary or any other requirements and/or restrictions.
  5. The acceptance by a Delivery Partner of undertaking delivery of User's order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislation, between the User and the Delivery Partner, to which Npai is not a party.
  6. Npai must clarify that it does not provide any delivery or logistics services and only enables the delivery of food and beverages ordered by the Users through Npai by connecting User with Delivery Partners or the Restaurant Partners, as the case may be.
  7. Npai must state that it will use reasonable efforts to inform the User of the Delivery Charges that may apply to the User, provided the User will be responsible for Delivery Charges incurred for User's order regardless of User's awareness of such Delivery Charges.
  8. Npai shall reserve its right that at any time and without prior notice, Npai can remove, block, or disable access to any Content, for any reason or no reason, considered to be objectionable, in violation of the terms and conditions of this Agreement or otherwise harmful to the Services.
  9. Intellectual & Proprietary Rights: The Npai shall declare in the form of a clause its ownership of Npai's content and Proprietary Rights in detail — every user must agree to protect Npai's IPR and proprietary rights.
  10. Use of License: Npai shall grant User a personal, limited, non-exclusive, and non-transferrable license to access and use the Services only as expressly permitted as per the terms and conditions of the Agreement. The user shall agree not to use the services for any illegal purpose or in any manner inconsistent with the terms and conditions of this Agreement.
  11. Review and Ratings: The review or ratings for a restaurant by Users do not reflect the opinion of Npai. Every review or rating posted on Npai is the personal view of the User.
  12. On-Time Delivery: The User may opt for on-time delivery services offered by Npai. Such services will be offered on a best effort basis — delivery may be delayed for unforeseen reasons beyond the control of Npai, including natural disaster, rains, local shutdown, etc.
  13. Price List: Npai shall take care to keep all prices listed correct at the time of publication. The final price charged to the User may change at the time of delivery. In the event of a conflict between prices on Npai and the price charged by the Restaurant, the price charged by the Restaurant shall be deemed the correct price except for the Delivery Charge of Npai.
  14. Delivery periods/Pickup time quoted at the time of ordering are approximate only and may vary depending upon the situation. When the User opts for Pickup at the time of placing the Order, Npai shall not be liable in any manner in this regard.
  15. Personal Promo Code/offers/memberships can be used by the User subject to such terms and conditions set forth by the Npai from time to time.

5 Terms of Use for Customer

  1. The User shall request to order food and beverages from a Restaurant Partner by clicking on 'Place Order' tab on the Restaurant Partner page on Npai — this constitutes an unconditional and irrevocable authorization issued in favor of Npai to place online orders for food and beverages against the Restaurant Partners on User's behalf.

    An order, once placed by Npai and accepted by a Restaurant Partner constitutes a separate contract of sale of goods under the Sale of Goods Act, 1930 and the Consumer Protection Act, 2019 between the Restaurant Partner and the User, to which Npai shall not be a party.
  2. The User must warrant that while placing an order the details like contact number, delivery address, etc. are accurate and correct. By providing these details, the User expresses acceptance of Npai's terms and conditions and privacy policies.
  3. The User shall not resell food purchased via Npai.
  4. The User shall be charged a delivery fee for delivery of the order by the Delivery Partner or Restaurant Partner ("Delivery Charges"). The User must agree that Npai is authorized to collect, on behalf of the Delivery Partner or Restaurant Partner, the applicable delivery charges. The Delivery Charges may vary from order to order and may be determined on multiple factors such as order value, demand during peak hours, and distance.

6 Cancellation of Order

  • The User must acknowledge that any cancellation or attempted or purported cancellation of an Order shall amount to a breach of User's unconditional and irrevocable authorization in favour of Npai to place that Order against the Restaurant Partners on User's behalf ("Authorization Breach").
  • In the event the User commits an Authorization Breach, the User shall be liable to pay the liquidated damages of an amount equivalent to the Order Value. The User must undertake to authorize Npai to deduct or collect the amount payable as liquidating damages through such means as Npai may determine in its discretion.
  • Npai shall not facilitate replacements/refunds/or any other resolution without Restaurant's Partner permission. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to the User in the form of credits, the refund amount will reflect in User's account based on respective bank policies.

7 Account Registration on the Platform

  1. One shall have access to the Platform by registering to create an account on Npai and become a member; or shall be able to register by logging into their account with certain third-party social networking sites ("SNS"), including Facebook; each such account, a "Third Party Account".
  2. The Membership is limited for the purpose and is subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, one shall be able to link their FDP Account with Third-Party Accounts.
  3. The user shall represent that they are entitled to disclose their Third Party Account login information to Npai and/or grant the FDP access to their Third-Party Account, without breach of any of the terms and conditions that govern use of the applicable Third-Party Account.
  4. By granting Npai access to any Third Party Accounts, the Food Delivery Platform shall be able to access, make available and store (if applicable) any content or information that the user shall provide and store in their Third-Party Account.
  5. Every user shall have access to only one FDP account and shall not be permitted to create multiple accounts. On finding multiple accounts of any user, the FDP reserves the right to suspend such multiple accounts without being liable for any compensation.
  6. Every user shall provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete.
  7. The FDP shall reserve the right to suspend or terminate your Food Delivery Platform Account and your access to the Services in the event: (a) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (b) if it is believed that a user's actions may cause legal liability; or (c) if the user is found to be non-compliant with the Terms of Use.
  8. Every user shall be responsible for safeguarding their password. The user shall not disclose their password to any third party and it will be their sole responsibility for any activities or actions under their FDP Account, whether or not they have authorized such activities or actions.

8 Payments & Refunds

The user shall be entitled to a refund only if they pre-paid for their order at the time of placing the order on Npai and only in the event of any of the following circumstances:

  1. The order packaging has been tampered or damaged at the time of delivery.
  2. The user cancels the order due to: (a) the delivery location falling outside our designated delivery zones; (b) failure to contact them by phone or email at the time of confirming the order booking; or (d) where the user cancels the order at the time of confirmation due to unavailability of the items ordered at the time of booking.
  3. The decision on refunds shall be at the sole discretion of Npai and shall be final and binding.
  4. All refund amounts shall be credited to your account within 3–4 business days in accordance with the terms that may be stipulated by the bank which has issued the credit/debit card.

9 Other Terms & Conditions

  1. Statutory Compliances by Restaurant Partners: The User acknowledges that Npai bears no responsibility for the compliance with statutory rules, regulations, and licenses by the Restaurant Partners. The User agrees that Npai shall not be liable in any manner if the User is unable to avail the offer(s) with a Restaurant Partner due to Restaurant Partner's violation of any statutory rule, regulation, and license.
  2. Limitation of Liability: Npai shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Restaurant Partners or for the member's experience at the Restaurant Partners. Npai will only take care of claims/liabilities arising out of offers/membership plans advertised by Food Delivery Platform solely.
  3. Assignment: Npai may assign its rights and obligations under these terms and conditions to any of its affiliates or any third party at any time.
  4. Disclaimer of Warranties: The User must acknowledge and agree that the Services are provided "as is" and "as available" and that the use of the Services shall be at the risk of the User. To the fullest extent permitted by applicable law, Npai disclaims warranties, express or implied, in connection with the Services including mobile apps and the User's use of them.
  5. Limitation of Liability: In no event shall the FDP Parties be liable to the User for indirect, incidental, special, punitive, exemplary or consequential damages whatsoever, including but not limited to any loss of profit, loss of goodwill or business reputation, loss of data, or cost of procurement of substitute goods or services.
  6. Indemnification: The User agrees to indemnify, defend, and hold harmless the Food Delivery Platform Parties from and against any third-party claims, damages, actions, proceedings, demands, losses, liabilities, costs, and expenses arising as a result of or in connection with the User's Content, unauthorized use of the Services, or any violation of the rights of another party.
  7. Account Termination: The User can delete their account at any time by contacting the FDP via the contact us link. The Food Delivery Platform may terminate User's use of the Services and deny access in FDP's sole discretion for any reason, including violation of terms and conditions of this Agreement.
  8. Addendum: The Food Delivery Platform is at liberty to vary or amend or change or update the terms and conditions from time to time entirely at its own discretion. The User shall be responsible for checking the terms and conditions from time to time, and continued use shall constitute express acceptance of any amended/changed terms.
  9. Other Terms: Interpretation, Waiver, Entire Agreement, Severability, Partnership/Agency, Governing Law, Jurisdiction, and Dispute Resolution shall form part of this Agreement.