Terms and Conditions
Section 1: Introduction
We are Falhari, a brand of Feastic Services Private Limited, whose registered address is Flat 603 Tower A Tarika Apartments Sector 43 Gurgaon - 122002 Haryana - INDIA. We are an online tech-food platform and we engage third-party delivery companies to deliver the food prepared in our kitchens to customers.
Section 2: Definitions
2.1. "you", "your" and "yours" are references to you the person accessing Website and placing your order through the Website or through any other channel provided by Falhari;
2.2. "we", "us", "our", and "Falhari" are references to the Company;
2.3. "Delivery Partner" is the company which shall deliver the food related items as per the terms and conditions agreed upon by the company with the Delivery Partner vide separate agreement.
2.4. "Food Delivery" means the delivery of the food items to the address/location specified at the time of placing the order;
Section 3: Ordering
3.1. You warrant that the credit or debit card details that you provide are of/ for your own credit or debit card and that you have sufficient funds to make the payment.
3.2. Food items ordered through this Website are intended for your personal use only and you warrant that any Food purchased by you is not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
3.3. Any order that you place through us is subject to product availability, delivery capacity and acceptance by us. The fact that you receive a confirmation does not necessarily mean that either we or the delivery partner will be able to fulfill your order.
Section 4: Prices and Payment
4.1. All prices listed on the Website are correct at the time of publication. While we give great care to keep them up to date, the final price charged to you can be changed without any prior intimation.
4.3. Full payment must be made for all Food dispatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card.
4.4. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, you will be redirected to the web page of the payment gateway selected by you. Falhari is not responsible for the security of the online transaction after you are redirected to the payment gateway's web page. Your credit card company may also conduct security checks to confirm it is you placing the order.
Section 5: Delivery
5.1. Delivery periods quoted at the time of ordering are approximate only and may vary according to the situation. Item will be delivered to the address designated by you at the time of ordering.
5.2. All deliveries are done by our delivery partners. Timely delivery and delivery boy's behavior and actions are the sole responsibility of the delivery partner and you expressly agree not to file any compliant against Falhari for any inappropriate action made by the person delivering the item.
5.3. If the food is not delivered within the estimated delivery time quoted by us, please contact Falhari directly by telephone or email and we will try to ensure that you receive your order as quickly as possible.
5.4. If you fail to accept delivery of Food at the selected time of delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such food shall be deemed to have been delivered to you and all risk and responsibility in relation to such food shall pass to you.
Section 6: Cancellation
6.1. As a subscriber to our service, if you wish to skip the service on any of day, you must inform us at-least 2 hours before your chosen delivery slot begins.
6.2. For anytime/ad-hoc orders, you must notify us immediately if you decide to cancel your order.
Refund for online paid orders will be processed if cancellation request is received by us at least one hour before your chosen delivery time. No amount shall be refunded for orders which are cancelled within one hour of the chosen delivery time.
6.3. In the unlikely event that we get a wrong item delivered to you, you have the right to reject the delivery of the wrong item and you shall be entitled for full refund.
Section 7: Complaints
We take complaints very seriously and our aim is to respond to your complaints within 5 business days. All complaints must be addressed to email@example.com.
Section 8: Limitation of Liability
8.2. You agree that Company's entire liability, and your exclusive remedy, with respect to any service(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such service(s). Company shall not be liable for any direct, indirect, incidental,special or consequential damages resulting from the use or inability to use any of its services or for the cost of procurement of substitute services.
8.3. We disclaim any and all liability to you for the supply of the Food Delivery, Food and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Food or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
8.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
8.5. We shall not be held liable for any failure or delay in performing Services or delivering Food where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
8.6. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
8.7. In the event, Falhari has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Falhari may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Falhari reserves the right to seek compensation from any and all violators.
8.8. Offers are subject to Falhari's discretion and may be withdrawn at any time and without notice.
Section 9: General
9.1. Payment must be made either at the time of ordering the Food Delivery, Food or Services through us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
9.2 Upon receiving your order we carry out a standard authorization check on your payment card to ensure there are sufficient funds to fulfill the transaction. Your card will be debited upon authorization being received. The monies received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been dispatched and you have been sent a confirmation the monies paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation.
9.4. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
9.5. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
9.6. These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
9.7 We are providing healthy nutritious clean fruits to the customers in compliance with our stated motto passing through various quality check-ups and therefore we are responsible for the cleaning of the cut fruits but we don’t entertain any claim for the uncut fruits as such fruits cannot be subject to any interior quality check-ups. So, to remain customer friendly we will follow every possible measure from our side to keep such things at away. Therefore we caution you to keep some alertness while consuming non-cut fruits like Apricot, peach, Jamun, litchi etc. For your good health, we make no compromise with quality.
Section 10: Copyrights & Trademarks
The trademarks, names, logos and service marks (collectively "trademarks") displayed on this website are registered and unregistered trademarks of the website owner. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of the website owner. The written content displayed on this website is owned by its respective author and may not be reproduced in whole, or in part, without the express written permission of the author.
Section 11: Modification
Company reserves the right to revise the terms and conditions of this Agreement at any time. Any such revision will be binding and effective immediately upon posting of the revised Agreement on our website. Your continued use of our site constitutes agreement to any revision of the terms and conditions of this Agreement.
Section 12: Force Majeure
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or manmade eventuality outside of our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
Section 13: Disclaimer of Liability
The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. Unless expressly stated to the contrary to the fullest extent permitted by law fresh and delivery partners, content providers, and advertisers hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and shall not be liable for any damages whatsoever, including but without limitation to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, damage to goodwill or reputation, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, performance or failures of this Website or the Linked Sites and any materials posted thereon, irrespective of whether such damages were foreseeable or arise in contract, tort, equity, restitution, by statute, at common law or otherwise. This does not affect Falhari's liability for death or personal injury arising from its negligence, fraudulent misrepresentation, misrepresentation as to a fundamental matter or any other liability which cannot be excluded or limited under applicable law. Disclaimer as to ownership of trade marks, images of personalities and third party copyright Except where expressly stated to the contrary all persons (including their names and images), third party trademarks and content, services and/or locations featured on this Website are in no way associated, linked or affiliated with Falhari and you should not rely on the existence of such a connection or affiliation. Any trade marks/names featured on this Website are owned by the respective trademark owners. Where a trade mark or brand name is referred to it is used solely to describe or identify the products and services and is in no way an assertion that such products or services are endorsed by or connected to Falhari.
Section 14: Linking to this Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. This Website must not be framed on any other site, nor may you create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice.
Section 15: Indemnity
You agree to indemnify, defend and hold harmless Falhari, its directors, officers, employees, consultants, agents, and affiliates, from any and all third party claims, liability, damages and/or costs (including, but not limited to, legal fees) arising from your use this Website or your breach of the Terms of Service.
Section 16: Invalidity
If any part of the Terms of Service is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of the Terms of Service will not be affected all other clauses remaining in full force and effect. So far as possible where any clause/sub-clause or part of a clause/sub-clause can be severed to render the remaining part valid, the clause shall be interpreted accordingly. Alternatively, you agree that the clause shall be rectified and interpreted in such a way that closely resembles the original meaning of the clause /sub-clause as is permitted by law.
Section 17: Waiver
Prejudice to other remedy, if you breach these conditions and we may take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
Section 18: Entire Agreement
By creation of your login, you have irrevocably and unconditionally agrees to abide by the Terms of Service. The above Terms of Service constitute the entire agreement of the parties and supersede any and all preceding and contemporaneous agreements between you and Falhari. Any waiver of any provision of the Terms of Service will be effective only if in writing and signed by a Director / Authorized Representative of Falhari.