Terms of Use

Last updated on March 2021

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.foodzer.com website and FoodZer application for mobile and handheld devices.

These terms of use (the “Terms of Use”) govern your use of our website www.foodzer.com (the “Website”) and our “FoodZer” 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 FoodZer and you signify your acceptance to this Terms of Use and other FoodZer policies.

Registered Office: FoodZer Media Private Limited, 1ST FLOOR, 225/N, THADATHIL COMPLEX, CENTRAL JUNCTION, THIRURKKAD, MALAPPURAM, KERALA, 679321, India.

Platform Services & Delivery Services

FoodZer 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”). Buyers can choose and place Orders from a variety of products and services listed by various merchants (“Merchant/s”) on the Platform.

FoodZer enables delivery of such Orders or completion of Tasks at select localities across India (“Delivery Services”) by connecting third-party pick-up and delivery partners (“PDP”). PDPs are independent individual entrepreneurs engaged on a voluntary, principal-to-principal basis. FoodZer acts merely as an intermediary between Merchants, Buyers, and PDPs.

Amendments

These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other FoodZer policies at any time by posting modified documents on the Platform. You shall be responsible for regularly reviewing the Terms of Use. Your continued usage of the Services after any change constitutes your acceptance of the amended Terms of Use.

Use of Platform and Contractual Terms

All commercial and contractual terms (including price, taxes, shipping, payment, warranties, after-sales services) are offered by and agreed to between Buyers and Merchants alone. FoodZer does not determine or control merchant pricing or menu items.

Upon acceptance of an Order or Task by a PDP, the delivery services constitute a separate contract between Merchants/Buyers and the PDP. FoodZer is not responsible for non-performance or breach of bipartite contracts.

FoodZer operates as an online marketplace facilitator and does not take legal title or possession of products or services at any point.

Rules of Conduct & Platform Guidelines

When using the FoodZer Platform, you agree and undertake that you shall not host, upload, modify, publish, or share any information that:

Belongs to another person without authorization;

Is grossly harmful, harassing, defamatory, obscene, pornographic, libellous, invasive of privacy, or unlawful;

Is misleading or patently offensive to the online community;

Infringes upon any third party's intellectual property or privacy rights;

Contains software viruses, trojans, worms, or malicious code designed to disrupt computer resources;

Uses any deep-link, robot, spider, or automated scraping tool to copy or monitor any portion of the Platform;

Attempts to gain unauthorized access to server infrastructure or test vulnerability of Platform networks;

Tarnishes the brand name, reputation, or trademarks of FoodZer or participating Merchants.

Account Registration & Security

You may register for a FoodZer Account directly or through linked Social Networking Services (SNS). You are limited to maintaining one FoodZer Account. You agree to provide accurate, current, and complete information during registration. You are solely responsible for safeguarding your password and maintaining confidentiality of your account activities.

Order Booking & Financial Terms

All payments on the Platform must be made in Indian Rupees (INR) via Credit/Debit Cards, Net Banking, UPI, Wallets, or Cash on Delivery (COD).

FoodZer acts as a payment collection agent on behalf of Merchants and PDPs. Once your payment is successfully remitted to FoodZer, your payment obligation to the Merchant/PDP is fulfilled.

Final tax invoices are issued by the Merchant and PDP (if registered for tax purposes). Merchants solely determine product prices and handling charges.

Cancellations & Refund Policy

Customer Cancellation:

As a general rule, Buyers are not entitled to cancel an Order once placed. FoodZer reserves the right to collect a cancellation penalty up to 100% of the Order amount for breach of contract terms.

FoodZer / Non-Customer Cancellation:

If an Order is cancelled due to item unavailability at the Merchant, FoodZer will notify the Buyer and the Buyer will be entitled to a 100% refund without penalty.

Refund Timelines:

Refunds for eligible prepaid orders are credited back to the customer's bank/card account within 5–7 business days, or credited within 1 hour if transferred to the FoodZer Wallet.

FoodZer Genie & Prohibited Items

For pick-up, drop-off, or concierge Task services, users agree not to request transportation of restricted, illegal, or hazardous items including (but not limited to):

Strictly Prohibited Items:Illegal substances, narcotics, firearms, ammunition, explosives, radioactive or flammable materials, currency, gold/silver bullion, precious jewelry, cashier's checks, passports, credit/debit cards, live animals, human remains/samples, and contraband. Maximum weight limit is 12 kg and dimensions 14x14 inches.

Governing Law & Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of India. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts at Malappuram, Kerala, India.

FoodZer Contact DetailsFoodZer Media Private Limited
1ST FLOOR, 225/N, THADATHIL COMPLEX, CENTRAL JUNCTION, THIRURKKAD, MALAPPURAM, KERALA, 679321
Customer Support Email: info.foodzer@gmail.com | Helpline: +91 999 510 66 61