Lucknow, Uttar Pradesh, India

      Lucknow, Uttar Pradesh, India

        Terms and Conditions - FoodNEST(S)

        Terms and Conditions FoodNEST(S) 

         

        Introduction

         

        Welcome to FoodNEST(S). These Terms and Conditions ("Terms") govern your use of our website, www.foodnests.com (the "Website"), and our FoodNEST(S) instances of applications for mobile and handheld devices (the "App"), collectively referred to as the "Platform". By accessing or using the Platform, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Platform. These Terms of Service (the "Terms") are designed to inform you of your legal rights and responsibilities regarding your access to and use of the FoodNEST(S) website at www.foodnests.com (the "Website") and any associated mobile or software applications (collectively referred to as the "FoodNEST(S) Platform"). This includes, but is not limited to, the delivery of information via the website, whether currently existing or in the future, that links to these Terms (collectively, the "Services").

        You shan't 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 means.

        You shan't 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/visitor to Platform, or any other User, 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 may not use the Platform or its content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any activity that infringes the rights of FoodNEST(S) 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 shan't 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.

        Please read these Terms carefully. By accessing or using the FoodNEST(S) Platform, you are agreeing to these Terms and are entering into a legally binding contract with FoodNEST(S) Limited (formerly known as FoodNEST(S) Private Limited and FoodNEST(S) Media Private Limited) and/or its affiliates (collectively referred to as "FoodNEST(S)"). You are prohibited from using the Services if you do not accept these Terms or are unable to be bound by them. Your use of the FoodNEST(S) Platform is at your own risk, including the potential exposure to content that may be objectionable or otherwise inappropriate.

        In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

        1.By doing so, you acknowledge and agree that FoodNEST(S) will consider your use of the Services as acceptance of these Terms from that point forward: or

        2.This option is made available to you by FoodNEST(S) in the user interface for any specific Service.

         

        Terms of Use

        These Terms of Use govern your use of the FoodNEST(S) website and mobile app ("Platform"), including Cancellation & Refund Policy, Privacy Policy, and Take Down Policy. By using the Platform, you agree to these terms. FoodNEST(S) facilitates transactions between merchants and customers for food, consumer goods, and services. Orders can be placed and tasks managed through the Platform. Delivery services are provided by third-party service providers ("PDPs"). PDPs operate independently under a service fee based on factors like distance and demand. FoodNEST(S) acts solely as an intermediary between merchants, customers, and PDPs, maintaining a non-employment relationship with PDPs.

         

        Access to Platform and Services

        FoodNEST(S) operates as an intermediary marketplace facilitating transactions between customers, vendors, and delivery partners (collectively referred to as "Parties"). All commercial and contractual terms, including without limitation pricing, applicable taxes, shipping costs, and delivery details, are exclusively negotiated and agreed upon between the respective customers and vendors without any intervention or influence from FoodNEST(S). FoodNEST(S) does not possess, handle, or hold any title to the goods or services listed on its platform and disclaims any responsibility or liability for the quality, legality, merchantability, or performance of said goods or services. Any contract for the sale or delivery of goods or services is entered into solely between the customers and vendors, or between customers and delivery partners, with FoodNEST(S) not being a party to such agreements. While FoodNEST(S) may facilitate communication regarding complaints or disputes by notifying the relevant party, it does not assume any liability for delays, non-performance, or damages arising from transactions conducted through its platform. FoodNEST(S) merely acts as a facilitator, and all responsibilities and obligations concerning the transactions rest with the respective Parties directly involved.



         

        Amendments

        These Terms of Use for FoodNEST(S) may be modified at any time by updating the documents on our platform. You are responsible for reviewing these updates regularly. Although we may notify you of changes, it is your obligation to stay informed by accessing the updated Terms of Use and policies. Your continued use of FoodNEST(S) signifies acceptance of any amendments. As long as you comply with these Terms, FoodNEST(S) grants you a personal, non-exclusive, non-transferable, limited right to access and use the platform. By agreeing to these Terms, you also accept the associated policies, including but not limited to the Cancellation & Refund Policy and Privacy Policy, which may be updated periodically. FoodNEST(S) reserves the right to suspend or discontinue any products or services without prior notice and may modify the platform's content at any time.These Terms of Use (the "Terms of Use") govern your use at our website www.foodnests.com (the "Website") and our "FoodNEST(S)" 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 are advised not to use the services on the Platform,

         

        For Customers

        "Customer," "You," or "Your" refers to users of FoodNEST(S) who share, host, or upload information, including those managing 'restaurant business pages'. "Content" includes reviews, images, videos, and all data shared through the services."Your Content" or "Customer Content" encompasses materials like ratings, reviews, and profile information publicly displayed on FoodNEST(S)."FoodNEST(S) Content" comprises visual interfaces, graphics, software, ratings, and usage data provided by FoodNEST(S), excluding Your Content and Third Party Content."Third Party Content" originates from entities like Restaurant Partners and is available on FoodNEST(S).This clarifies the roles and types of content involved in using FoodNEST(S) services.Only individuals aged 18 and above can use FoodNEST(S). Minors must have parental/guardian consent. FoodNEST(S) reserves the right to terminate accounts of users under 18. Users agree to use the services in compliance with these terms and applicable laws, respecting the rights of others. You are responsible for ensuring that your use of the Platform complies with all applicable laws and regulations.

         

        User Account

        We will create your FoodNEST(S) Account based on the personal information you provide.You may only have one account and cannot create multiple accounts. FoodNEST(S)   reserves the right to suspend multiple accounts without compensation. Keep your login information confidential. You are responsible for all actions under your FoodNEST(S) Account and must notify us immediately of any unauthorized use..  You can access FoodNEST(S) by creating a membership ("FoodNEST(S) Account '') or linking via third-party social networking sites ("SNS") like Facebook. Membership is  non-transferable and subject to FoodNEST(S) Policies. You may link your FoodNEST(S)  Account with SNS by providing login info or allowing access as per SNS terms. By granting access, you allow us to access and store SNS Content on the Platform. SNS Content  remains your own. Depending on SNS settings, personally identifiable information may be visible on your FoodNEST(S) Account. If SNS access is terminated, associated content 

        may no longer be available on the Platform.We reserve the right to disable your FoodNEST(S) account, user ID, or password if you fail  to comply with these Terms of Use.

         

        Order Processing

        • By placing an order through the Platform, you agree to purchase the products specified in  your order at the prices indicated.  The Platform enables Customers to place Orders. Once  accepted by Merchants, FoodNEST(S) facilitates delivery of goods, services, or completion of Tasks through PDPs, subject to specified terms and conditions.All orders are subject to availability and acceptance by the respective restaurants or foodproviders.FoodNEST(S) reserves the right to cancel or refuse any order at its discretion, including for reasons such as unavailability of items, inaccuracies in pricing, or suspected fraud.
        • FoodNEST(S) does not own or sell products offered by vendors, nor does it control their services. Customers understand that Orders are subject to these Terms of Use, including product availability, delivery serviceability, and vendor/PDP acceptance.Orders placed on The Platform is generally confirmed. After booking, FoodNEST(S) may contact customers via provided phone numbers to confirm Order details, pricing, and estimated delivery times. 
        • Customers must ensure accuracy of shared information.Additionally, FoodNEST(S) may   contact customers via phone or email to confirm changes in Orders due to availability, unavailability, or price changes as informed by vendors. Customer acknowledges that any change or confirmation of the Order is final.FoodNEST(S) reserves the right not to process Orders if unable to reach the customer, vendor, or PDP via phone or other means, with applicable Cancellation and Refund Policy provisions.
        • FoodNEST(S) is not liable for any actions or omissions by our restaurant partners,   including issues with service quality, delivery accuracy, food quality, pricing, quantity, or  delivery time. The responsibility for any warranties, guarantees, and compliance with food safety laws lie solely with the restaurant partners, vendors, or manufacturers. Customers  should verify age suitability and dietary requirements for food items before ordering, as   FoodNEST(S) is not responsible for any mismatched dietary needs or restrictions..

         

         Pricing and Payment

        •  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. You understand, accept and agree that the payment facility provided by FoodNEST(S) 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, FoodNEST(S) is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
        • Users acknowledge and agree that FoodNEST(S) acts as the Kitchen's and PDP’s payment agent for the limited purpose of accepting payments from Users/Vendoron behalf of the Kitchen or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Kitchen or PDP, your payment obligation to the Kitchen or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Kitchen or PDP. You shan't, under any circumstances whatsoever, make any payment directly to the Kitchen for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform.
        • User agrees to pay for the total amount for the Order placed on the Platform. FoodNEST(S) 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 kitchen service for the particular Kitchen, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to User by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
        • In connection with the User'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. User agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described above. User hereby authorizes the collection of such amounts by charging the credit/debit 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 User 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 Kitchen and PDP (if registered for tax purposes) to the User along with the Order and FoodNEST(S) is merely collecting the payment on behalf of such Kitchen 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 Kitchen and PDP. FoodNEST(S) 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 Kitchen and the PDP.

        The prices reflected on the Platform, including packaging or handling charges, are determined by us and Kitchen and are listed based on the Kitchen's information. Very rarely, prices may change at the time of placing an Order due to Kitchen changing the menu price without due intimation and such change of price are at the sole discretion of the Kitchen 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 Kitchen be incorrectly reflected and in such an event Kitchen may cancel the User's Order(s).

         

        Delivery

        Estimated delivery times provided on the Platform are for guidance only and may vary depending on the location and other factors. FoodNEST(S) is not responsible for any delays or failures in delivery due to reasons beyond our control, including but not limited to adverse weather conditions, traffic delays, or acts of God.Certain restaurant partners on FoodNEST(S) offer an On-Time Guarantee service. This service leverages our technology platform to allocate suitable delivery partners and prioritize these orders to minimize delivery delays. If, despite these efforts, your order fails to reach you on or before the promised On-Time Guarantee Time, you may be eligible to claim a coupon worth up to 100% of your order value. To qualify for this coupon, you must submit your claim within 24 hours of receiving your order, and the coupon will remain valid for 3 days from the date of issuance. However, there are certain conditions under which you may not be eligible to receive the coupon, such as unforeseen delays (like strikes or natural disasters), changes or cancellations made to the order, or actions taken to intentionally delay delivery. Food Deliveries are estimated from 45 mins to 8 hours depending on the category of food ordered.



         

        Cancellation and Refunds

         

        Authorization and Cancellations: Orders may be canceled within a specified time frame, as indicated on the Platform.  If you wish to cancel an order, please follow the cancellation instructions provided on the Platform. If you cancel an order or provide incorrect details resulting in non-delivery, it constitutes a breach of your authorization to FoodNEST(S) to place orders on your behalf. You may be liable to pay liquidated damages equal to the order value, which FoodNEST(S) may collect through various means, including deducting it from future payments.

        Order Acceptance and Cancellation: FoodNEST(S) reserves the right to reject or cancel orders due to technical issues, item unavailability, or reasons beyond its control. No cancellation charges apply in such cases. If payment has been processed and a refund is due, it will be promptly reversed.

        Resolution and Refunds: Refunds or replacements require the approval of the Restaurant Partner/Store. Complaints regarding food quality, incorrect orders, or other issues must be supported with evidence for resolution.

        Non-Compliance with Instructions: FoodNEST(S) does its best to follow customer instructions with orders. Refunds will not be issued if instructions are not followed exactly as intended.

        Refund Process: All refunds will follow the original payment method, unless otherwise specified or credited to your account as per bank policies. Refunds for canceled orders will be processed in accordance with our Cancellation & Refund  Policy. Refunds may take a upto 5 business days to reflect in your account, depending on your payment method.If payment was made, the eligible refund amount will be reversed to you.No replacements, refunds, or other resolutions will be provided without the permission of the restaurant partner or store.


         

        User Conduct

         

        Relevance of Content: Contributions on FoodNEST(S) must remain relevant and appropriate. Accounts posting irrelevant, inappropriate, or promotional content, reviews with false identities, or repetitive reviews that spam restaurants may be removed without prior notice. If a review has been moderated or removed, reposting a similar review may also result in removal, even if it complies with content guidelines.

        Maintaining Clean Content: All user content must refrain from foul language, threats, hate speech, or derogatory remarks based on protected characteristics such as race, gender, or religion. FoodNEST(S) reserves the right to delete any such content promptly upon identification.

        Freshness of Reviews: Users are permitted one review per dining experience or online order transaction per restaurant. Reviews older than six months may be deleted to ensure the relevance and accuracy of information on the platform. Users can update or edit their reviews based on subsequent visits.

        Accuracy and Authenticity: Reviews must be based on factual experiences and personal visits. Reviews found to be misleading, based on hearsay, or not reflecting genuine experiences may be removed. Reviews indicating no personal experience with the restaurant will also be subject to removal.

        Review Integrity: FoodNEST(S) prohibits the solicitation of benefits in exchange for reviews, including monetary incentives, free meals, or other inducements. Reviews should not be influenced by any form of compensation or benefit, and fraudulent reviews will be deleted.

        Disclosure Requirements: Users must disclose any affiliations or associations that could influence their review, such as receiving a complimentary meal or having a personal relationship with restaurant staff or owners. Transparency in disclosures enhances the credibility of reviews.

        Profile Integrity: User profiles on FoodNEST(S) should accurately represent the individual. Inappropriate usernames, bios, or profile images may result in account removal. Users are encouraged to maintain a respectful and genuine online presence.

        dMisrepresentation and Influencer Programs: Users are prohibited from misrepresenting themselves as official FoodNEST(S) bloggers or using their status for personal gain, such as soliciting benefits in exchange for reviews. FoodNEST(S) may restrict review activities for participants in its influencer programs to maintain impartiality.

        Prohibition of Bullying and Threats: You agree to use the Platform in a lawful and respectful manner, without infringing the rights of others or disrupting the operation of the Platform Threatening behavior, blackmail attempts, or any form of harassment against restaurants or their associates is strictly prohibited on FoodNEST(S). Such actions may result in immediate account deletion and legal consequences as per applicable laws.

        We cannot guarantee or ensure that other users will comply with these terms or any other provisions of these Terms of Use. Therefore, you acknowledge and accept all risks of harm or injury resulting from any lack of compliance by other users.

         

        You acknowledge that when you access a link that directs you away from the FoodNEST(S) Platform, you are entering a site that is not under our control, and different terms of use and privacy policies may apply. By accessing links to other sites, you acknowledge that FoodNEST(S) is not responsible for those sites. We reserve the right to disable links to and from third-party sites on the Platform, although we are not obligated to do so.

         

        Compliance with Terms: Users must adhere to all terms and conditions set forth by FoodNEST(S), including those related to its products and services like FoodNEST(S) Pro, Online Ordering, as well as local laws and regulations.You must not use the Platform for any illegal or unauthorized purpose, including but not limited to hacking, spamming, or distributing malicious software Violations may lead to content moderation or deletion to comply with legal requirements.

         

        Intellectual Property

        All content, trademarks, and intellectual property on the Platform are owned by or licensed to FoodNEST(S) and are protected by applicable laws.  

        You may not copy, reproduce, distribute, or create derivative works from any content on the Platform without prior written consent from FoodNEST(S).

         

         Limitation of Liability

        FoodNEST(S) provides the Platform on an "as is" and "as available" basis. We make no warranties or representations, express or implied, regarding the quality, accuracy, or availability of the Platform.  

        To the fullest extent permitted by law, FoodNEST(S) shall not be liable for any indirect, incidental, or consequential damages arising from your use of the Platform.

         

        11. Governing Law

        11.1. These Terms shall be governed by and construed in accordance with the laws of [Jurisdiction].  

        11.2. Any disputes arising from or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts in [Jurisdiction].

         

        User Provided Information to us

        FoodNEST(S) collects various types of information to enhance and personalize your experience. This includes your account details (name, email, password, profile picture, and optional third-party sign-in information), preferences (such as language and time zone), and content (reviews, photos, and reservation details). We also gather data on your searches, browsing activities, and interactions within our platform, including communications with other users or vendors, and participation in surveys or promotions. Transactional information, such as billing and payment details, is securely processed and may be shared with third-party service providers for fulfillment purposes. Publicly shared content (ratings, reviews, comments, etc.) is posted at your own risk, as we cannot fully control its dissemination or prevent unauthorized access. This information helps us improve our services, provide relevant ads, offer support, and comply with legal obligations. Always exercise caution when sharing sensitive information publicly.When you invite friends to join FoodNEST(S), we use their contact information solely to process your invitation request. For messages exchanged through our platform, we store them to ensure delivery, allow you to manage them, and investigate any potential violations of our Terms of Service. If you send information from FoodNEST(S) to your mobile device via SMS, we log details such as your phone number, carrier, and the message's date and time. Please note that carriers may charge for received texts.

        Automated Data Collection By Us

        FoodNEST(S) automatically gathers information about the devices you use to access our services, such as computers, smartphones, or tablets. This includes details like how you use our website or app, where you're located, and what type of internet connection you're using. We also look at things like the operating system your device uses and its unique identification number.

        When you use our app, we might access details about other files stored on your device, like photos or contacts. If you enable location services, we can track your device's GPS to offer features that are specific to your location, like showing nearby restaurants.To improve your experience, we use technologies like cookies and pixel tags. These help us remember your preferences, show you relevant ads, and understand how you use our services. You can change your cookie settings in your web browser, but turning off cookies might affect how well our website works for you.We might also get information about you from other companies, like social media platforms, and combine it with what we already know. Any data that doesn't identify you personally might be used for various purposes, like analytics or research.

        By using FoodNEST(S), you're agreeing to let us collect and use this information to make our services better for you.

         

         

         

        For Vendor/Restaurant Partners

        Accurate Representation: FoodNEST(S) endeavors to maintain accurate information on our platform. We kindly request Restaurant Partners to promptly notify us of any changes needed to their listing. Timely updates are crucial, as inaccurate information can inconvenience customers and affect their satisfaction with our services. Please ensure that changes in operating hours or other details are promptly communicated to FoodNEST(S) to avoid any inconvenience to customers or operational issues.Restaurant Partners must accurately represent their menu items, prices, availability, and any additional charges (e.g., packaging, handling) on the FoodNEST(S) platform. Any discrepancies between the listed and actual prices or offerings should be promptly corrected and communicated to FoodNEST(S).

        FoodNEST(S) mandates that Vendor partners ensure all information provided to the platform is current and accurate. This includes, but is not limited to, the Vendor name, address, contact telephone number, email, manager/contact person details, delivery times, operating hours, menu(s), price lists, taxes, menu item categorization, service addresses, and any other pertinent details.

        Vendor partners must ensure that all necessary information regarding taxes, levies, and charges applicable to Orders is clearly displayed to customers on their invoices, in compliance with relevant laws. This applies to all supplies other than Restaurant Services. For clarity, in the case of Restaurant Services, FoodNEST(S) will generate the tax invoice on behalf of the Vendor partner in accordance with applicable GST laws and will be responsible for remitting the tax to the appropriate tax authorities.

        Vendor partners must ensure that they are the sole authors, owners, or otherwise have control over all content and material provided to FoodNEST(S), including but not limited to the Vendor’s name, establishment name, logo, menu items, images of food and beverages/menu items, and any other related content ("Content"). The Vendor guarantees that such Content is original or has been lawfully licensed from the rights holder, and that its use does not violate or infringe upon the rights of any third party or breach any applicable laws. This Content must be submitted to FoodNEST(S) either through the platform or by other means.

        Timely Fulfillment: The Vendor Partner is obligated to process and execute all orders received via the FoodNEST(S) platform with utmost promptness and efficiency. The Vendor Partner must ensure timely preparation, packaging, and dispatch of orders to meet delivery timelines and uphold the service standards set forth by FoodNEST(S).

        Restaurant Partners are contractually obligated to fulfill orders placed through FoodNEST(S) within the agreed-upon time frames. Timely order fulfillment is crucial to ensure a positive customer experience and maintain operational efficiency. Delays or failures to fulfill orders can significantly impact customer satisfaction and disrupt service reliability. In cases where Restaurant Partners consistently fail to meet these obligations, FoodNEST(S) reserves the right to impose penalties or sanctions. These penalties may include financial fines,temporary suspension of services, or even termination of partnership agreements, depending on the severity and frequency of the infractions.

        The Vendor Partner acknowledges and agrees that if the customer’s experience is negatively impacted due to actions or omissions by the Vendor Partner, such as frequent rejection of orders or other service deficiencies, FoodNEST(S) reserves the right to take appropriate actions in accordance with its policies. These policies may be updated periodically to maintain quality and service standards. 

        It is essential for Restaurant Partners to prioritize order fulfillment and adhere to the service standards outlined by FoodNEST(S) to uphold the platform's reputation for reliability and customer satisfaction. By fulfilling orders promptly and consistently, Restaurant Partners contribute to a positive ecosystem that benefits both their business and the overall service quality provided by FoodNEST(S).FoodNEST(S) requires that Vendor partners do not discriminate when fulfilling orders received through the platform. Vendors must not provide preferential treatment to customers ordering independently (i.e., customers ordering directly from the Vendor).

        The restaurant partner must ensure that orders are ready when the delivery partner arrives for pickup. If the restaurant partner fails to hand over the order within the indicated kitchen preparation time, they will be liable for any issues and costs related to delayed delivery, including reimbursing the customer.

        The restaurant partner agrees not to independently contact customers and request payments exceeding the agreed amount made by the customer at the time of placing the order through the platform

        The Vendor Partner shall promptly inform FoodNEST(S) of any changes or modifications to an order that are made directly by the customer with the Vendor Partner.

        In the event that an order cannot be processed as requested or if there is a need to clarify any details post-confirmation, the Restaurant Partner shall promptly contact the Customer to resolve the issue or obtain the necessary information to ensure the order is accurately fulfilled.

        The Restaurant Partner must promptly remove any menu items that are unavailable from the listed options on the FoodNEST(S) platform to ensure accurate and up-to-date menu offerings.

        The Vendor Partner is required to deactivate the “Accepting Delivery” feature on the FoodNEST(S) platform whenever it is unable to provide services to the customers. This ensures that customers are not misled or inconvenienced by the unavailability of services.

        Quality Standards: Restaurant Partners must maintain high standards of food quality, preparation, and presentation consistent with local health and safety regulations. Any complaints regarding food quality or safety must be addressed promptly and resolved in accordance with FoodNEST(S)'s complaint resolution procedures.The Vendor Partner shall ensure that all food products provided through FoodNEST(S) meet stringent quality standards and are fit for human consumption.

        FoodNEST(S) may suspend a Vendor's account if the Vendor is found to be non-compliant with the Food Safety and Standards Act, 2006, and any rules, regulations, licenses, standards, and guidelines issued under it from time to time.

        Compliance with Laws: Restaurant Partners must comply with all applicable laws, regulations, and licensing requirements related to food preparation, sale, and delivery in their operating jurisdictions. This includes adherence to hygiene standards, food handling practices, and licensing for alcoholic beverages where applicable.

        Restaurant partners acknowledge and agree that they must provide copies of their PAN card, TAN, GSTIN, FSSAI license, and any other details required by law or for service provision, as requested by FoodNEST(S) periodically. Failure to do so may result in FoodNEST(S) reserving the right to delist the restaurant partner from the platform and/or restrict its access.

        The restaurant partner agrees to comply with laws banning single-use plastic. They must not use single-use plastic for packing orders or provide single-use plastic cutlery. FoodNEST(S) may cancel orders packed with single-use plastic. Any associated costs or fines will be deducted from the restaurant partner's payments.

        The restaurant partner agrees not to engage in any fraudulent activity or misuse any benefits provided by FoodNEST(S) to customers. The restaurant partner will be liable to FoodNEST(S) if any fraudulent activity by the restaurant partner comes to FoodNEST(S)'s attention.

        The restaurant partner acknowledges that having similar item names and images in the menu of multiple restaurant listings operating from the same location may confuse customers and disrupt their platform experience. FoodNEST(S) will notify the restaurant partner with a written notice of 15 days if such violations are found. If the restaurant partner fails to rectify the listings within this period, FoodNEST(S) reserves the right to take necessary action, including removing duplicate listings from the platform, in accordance with its policies and terms."

        Misuse of User Data

        Restaurant Partners must handle customer information collected through FoodNEST(S) with strict confidentiality and in compliance with data protection laws. They should not misuse or disclose customer data for any unauthorized purposes.

        Except as required for order fulfillment, the restaurant partner agrees not to use customer data for sending unsolicited marketing messages or announcements.

        Customer Service: Restaurant Partners are expected to provide courteous and responsive customer service to users of FoodNEST(S). This includes timely responses to inquiries, complaints, and feedback received through the platform.

        FoodNEST(S) requires restaurant partners to promptly address and resolve all customer complaints forwarded by FoodNEST(S) concerning the efficiency, quality, or any other issues related to restaurant services, adhering to timelines prescribed by relevant authorities like the Ministry of Consumer Affairs. Additionally, restaurant partners are solely responsible and obligated to take appropriate actions on customer complaints regarding orders placed through the platform. This commitment ensures that customer concerns are handled promptly and effectively, maintaining service standards and customer satisfaction on FoodNEST(S).

        Cancellation and Refund Policies: The Vendor Partner acknowledges and agrees that if it accepts an order cancellation request initiated by a customer through the FoodNEST(S) platform, the Vendor Partner will not be entitled to receive any payment or order value for the canceled order.

        Intellectual Property: Restaurant Partners must respect intellectual property rights, including trademarks and copyrights, when uploading content (such as logos, images, and descriptions) to FoodNEST(S). They should obtain necessary permissions or licenses for any third-party content used.

        Advertising and Promotions: Any promotions, discounts, or special offers advertised by Restaurant Partners on FoodNEST(S) must be accurate, valid, and compliant with local advertising regulations. Misleading or deceptive advertising practices are prohibited.Certainly! Here's the information provided in a paragraph format:

        FoodNEST(S) explicitly disclaims any responsibility or liability to customers for the quality of restaurant services advertised on its platform, the processing of orders, the delivery of orders (unless FoodNEST(S) provides logistics services), or any misconduct or illegal activities of delivery partners. The restaurant partner acknowledges and agrees that it assumes sole responsibility and liability to customers for ensuring the quality of restaurant services listed and advertised on the platform, processing orders accurately, and ensuring timely delivery of orders placed through the platform, unless FoodNEST(S) provides logistics services. This clear delineation of responsibilities aims to ensure transparency and accountability in the services provided to customers by both FoodNEST(S) and its restaurant partners.

         

        Termination of Agreement: FoodNEST(S) reserves the right to terminate the agreement with Restaurant Partners in case of repeated violations of these rules, failure to meet service standards, or breach of contractual obligations. Such termination may result in removal from the platform and legal recourse as necessary.


         

         

         

         For Delivery Partners 

         

         Introduction

        These terms and policies outline the responsibilities, rights, and expectations for delivery partners of FoodNEST(S) Technologies OPC Pvt. Ltd. ("Company").  

        This document is an electronic record in accordance with the Information Technology Act, 2000 and relevant regulations, generated by a computer system without requiring physical or digital signatures. By clicking "I ACCEPT," you agree to be bound by these Delivery Partner Terms and Conditions (T&C) for using the FoodNEST(S) DP Platform to receive orders and deliver food and beverages to customers. Please read and understand all these T&C before using the FoodNEST(S) DP Platform. If you do not accept any of the T&C, do not use the platform or services provided. Your agreement to these T&C constitutes a binding contract between you and FoodNEST(S) regarding the use of the platform.

        Your engagement with FoodNEST(S) to use the platform is subject to your acceptance of these T&C. FoodNEST(S) reserves the right to change, modify, add, or remove these T&C at any time without prior notice. It is your responsibility to check periodically for changes. Continued use of the platform signifies your acceptance of any changes. As long as you comply with these T&C, FoodNEST(S) grants you a personal, non-exclusive, non-transferable, limited privilege to use the platform.

        These Delivery Partner T&C, together with the Agreement, form the complete understanding between the Parties. By accepting these Delivery Partner T&C, you acknowledge and agree to comply with the Delivery Partner T&C and policies that FoodNEST(S) makes applicable to you.

        Unless defined herein, terms used in these Delivery Partner T&C shall have the meanings attributed to them in the Agreement.

         

        OBLIGATIONS OF FoodNEST(S)

        FoodNEST(S) shall endeavor to take reasonable and financially prudent measures to ensure a sufficient flow of orders from Users to the Delivery Partner.

        All Delivery Partner Information obtained shall be kept confidential and used only in accordance with these Delivery Partner T&C and the Agreement. This includes, but is not limited to, personal details, vehicle information, and any other data provided by the Delivery Partner for the purpose of facilitating Delivery Services.

        FoodNEST(S) will make every reasonable effort to ensure that the FoodNEST(S) DP Platform is operational at all times. However, FoodNEST(S) shall not be held liable for any technical issues, glitches, or necessary updates that may prevent a Delivery Partner from logging into the FoodNEST(S) DP Platform or receiving orders. This disclaimer includes periods of scheduled maintenance or unforeseen outages that might affect the availability and functionality of the platform.

        FoodNEST(S) shall endeavor to take reasonable and financially prudent measures to ensure a sufficient flow of orders from Users to the Delivery Partner.All Delivery Partner Information obtained shall be kept confidential and used only in accordance with these Delivery Partner T&C and the Agreement. This includes, but is not limited to, personal details, vehicle information, and any other data provided by the Delivery Partner for the purpose of facilitating Delivery Services.

        FoodNEST(S) may gather information from Delivery Partners when they agree to these Terms and Conditions or at any time thereafter to confirm the Delivery Partner's identity. FoodNEST(S) retains the right to store, process, access, and use this information for a variety of business-related purposes. These purposes include, but are not limited to, conducting background checks, verification, marketing, enhancing services, development, analytics, and research. All such activities will be carried out in compliance with applicable laws. The Delivery Partner expressly agrees to the collection and utilization of their information for these purposes.

        Subject to applicable laws, FoodNEST(S) may disclose Delivery Partner Information or information pertaining to Delivery Partner Services to a third party, governmental agency, or judicial body in the event of a complaint, dispute, or conflict. This includes any incidents involving a Delivery Partner and an end-consumer or another third party.

        FoodNEST(S) does not guarantee that you will always be able to use the FoodNEST(S) DP Platform or provide Delivery Services at all times or locations within the FoodNEST(S) DP Platform. Additionally, FoodNEST(S) does not assure that the FoodNEST(S) DP Platform and the Platform Services will be free of interruptions or errors, or that any defects will be promptly corrected. The Platform Services, FoodNEST(S) DP Platform, devices, outputs generated, and all other technology developed by FoodNEST(S) are provided to you on an "AS IS" and "AS AVAILABLE" basis. FoodNEST(S) explicitly disclaims all warranties, express, implied, or statutory, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, completeness, or any warranties arising from the course of performance or dealings.

        Eligibility and Onboarding

        The Delivery Partner acknowledges that upon accepting an order,the Delivery Services provided constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislation, between the Delivery Partner and the User, to which FoodNEST(S) is not a party.Subject to these Delivery Partner T&C and the Agreement, the Delivery Partner agrees to be available on the FoodNEST(S) DP Platform to provide Delivery Services when requested by a User and to perform these services to the best of their abilities.

        The Delivery Partner acknowledges that upon accepting an order, the Delivery Services provided constitute a separate contract for services under the Consumer Protection Act, 2019 or any successor legislation, between the Delivery Partner and the User, to which FoodNEST(S) is not a party.

        The Delivery Partner affirms their ability to enter into this Agreement under the provisions of the Indian Contract Act, 1872, and confirms that they are at least 18 years of age as of the Effective Date.Delivery partners must undergo and pass mandatory background checks and identity verification. 

        Delivery partners must use vehicles that meet the Company’s standards, including insurance and registration.  Subject to these Delivery Partner T&C and the Agreement, the Delivery Partner agrees to be available on the FoodNEST(S) DP Platform to provide Delivery Services when requested by a User and to perform these services to the best of their abilities.

        The Delivery Partner must create a login ID on the FoodNEST(S) DP Platform to provide Delivery Services. The Delivery Partner acknowledges that login details, such as username and password, are confidential and shall not be shared with any third party without written approval from FoodNEST(S).

        By logging into the FoodNEST(S) DP Platform, the Delivery Partner agrees to be tracked via GPS-enabled technology, allowing FoodNEST(S) to share this information with Users in real-time to update the status of Delivery Services. The Delivery Partner acknowledges that logging into the FoodNEST(S) DP Platform signifies their intention to accept Users' orders for providing the specified Delivery Services.

        The Delivery Partner will have continuous access to the FoodNEST(S) DP Platform, except during technical issues or platform updates. Once logged in, the Delivery Partner must remain available to connect with Users, receive orders, and perform Delivery Services accordingly.

        The Delivery Partner is required to use their personal vehicle ("Delivery Partner Vehicle") for providing Delivery Services. FoodNEST(S) will not provide any vehicle under any circumstances.The Delivery Partner must ensure that the Delivery Partner Vehicle is well-maintained and in good condition to prevent any delays in providing Delivery Services.All expenses associated with maintaining, operating, and using the Delivery Partner Vehicle shall be the sole responsibility of the Delivery Partner, unless otherwise agreed upon by FoodNEST(S).

        The Delivery Partner must possess a valid driving license and, if required by applicable law, a valid registration number for their Delivery Partner Vehicle throughout the term of these Delivery Partner T&C. Copies of the driving license, registration certificate, and any other required documents must be provided to FoodNEST(S) before commencing Delivery Services or as requested by FoodNEST(S).The Delivery Partner is required to maintain valid and adequate insurance coverage for their Delivery Partner Vehicle throughout the term of these Delivery Partner T&C. A copy of the insurance policy must be provided to FoodNEST(S). The Delivery Partner acknowledges that all premium payments for the insurance policy are their responsibility, and FoodNEST(S) shall not be liable for any insurance payments under any circumstances.

        The Delivery Partner has not been found guilty by any court in India or elsewhere of any crimes, including those involving moral wrongdoing. Additionally, the Delivery Partner is not involved in any ongoing legal proceedings that could significantly impact their responsibilities under these Delivery Partner Terms and Conditions.

        Delivery partners must complete all required training programs provided by the Company.

        Roles and Responsibilities

        The Delivery Partner makes themselves available to perform Delivery Services whenever a request is placed by a User through the FoodNEST(S) DP Platform.

        The Delivery Partner agrees to make every effort to promptly and efficiently collect orders from Restaurant Partners and deliver them to Users.Delivery partners must adhere to delivery timeframes and schedules as provided by the Company.  

        Under no circumstances shall the Delivery Partner tamper with, damage, open, or manipulate any food and beverage orders of Users, unless specifically permitted. If FoodNEST(S) incurs any loss due to the Delivery Partner tampering with or damaging the packaging of food and beverage orders, FoodNEST(S) reserves the right to recover any such loss from payments owed to the Delivery Partner under the Agreement or these Delivery Partner T&C. This right ensures that FoodNEST(S) maintains the integrity and quality of orders delivered through its platform, protecting both Users and the company from any potential harm or inconvenience caused by tampering or damage to orders.

        Delivery partners must exhibit professional and courteous behavior with customers.  

        Delivery partners must ensure the accuracy of orders before delivery.

        Delivery partners must use the Company’s delivery app or platform as instructed.  Any equipment or tools provided by the Company must be used and maintained appropriately.  Delivery partners are responsible for maintaining Company-provided equipment in good condition.

        Delivery partners must follow guidelines for personal safety during deliveries.  Delivery partners must follow procedures for emergencies or accidents as provided by the Company.  Delivery partners must promptly report any incidents or issues encountered during deliveries to the Company.

        Delivery partners must handle and protect customer data according to the Company’s data protection policies.  Delivery partners must maintain the confidentiality of Company operations and data

         

        Compensation and Payment

        4.1 Delivery partners will be compensated based on a per-delivery or hourly rate as determined by the Company.  

        4.2 Delivery partners may be eligible for performance-based incentives or bonuses.  

        4.3 Payments will be made on a weekly or bi-weekly basis via methods determined by the Company.

        The Delivery Partner is not entitled to claim reimbursement for hospitalization or medical bills incurred by themselves or their family members due to unfortunate accidents or severe illness while rendering Delivery Services or during the term of the Agreement and these Delivery Partner T&C with FoodNEST(S).

        Delivery partners will be evaluated based on criteria such as punctuality and customer feedback.  

        Delivery partners will receive and address feedback from customers and the Company. 

         

        Conduct and Compliance

        The Delivery Partner agrees and commits to adhering to all relevant laws at all times while performing delivery services and accessing the FoodNEST(S) DP Platform.

        Delivery partners must adhere to the Company’s professional standards and behavior guidelines. During the course of providing Delivery Services, the Delivery Partner must uphold honesty, discipline, and adhere to all policies and instructions of FoodNEST(S), whether presently in force or adopted in the future, including safety protocols and driving regulations. The Delivery Partner is also required to comply with all applicable laws, including provisions of the Motor Vehicles Act, 1988 and its corresponding rules.

        The Delivery Partner shall refrain from committing any fraudulent activities while performing Delivery Services or engaging in any act or omission to gain unfair advantage. The Delivery Partner acknowledges that if FoodNEST(S) believes they have engaged in such conduct during Delivery Services, FoodNEST(S) reserves the right, in its sole discretion, to take the following actions:

        (a) Temporarily suspend the Delivery Partner from using the FoodNEST(S) DP Platform for a period deemed appropriate.

        (b) Deduct any undue gains obtained through fraudulent orders from the payout, including incentives, and/or from the Security Deposit, if applicable.

        FoodNEST(S) may also withhold payouts and incentives if the Delivery Partner fails to meet service parameter guidelines prescribed by FoodNEST(S) from time to time. This right extends to ensuring the integrity and compliance of Delivery Services provided under the FoodNEST(S) platform.

        The welcome kit provided by FoodNEST(S) must be used responsibly to avoid any destruction or damage to its contents. Upon receiving an order to provide Delivery Services after logging into the FoodNEST(S) DP Platform, the Delivery Partner must act ethically and perform their role to the best of their abilities, ensuring timely pick-up and delivery. If there are any delays due to traffic, the Delivery Partner must promptly inform the Restaurant Partner and the User, following their instructions.

        The Delivery Partner is responsible for maintaining the welcome kit in good condition at all times and must return it to FoodNEST(S) immediately upon termination of these Delivery Partner T&C. If the welcome kit is not returned in an acceptable condition or not returned at all, FoodNEST(S) reserves the right to deduct the value of the welcome kit from any Security Deposit (if applicable) or from payments owed to the Delivery Partner under the Agreement or these Delivery Partner T&C. This ensures that FoodNEST(S) can recover costs associated with any loss or damage to its assets.

        Delivery partners must comply with any specific attire or branding requirements.While logged into the FoodNEST(S) DP Platform, the Delivery Partner must strictly refrain from engaging in any illegal activities or actions that contravene applicable laws. This includes but is not limited to:

        1. Adhering to all local, state, and national laws governing the operation of vehicles and delivery services.

        2. Following FoodNEST(S)'s policies and guidelines regarding ethical conduct, safety standards, and customer service.

        3. Ensuring compliance with regulations related to food handling, hygiene, and any other relevant laws applicable to the delivery of food and beverages.

        Failure to comply with these requirements may result in immediate termination of services and may also subject the Delivery Partner to legal action as per the provisions of the law. This ensures that FoodNEST(S) maintains a high standard of service and legal compliance throughout its operations.

        The Delivery Partner is an independent business contractor, and these Delivery Partner Terms and Conditions establish a direct contractual relationship. This agreement does not establish a partnership, joint venture, employment, agency, franchise, sales representative, or any other form of vicarious or absolute liability relationship between the parties. It is explicitly stated that neither party shall be held liable for the actions or omissions of the other party in any capacity. It is clearly understood and agreed that these Delivery Partner Terms and Conditions do not constitute an employer-employee relationship between FoodNEST(S) and the Delivery Partner. The Delivery Partner acknowledges that they have no entitlement to claim permanent employment or employment benefits under any statutes or local laws.

         

        INTELLECTUAL PROPERTY RIGHTS

         

        The parties agree that all Intellectual Property Rights shall be solely owned, possessed, and controlled by FoodNEST(S), and the Delivery Partner is authorized to use these rights solely in relation to the Delivery Services provided under these Delivery Partner Terms and Conditions as explicitly permitted by FoodNEST(S). It is clarified that no license or rights are granted to the Delivery Partner, either implicitly or otherwise, in FoodNEST(S)'s Intellectual Property Rights under these terms.

        However, should the Delivery Partner use the Intellectual Property Rights to license, sublicense, create derivative works, or otherwise use them not in connection with the Delivery Services as specified in these terms, it will constitute a breach of these Delivery Partner Terms and Conditions. FoodNEST(S) reserves the right to pursue legal action against the Delivery Partner to recover damages and losses incurred or likely to be incurred as a result. 

        Indemnification and Restriction of Liability

        • In no circumstances shall FoodNEST(S) be held liable for any losses arising from or related to these Delivery Partner Terms and Conditions and the Agreement, arising from any claim by the Delivery Partner against FoodNEST(S) under contract, tort, or otherwise, if such losses could have been mitigated by the Delivery Partner using reasonable efforts. Furthermore, FoodNEST(S) shall not be liable to the Delivery Partner under contract, tort, or otherwise for indirect, special, incidental, exemplary, punitive, or consequential damages of any kind, even if advised of the possibility of such damages. Regardless of any conflicting provisions elsewhere in the Agreement, FoodNEST(S)'s total cumulative liability to the Delivery Partner or any other person, arising under contract, tort, or otherwise, shall not exceed INR 10,000 (Indian Rupees Ten Thousand only).
        • You agree to indemnify and hold harmless FoodNEST(S), its affiliates, successors, agents, assigns, and each of their directors, officers, employees, associates, agents, and representatives, or any third party, from and against any losses, damages, liabilities, claims, costs, penalties, and expenses (including reasonable attorneys’ fees) incurred due to:

        (i) Your breach or alleged breach of your obligations, duties, responsibilities, representations, or warranties under the Delivery Partner Terms and Conditions and the Agreement;

        (ii) Violation of FoodNEST(S)'s policies;

        (iii) Any act or omission that harms or may harm FoodNEST(S)'s reputation and goodwill;

        (iv) Claims of intellectual property infringement by your use of Intellectual Property Rights not permitted under the Agreement and these Delivery Partner Terms and Conditions;

        (v) Misconduct, unauthorized access, or misuse of User data on the FoodNEST(S) DP Platform, or transfer of such data to any third party, or unauthorized disclosure or use of FoodNEST(S)'s Confidential Information;

        (vi) Theft, fraud, negligence, or misconduct by you;

        (vii) Damage to Restaurant Partner's or User's property or assets;

        (viii) Misbehavior towards Restaurant Partners, Users, FoodNEST(S)'s employees, or tampering with food and beverage packaging during delivery services.

        • You are responsible for identifying and protecting FoodNEST(S) from all damages, losses, costs, and expenses incurred as a result of any complaint from Users and/or Restaurant Partners regarding any errors or deficiencies in the Delivery Services.
        • FoodNEST(S) shall not be held responsible or liable for any loss or damage incurred by the Delivery Partner arising from the use of Platform Services provided by FoodNEST(S) directly or indirectly, for any reason whatsoever. This includes, but is not limited to, damage or loss caused to the Delivery Partner due to a Restaurant Partner's or User's non-compliance, such as incorrect voice instructions, malfunction, partial or total failure of any network terminal, data processing system, computer tele-transmission, or telecommunications system, or other circumstances whether or not within FoodNEST(S)'s control or the control of any involved party or organization. Furthermore, FoodNEST(S) is not liable for any direct or indirect loss or damage suffered by the Delivery Partner due to a User's failure to appear within a specified time, even if agreed upon by FoodNEST(S) or if the User has notified FoodNEST(S) of the possibility of not arriving on time.
        • In addition to FoodNEST(S)'s indemnification rights under these Delivery Partner Terms and Conditions, FoodNEST(S) reserves the right to pursue any other remedies available under applicable law for breach of contract, especially where timeliness is crucial.
        • The Delivery Partner assumes full responsibility for any accidents or incidents involving their vehicle while performing Delivery Services. FoodNEST(S) shall not be held accountable for such accidents or incidents involving the Delivery Partner.FoodNEST(S) retains the right to offset any debts the Delivery Partner owes to FoodNEST(S) against any obligations FoodNEST(S) owes to the Delivery Partner, in addition to any other remedies available under the contract, including the Agreement and these Delivery Partner Terms and Conditions, or provided by law or equity. This may be done without notifying the Delivery Partner beforehand and applies regardless of whether the liability is current or future, specific or potential, and irrespective of whether it arises under the Agreement or these Delivery Partner Terms and Conditions.


         

        TERMINATION

        FoodNEST(S) reserves the right to terminate these Delivery Partner Terms and Conditions and/or the Agreement and revoke the Delivery Partner's access to the FoodNEST(S) DP Platform at any time, for any reason. The date on which the Delivery Partner’s access to the FoodNEST(S) DP Platform is deliberately blocked by FoodNEST(S) shall be deemed the Termination Date of these Delivery Partner Terms and Conditions and the Agreement.

        FoodNEST(S) reserves the right to terminate the partnership under conditions outlined in the termination policy. Any violation of the terms set forth in these Delivery Partner Terms and Conditions or the Agreement by the Delivery Partner;

        • Inability to verify or authenticate the Delivery Partner's provided information;
        • Any action or failure to act by the Delivery Partner that may result in legal or contractual           liability for FoodNEST(S). This includes, but is not limited to:
        • Engaging in fraudulent activities
        • Receiving customer complaints;
        • Accumulating continuous unsatisfactory reviews from Restaurant Partners or Users;
        • Displaying misconduct or negligence;
        • Any other actions explicitly prohibited under applicable laws and regulations.

        FoodNEST(S) reserves the right to terminate the contract at its discretion if it determines that continuing the services of the Delivery Partner is harmful to the business interests of FoodNEST(S) due to actions by the Delivery Partner, including but not limited to the following…

        • Negligence in performing duties, resulting in damage to the movable and immovable assets of FoodNEST(S), its employees, or Users. Spreading content through digital media, social networking sites, or any other channels that could harm the brand and image of FoodNEST(S). Engaging in activities such as causing disturbances, strikes, or any actions against FoodNEST(S) that could damage the company's brand and image. Unauthorized disclosure of FoodNEST(S)'s confidential information to external agencies, individuals, or organizations. Misuse of assets provided by FoodNEST(S) and welcome kits in a manner that could negatively impact the company's brand and image.
        • Engaging in misbehavior or rude behavior with the staff of FoodNEST(S), Restaurant Partners, Users, or any other individuals associated with FoodNEST(S).Committing any acts that involve a criminal offense punishable by law, including physical assault or threatening any staff members of FoodNEST(S), individuals associated with FoodNEST(S), or any other persons.
        • Concealing facts or material information when entering into a contract with FoodNEST(S).Demonstrating poor and irregular attendance for work and meetings, and failing to adhere to the rules or terms of the contract.
        • Being intoxicated while on duty and exhibiting drunken behavior.
        • Engaging in fraud, misappropriation, or embezzlement for undue monetary gain, which is against the interests of FoodNEST(S).
        • Substandard performance persisting for two consecutive weeks, encompassing factors such as daily productivity, login consistency, idle hours, number of deliveries completed, and adherence to quality standards such as rejecting, fast-tracking, or canceling orders placed by Restaurant Partners.
        • Leaving without authorization for more than 6 hours with any property, delivery item, funds, or other valuable belonging to FoodNEST(S), its employees, Users, Restaurant Partners, or any other associated personnel.
        • Not adhering to the rules and guidelines provided by FoodNEST(S) concerning service quality standards and principles.
        • Engaging in behavior unbecoming of a Delivery Partner.If at any time during the term of these Delivery Partner Terms and Conditions, a negative finding is discovered in the background check, whether in part or in full.
        • Upon termination of these Delivery Partner Terms and Conditions and the Agreement, the Delivery Partner must return all assets within 42  hours of the Termination Date. If the Delivery Partner fails to do so, FoodNEST(S) reserves the right to forfeit any Security Deposit (if applicable) and may deduct the cost of the assets from any payments owed to the Delivery Partner under the Agreement or the Delivery Partner Terms and Conditions.
        • Regardless of anything stated in this Clause, FoodNEST(S) retains the right to pursue the recovery of any outstanding amounts owed by the Delivery Partner and to take suitable legal actions available under applicable laws and equity to recover such amounts.
        • If the Delivery Partner wishes to terminate these Delivery Partner Terms and Conditions and the Agreement independently, they must notify FoodNEST(S) in writing at least fifteen (10) days in advance of their intention to terminate the contract.
        • If the Delivery Partner fails to log in to the FoodNEST(S) DP Platform for a continuous period of 10 days, their account will be deactivated. To reactivate the account, the Delivery Partner can submit a request through the support section of the FoodNEST(S) DP Platform application. Reactivation will depend on the demand for Delivery Partners in the Delivery Partner's operational area. The Delivery Partner can also request to be notified through the FoodNEST(S) DP Platform when such demand arises.
        • Regardless of any conflicting provisions in these Delivery Partner Terms and Conditions or the Agreement, FoodNEST(S) reserves the right to impose a penalty if you engage in fraudulent activities while providing Delivery Services. This penalty may be deducted from the payments made to you by FoodNEST(S).

         

        Dispute Resolution

        • Delivery partners may lodge complaints or grievances through the Company’s designated process. The terms and conditions for Delivery Partners and the Agreement shall be subject to and governed by the laws of India.Disputes between delivery partners and the Company will be resolved through the Company’s dispute resolution mechanism.
        • All disputes arising from these Delivery Partner Terms and Conditions and the Agreement shall exclusively be under the jurisdiction of the courts in Lucknow.

        Modifications and Amendments

        • FoodNEST(S) reserves the right to modify these terms and policies and will notify delivery partners of any changes. FoodNEST(S) reserves the right to alter, modify, reinstate, amend, or delete any terms and conditions outlined in these Delivery Partner Terms and Conditions without prior notice, at any time and at its sole discretion. Changes will be communicated by posting a notice of change or a new agreement on the FoodNEST(S) DP Platform. It is the responsibility of the Delivery Partner to stay informed and updated on the revised terms and conditions at all times.  Delivery partners must acknowledge and accept any updated terms and policies.
        • These terms and policies are governed by the laws of the jurisdiction in which the Company operates.


         

        Other Provisions

        • These Delivery Partner Terms and Conditions, in conjunction with the Agreement, replace all previous discussions and agreements (whether oral or written) between the Parties concerning the subject matter herein.
        • None of the Parties may transfer rights or liabilities under these Delivery Partner Terms and Conditions and the Agreement without obtaining prior written consent from the other Party.
        • Neither Party shall be held liable under or considered to have breached these Delivery Partner Terms and Conditions or the Agreement due to delays or failures in performance resulting from circumstances beyond the reasonable control of that Party, such as natural disasters, fires, earthquakes, storms, floods, or acts of war or civil unrest.
        • These Delivery Partner Terms and Conditions and the Agreement shall remain valid and effective from the date of execution of the Agreement until the Delivery Partner remains registered with the FoodNEST(S) DP Platform, unless terminated as specified herein.
        • No waiver of any provision of these Delivery Partner Terms and Conditions and the Agreement, or consent to any deviation from it by any Party, shall be valid unless it is in writing. Any waiver or consent applies solely to the specific purpose for which it is granted. The failure or delay of any Party in exercising any rights, powers, or privileges does not constitute a waiver of those rights, nor does a single or partial exercise of a right preclude the exercise of other rights.
        • FoodNEST(S) reserves the right to share the information provided by you with any financial lending institution(s) if you consent to such sharing, provided it is reasonably determined that you have obtained a loan from them. By agreeing to this, you waive any right to claim damages from FoodNEST(S) if you have availed of such financial assistance. You also acknowledge that FoodNEST(S) is not liable for any damages resulting from the disclosure of your information. FoodNEST(S) reserves the right to withhold pending payouts and terminate your association immediately in such instances.
        • The Delivery Partner acknowledges and agrees to allow FoodNEST(S) to use their photographs for specified purposes. This may include using the Delivery Partner's photographs in FoodNEST(S)'s internal communications, presentations, training materials, and marketing and advertising activities across various platforms. This usage may encompass online advertisements, social media, and offline advertising. The Delivery Partner consents to FoodNEST(S) sharing their photographs with third parties for these purposes.The information provided by the Delivery Partner under this Agreement will be handled in accordance with the Privacy Policy.
        • Except for facilitating Delivery Services, FoodNEST(S) does not share any information about the Delivery Partner with third parties unless required by (i) government authorities or (ii) the Delivery Partner themselves, whether verbally or in writing (via email, SMS, etc.), for purposes such as obtaining loans from financial institutions or filing tax returns.In addition to carrying out Delivery Services, the Delivery Partner must refrain from disclosing any confidential information about FoodNEST(S). This includes but is not limited to these Delivery Partner Terms and Conditions, business strategies, pricing, revenues, expenses, User data, Restaurant Partner data, and order information to third parties.