You("User” or "Users” or "You” or "Your” or "Yourself”) accept these terms of use("Terms of Use”) upon accessing or browsing Our("Besty Food” or "Firm” or "We” or "Us” or "Our”) website www.Besty Food.in("Website”), mobile application("App”) and all the services provided by Us. For the purpose of these Terms of Use the Website and the App are jointly referred as the "Platform”. Please read all these Terms of Use before accessing the Platform and the services provided therein. By installing the App or merely browsing through the Website You agree and accept all these Terms of Use along with any amendments made by Besty Food at its sole discretion and posted on the Platform from time to time.
The Platform is owned and operated by Besty Food, a partnership Firm registered at #5/315-1A, Om Shanthi Nagar, Matham Agraharam Road, Hosur, Krishnagiri, Tamilnadu - 635109. As long as You abide by these Terms of Use, We grant You a limited privilege to enter and use Our Platform and Services.
Besty Food connects the vendors including but not limited to Groceries, Restaurants, Fruits, Vegetables, Meats, Frozen Foods("Merchants”) registered on the Platform and the Users of the Platform. The Users can choose to place orders from the variety of products listed on the Platform by the Merchants and Besty Food ensures delivery of such orders to the Users. The delivery service and the Platform service collectively referred to as "Services”. For the delivery services provided, Besty Food may charge a delivery fee (inclusive of applicable taxes).
These Terms of Use subject to amendments at any time. Besty Food reserves the right to modify or update these Terms of Use anytime by posting the modified Terms of Use in the Platform and You shall be liable to be bound by such changes. By continuing to use the Platform after such modifications, You accept the amended Terms of Use.
You shall be permitted to connect with Merchants through the Platform and avail Services only after registering Yourself in the Platform. You will be required to enter Your personal information including Your name, contact details, valid phone number and email id while registering on the Platform. You agree to provide complete, accurate and relevant information during the registration process and update such information to keep it up to date, complete and accurate. As part of registration You may verify Your phone number through OTP verification.
Besty Food reserves the right to suspend or terminate Your account and access to the Platform and the Services provided therein:
i. if any of the information provided by You during the registration process or thereafter proves to be inaccurate, not current or incomplete
ii. if it is suspected that Your actions may cause legal liability for You, other Users or Us
iii. if You are found to be non-compliant with these Terms of Use.
You are responsible for all the activities under Your Besty Food account. It's Your responsibility to safeguard Your login credentials and not to disclose to any third party.
Products and Services purchased from the Platform are intended for Your personal use and are not for resale or You are not acting as an agent for other parties.
Besty Food reserves right to display or access any kind of information (personal information, ratings, reviews, feedbacks) provided by You on the Platform. You agree to take complete responsibility to all information provided by You on the Platform and ensure it is correct, accurate and up-to-date. In case of modification of any information provided by You on the Platform You shall inform Besty Food via Your registered email at support@Besty Food.in or in writing at least 2(Two) business days prior to the effect of the change. Besty Food is not entitled to verify the information You provide on the Platform, hence You must ensure that You provide the correct, accurate and relevant information on the Platform. Besty Food reserves the right to suspend or terminate Your Account and refuse any or all current or future use of the Platform and the Services at any time if You provide any information that is incorrect, inaccurate, incomplete or irrelevant.
a. Besty Food provides You the following services:
i. allows You to connect with Merchants and delivery partners
ii. allows You to view the Products or Services listed on the Platform by the Merchants
iii. allows You to purchase products from the Merchants listed on the Platform and allows You to get them delivered to You through delivery partners
b. Besty Food reserves the right to withdraw, add or update any Services at its discretion. Besty Food does not assure that provides the Services will be available all the time.
d. Services provided by the Platform are available to only selected places of India and are subject to the availability of Merchants business hours and days.
d. Besty Food accepts no liability for any errors or omissions on behalf of itself or Merchants or delivery partners.
e. Besty Food is a facilitator between the Users and the Merchants. Besty Food does not hold any right or title or interest of any products offered in the Platform. Besty Food does not hold any liabilities during Your buying process from the Merchant.
f. Besty Food shall not be liable for any damages of any kind arising from Your use of the Services, including, but not limited to direct, indirect, incidental and consequential damages.
g. Besty Food shall be entitled at any time without giving any reason terminate Your request for any Service.
h. Besty Food shall not be liable for any conduct or misbehaviour or actions of delivery partners with respect to any transactions initiated on the Platform. Besty Food has no control over the products provided to You by the Merchants and therefore, Besty Food shall not incur any liability with respect to such products.
i. Your schedule for delivery of orders on the Platform depends on the availability of the delivery partners at You location. If You choose to reschedule an order You shall cancel the current order and place a new order on the Platform.
j. If a transaction initiated by You on the Platform cannot be completed, Besty Food shall notify You on the Platform.
k. You agree to provide as much information as possible on the Platform with respect to the products or services You wish to avail using the Platform.
l. You acknowledge and consent to the monitoring and tracking of Your geo-location information. Besty Food shall access Your location through GPS (Global Positioning System) to facilitate and improve the Services being offered by Besty Food.
m. Besty Food is not responsible for the quality, merchantability or fitness of products listed on the Platform. In the event of any grievances arising from the transaction initiated by You on the Platform pertaining to purchase of any product from any Merchant, You shall contact Besty Food support for routing Your grievances to the Merchant through the Platform.
n. You acknowledge that if You have any complaint with respect to the Services provided by the Platform, You will first inform Besty Food in writing or over email(support@Besty Food.in) of using such Services.
a. While placing an order through the Platform from the registered Merchants You are required to pay the price of the products in the order prior to processing Your order. However, if You choose to pay on delivery, You are obliged to pay the price of the products at the time of delivery.
b. You may be charged a Service fees for the Services provided by the Platform and the same shall be paid prior to processing Your order.
c. You may be charged a packaging cost for the order placed through the Platform if applicable which shall be paid prior to processing Your order.
d. Besty Food is entitled to charge You a delivery fees for the delivery service provided based on the Weight of the products in the order and distance between You and the Merchants outlets.
e. You agree that Besty Food may use any third-party service providers including but not limited to payment gateways, to process the payments made by You on the Platform.
a. You shall not be entitled to cancel Your order on the Platform once placed.
b. If You cancel Your order after placing it, Besty Food reserves the right to charge You 100% of the order amount as the cancellation fee inclusive of applicable taxes or in case Your order is post-paid Besty Food reserves the right to charge You the cancellations fee from Your subsequent orders to compensate Our Merchants and delivery partners.
c. Besty Food reserves the right to cancel Your order and charge You cancellation fees for the reasons including but not limited to:
i. if the delivery address provided by You is Wrong or outside Our delivery zone
ii. if You are unavailable when contacting You over phone or email at the time of delivering Your order
iii. lack of information, direction or authorization from You at the time of delivery
iv. unavailability of all the products or items ordered by You at the time of booking the order. However, in the unlikely event of an item on Your order being unavailable, Besty Food will contact You over the registered phone number to inform You of such unavailability. In such an event You will be entitled to cancel the entire order and shall be entitled to a refund to an amount upto 100% of the order value.
d. If the reason for cancellation of Your order is attributed to Besty Food or the Merchant or the delivery partners, Besty Food shall not charge You any cancellation fees.
e. You may be entitled to return an order only at the time of delivery if it does not meet Your quality and other such expectations. Hence, it's mandatory for You or Your delegations to verify all the products delivered to You at the time of delivery. A refund will be initiated for such returns after You return the order.
f. Our decision on refunds shall be final and binding.
h. All refund amounts shall be credited to Your account within 7 business days.
a. You are eligible to use the Platform and Services if You above 18 years of age.
b. You are not eligible to access the Platform if Your account is suspended by Besty Food. At any point You shall have only one Account in the Platform. You are prohibited from transferring Your account to any third party.
a. Besty Food grants You a non-exclusive and limited privilege to access the Platform and the Services subject to compliance with these Terms of Use.
b. You agree to use the Platform only for the purposes that are permitted by these Terms of Use in accordance with any applicable law, regulation or generally accepted practices or guidelines.
c. You represent and warrant that You have not received any notice from any third party or any governmental authority and no litigation is pending against You in any court of law, which prevents You from accessing the Platform and availing the Services. You represent and warrant that You are legally authorised to view and access the Platform and avail the Services.
d. You agree to access the Platform through the interface provided only. You agree not to involve in any activities that may harm the Platform in any manner.
f. Further, You undertake not to:
i. violate the legal rights of others
iv. engage in any activity that interferes with or disrupts access to the Platform
v. disrupt or interfere with the security of, or otherwise cause harm to the Platform, resources, accounts, servers or networks connected to or accessible through the Platform
vi. collect or store data about other Users, Merchants, delivery partners in connection with the prohibited conduct and activities set forth herein
vii. use any device or software to interfere with the proper working of the Platform
viii. use the Platform or any material or Property for any purpose that is unlawful or prohibited by these Terms of Use
ix. impersonate any other User
g. You agree and acknowledge that the use of the Services offered by Besty Food is at Your own risk and that Besty Food disclaims all representations and warranties of any kind.
i. All materials/content on Our Platform (except any third party content available on the Platform), including, without limitation, names, logos, trademarks, images, text, columns, graphics, videos, photographs, illustrations, artwork, software and other elements (collectively, ”Material”) are protected by copyrights, trademarks and/or other intellectual property rights owned and controlled by Besty Food. You acknowledge and agree that the Material is made available for limited, non-commercial, personal use only. Except as specifically provided herein or elsewhere in Our Platform, no Material may be copied, reproduced, republished, sold, downloaded, posted, transmitted, or distributed in any way, or otherwise used for any purpose other than the purposes stated under this Terms of Use, by any person or entity, without Besty Food's prior express written permission. You may not add, delete, distort, or otherwise modify the Material. Any unauthorized attempt to modify any Material, to defeat or circumvent any security features, or to utilize Our Platform or any part of the Material for any purpose other than its intended purposes is strictly prohibited. Subject to the above restrictions under this Clause, Besty Food hereby grants You a non-exclusive, freely revocable, non-transferable access to view the Material on the Platform.
b. The trademarks, logos and service marks displayed on the Platform are the property of Besty Food, except any trademark, logos and service marks of third parties available on the Platform. You are not permitted to use the Marks without the prior consent of Besty Food or such third party as may be applicable.
a. The Platform may be under constant upgrades, and some functions and features may not be fully operational.
b. Due to the unpredictable changes that can occur in the electronic distribution of information and due to the limitations inherent in providing information obtained from multiple sources, there may be delays, omissions, or inaccuracies in the content provided on the Platform or delay or errors in functionality of the Platform. As a result, we do not represent that the information posted is correct in every case.
c. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of credit/ debit cards.
d. You acknowledge that third party services are available on the Platform. We may have formed partnerships or alliances with some of these third parties from time to time in order to facilitate the provision of certain services to You. However, You acknowledge and agree that at no time are we making any representation or warranty regarding any third party's services nor will we be liable to You or any third party for any consequences or claims arising from or in connection with such third party including, and not limited to, any liability or responsibility for, death, injury or impairment experienced by You or any third party. You hereby disclaim and waive any rights and claims You may have against Us with respect to third party's / Merchants' services.
e. While the materials provided on the Platform were prepared to provide accurate information regarding the subject discussed, the information contained in these materials is being made available with the understanding that we make no guarantees, representations or warranties whatsoever, whether expressed or implied, with respect to professional qualifications, expertise, quality of work or other information herein. Further, we do not, in any way, endorse any service offered or described herein. In no event shall we be liable to You or any third party for any decision made or action taken in reliance on such information.
f. The information provided hereunder is provided ”as is”. We make no warranty or representation regarding the timeliness, content, sequence, accuracy, effectiveness or completeness of any information or data furnished hereunder or that the information or data provided hereunder may be relied upon. Multiple responses may usually be made available from different sources and it is left to the judgement of users based on their specific circumstances to use, adapt, modify or alter suggestions or use them in conjunction with any other sources they may have, thereby absolving Us, business associates, affiliates, business partners and employees from any kind of professional liability.
g. We shall not be liable to You or anyone else for any losses or injury arising out of or relating to the information provided on the Platform. In no event will we or Our employees be liable to You or any third party for any decision made or action taken by Your reliance on the content contained herein.
h. In no event will we be liable for any damages (including, without limitation, direct, indirect, incidental, special, consequential or exemplary damages, damages arising from personal injury/wrongful death, and damages resulting from lost profits, lost data or business interruption), resulting from any services provided by any third party or Merchant accessed through the Platform, whether based on warranty, contract, tort, or any other legal theory and whether or not we are advised of the possibility of such damages.
a. You agree to indemnify, defend and hold harmless Besty Food and its affiliates including but not limited to its officers, directors, consultants, agents and employees (”Indemnitees”) from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the Indemnitees that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any obligation, covenant, representation or warranty by You pursuant to these Terms of Use. Further, You agree to hold the Indemnitees harmless against any claims made by any third party due to, or arising out of, or in connection with, Your use of the Platform, Besty Food Services, any misrepresentation with respect to the data or information provided by You in relation to the Account, Your violation of the Terms of Use, or Your violation of any rights of another, including any intellectual property rights.
b. In no event shall the Indemnitees, be liable to You or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, arising out of or in connection with Your use of or access to the Platform or Besty Food Property on the Platform.
c. You indemnification obligation under the Terms of Use will survive the termination of Your Account or use of the Platform or Besty Food Services.
e. The Platform and the Services are only available to Users located in India. Users shall not access or use the Platform from any other jurisdiction except for India. If a User access or uses the Platform from any other jurisdiction except for India, the User shall be liable to comply with all applicable laws and Besty Food shall not be liable for the same, whatsoever.
You agree that any violation by You of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to the firm, as the case may be, for which monetary damages would be inadequate, and You consent to the firm obtaining any injunctive or equitable relief that they deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies that the firm may have at law or in equity. If the firm takes any legal action against You as a result of Your violation of these Terms of Use, they will be entitled to recover from You, and You agree to pay, all reasonable attorneys' fees and costs of such action, in addition to any other relief that may be granted.
a. We may also require You to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through the Platform. These additional terms shall form a part of this Terms of Use, and You agree to comply with them when You participate in those promotions, or otherwise engage in activities governed by such additional terms.
a. The Terms of Use will continue to apply until terminated by either You or Besty Food as set forth below. If You object to the Terms of Use or are dissatisfied with the Platform, Besty Food Services, Your only recourse is to (i) close Your Account on the Platform by writing to Us at support@Besty Food.in; and/or (ii) stop accessing the Platform. Besty Food will make Your account dormant upon receipt of request in writing. Besty Food may, in its sole discretion, bar Your use of the Besty Food Services at any time, for any or no reason. Even after Your account with Besty Food is disabled, dormant or made inactive, the terms agreed by You at the time of registration will remain in effect. This termination shall be effective only once You have cleared all Your dues that You are liable to pay as per the provisions of this Terms of Use.
b. We may delist You or block Your future access to the Platform or suspend or terminate Your Account if it believes, in its sole and absolute discretion that You have infringed, breached, violated, abused, or unethically manipulated or exploited any term of these Terms of Use or anyway otherwise acted unethically.
c. Notwithstanding anything in this clause, these Terms of Use will survive indefinitely unless and until Besty Food chooses to terminate them.
d. You hereby agree and acknowledge, upon termination, Besty Food shall have the right to retain all information pertaining to the transactions initiated by You on the Platform.
This Terms of Use shall be governed by and constructed in accordance with the laws of India without reference to conflict of laws principles and disputes arising in relation hereto shall be subject to the exclusive jurisdiction of courts, tribunals, fora, applicable authorities at Chennai.
In the event You come across any abuse or violation of these Terms of Use or if You become aware of any objectionable content on the Platform, please report the same to the following e-mail id: support@Besty Food.in In case You have any queries with respect to the Terms or the Besty Food Services, please write to Us at support@Besty Food.in
You hereby expressly agree to receive communications by way of SMSs and/or e-mails from Besty Food, or other third parties. You can unsubscribe/ opt-out from receiving communications through SMS and e-mail anytime by contacting Us for the same. However, You may still receive communications from Your end with respect to Your use of the Besty Food Service.
The Besty Food, a partnership firm Master Framework Letter (”Letter”) along with the Restaurant/Merchant Partner Terms of Use (”Terms”), represents and confirms Our mutual Terms with respect to the Restaurant/Merchant Partner's participation on the proprietary mobile Platform currently made available by Besty Food, a partnership firm (”Besty Food” or ”Us”) or its affiliates, from time-to-time, and referred to as the ”Besty Food App”. Upon signing by both parties, the Letter and the Besty Food Restaurant/Merchant Terms of Use binding and enforceable legal contract between You and Besty Food as of the date set forth above (”Effective Date”)
We each agree to work in good faith with one another on certain collaborative projects, (as described below) or other projects as we mutually agree, in connection with the products sold by You on the Platform under these Terms. Each project will be further specified in an Addendum, and any such project will only be undertaken once we mutually execute such Addendum.
The suggested search term(s) or Merchant item(s) visible on the Besty Food App is the general availability of Meals during the Restaurant's/ Shops normal business hours. The Restaurant/ Shops Merchant's customers (the ”Buyers” and/or ”Besty Food App Users”/” User(s)”) may select Meals from the displayed search term(s)/listing(s) on the Besty Food App.
Order Placement and Processing:
* Customers can place their orders for food, grocery, and meat through our website or mobile application.
* Once an order is placed, it will be processed by our system and sent to the respective restaurant or grocery store for preparation and packaging.
Preparation and Packaging Time:
* The preparation and packaging time for each order will vary depending on the specific restaurant, grocery store, and the items ordered.
* We strive to provide accurate estimates for preparation and packaging times, which will be displayed during the ordering process.
* Please note that these estimates are provided by the restaurants and grocery stores and are subject to change based on their current workload and availability of items.
Delivery Partner Assignment:
* Once the order is prepared and packaged, it will be assigned to a delivery partner for pickup and delivery.
* The delivery partner will be selected based on their current location and the distance between the pickup location and the delivery address.
Estimated Delivery Time:
* The estimated delivery time will depend on various factors, including the preparation and packaging time, distance to the delivery address, traffic conditions, and order volume.
* We strive to provide accurate estimated delivery times for each order, which will be displayed during the ordering process.
* Please note that these estimates are provided as a general guideline and are subject to change based on external factors.
Order Tracking:
* Once the delivery partner has picked up the order, you will be able to track the progress of your delivery through our website or mobile application.
Delivery Issues and Support:
* If you encounter any issues with your delivery or have questions about your order, our customer support team is available to assist you.
* In case of any delays or unexpected changes to the estimated delivery time, we will make every effort to inform you promptly and provide assistance.
Delivery Areas:
* We have specific delivery areas where our services are available for food, grocery, and meat delivery.
* During the ordering process, you will be able to check if your delivery address falls within our service area.
* If your address is outside our delivery zone, you may be unable to place an order for delivery, but you may still have the option for pickup if offered by the restaurant or grocery store.
Delivery Charges:
* Delivery charges, if applicable, will be displayed during the ordering process.
* The charges may vary based on factors such as distance, order value, and promotions.
* Some restaurants or grocery stores may offer free delivery for orders above a certain amount or during specific promotions.
Safety and Hygiene:
* We prioritize the safety and hygiene of our customers and delivery partners.
* Our delivery partners follow safety protocols, including proper sanitization and contactless delivery options, to ensure a safe delivery experience.
The Vendor will generate, print and issue an invoice for the purchased Product to the Customers.
ii. The Company shall collect the payments from the Customers on behalf of the Vendor as its service provider.
a. Meal(s)/Item(s). Besty Food will provide You reasonable advice regarding demand prediction, which You may use in connection with Your determination of the quantity and type of /Meals Items made available via the Besty Food App. You are fully responsible for quality, safety and delivery of the Meals/Items and You shall adhere to all applicable laws and regulations in relation to the preparation, provision, packaging and delivery of the Meals/Items. You will determine any quality, portion, size, ingredient or other criteria (including those of laws and regulations) that apply to the Meals/Items (”Criteria”) and You are solely responsible for ensuring that the Meals/Items meet such criteria when then are made available via the Besty Food App. In the event of failing to provide Product Meals/Items that adhere to the Criteria (each, a ”Substandard Meal/Item”), Besty Food is under no obligation to make such Substandard Meals/Items available for sale via the Besty Food App.
b. Taxes. You are responsible for determining and setting the retail price (”Retail Price”) for each Meal/Item and duly informing Besty Food from time to time, including any Meal/Item discount(s)/discounts on offer from time to time. You shall be the ”retailer” or ”seller” of all Meals/Items for the purpose of any indirect tax (such as value added tax, sales tax, service tax, goods and services tax) (”Indirect Tax”) and the responsible party for collection and remittance of applicable Indirect Tax. For the sake of clarity, the Retail Price for each Meal/Item shall include Indirect Tax, as applicable. You undertake that all applicable taxes on meal(s)/item(s) & delivery would be deposited by You with the government treasury within stipulated timelines. Except as may be expressly agreed in this Terms, each party shall be responsible for its expenses and costs during its performance under this Terms.
c. Meal/Item Inventory. You maintain title to all Meal/Item inventory until each Meal/Item is delivered to a User. You are responsible for the costs of all Meals/Items. Whenever a User wishes to avail Meals/Items or Service as identified by the App, Besty Food will notify the Merchant Partner of the specifications and particulars of the order as is received from the User. Upon receipt of an order request from a User, the Merchant Partner shall keep ready the product or provide any service as required by the User. In the event the specifications are not sufficient for the Restaurant/Merchant Partner to process any order, the Restaurant/Merchant Partner must seek further information as required.
d. Notwithstanding these Terms, Besty Food reserves the right to temporarily discontinue Services or permanently terminate with immediate effect for material breach or non-compliance by the Merchant Partner which includes, but is not limited to, the following instances:
i. User/Buyer complaints received by Besty Food which are directly or indirectly attributable to the quality of food provided by the Restaurant Partner either through poor ratings, as defined by Besty Food, through calls placed with Besty Food or through any other means;
ii. Breach of the provisions of the Food Safety and Standards Act, 2006 and the rules and regulations, made thereunder, by Restaurant Partner;
iii. Breach of the representations and warranties of the Restaurant Partner; or
iv. Any other material breach of the terms.
e. You are responsible for costs related to reimbursement to the Users in the event Users have either refused to pay for or have claimed partial or full refund, as applicable, for reasons that are attributable to Restaurant Partner, including but not limited to, User's expectations not being met or User dissatisfaction in relation to, inter alia, the quality of the Meal(s)/Item(s), undelivered Meal(s)/Item(s), discrepancy in the Meal(s)/Item(s) delivered which is not in accordance with the Meal/Item placed and/or those Meal(s)/Item(s) for which User requests for a replacement. (”Disputed Orders”) Any such User(s) request a refund for any Meal(s)/Item(s) (including, without limitation, any costs associated with retrieving any such Meal(s), if applicable), for reasons that are considered by Besty Food in its sole discretion as reasonable, for (i) request by the Users of refund or (ii) acceptance by the Delivery Partner of the request. Besty Food may deduct refunds from the payment made to You under these Terms.
f. It is clarified that Besty Food shall not be liable to make any payment for a Disputed Order. Besty Food shall reserve the right to recover from Restaurant Partner, the amount paid to Users/Buyers as refund up to the order value.
g. In case of complaints from the User pertaining to food efficacy, quality, or any other such issues, Besty Food shall notify the same to Restaurant Partner and shall also redirect the Buyer to the consumer call centre of the Restaurant. Restaurant Partner shall alone be liable for redressing and bound to take action on the complaints by the User. Besty Food has the right to share with the Restaurant Partner, the relevant information including the Restaurant details to enable satisfactory resolution of the complaint. Besty Food shall in the interest of satisfactory resolution of the Complaint, share with the User, relevant information pertaining to the Order along with Restaurant details.
h. Service Fee. In consideration for use of the Besty Food App, Besty Food will charge You a service fee as specifically set forth on each applicable Addendum as well as the Letter. All fees under these Terms shall be paid in Indian Rupees and are exclusive of any taxes, including Indirect Tax and withholding tax, if applicable.
i. Besty Food does not guarantee that You will be matched with the Delivery Partner at the time You wish to be matched. Besty Food shall not be liable for any failure to match.
a. Marketing. Besty Food will each showcase the availability of the Meals via the Besty Food App through various promotional activities (e.g., Our respective social media channels, websites, or blogs), as mutually agreed.
We each acknowledge and agree that, unless otherwise stated in a Letter/Addendum, Our relationship is non-exclusive.
a. Each party hereby represents and warrants that: (a) it has full power and authority to enter into this Terms and perform its obligations hereunder; (b) it is duly organized, validly existing and in good standing under the laws of the jurisdiction of its origin; (c) it has not entered into, and during the Term (as defined below) will not enter into, any Terms that would prevent it from complying with or performing under this Terms (in Your case, including without limitation, any exclusive Terms with any third parties for the availability of item via a technology Platform); and (d) the content, media and other materials used or provided as part of this Terms shall not infringe or otherwise violate the intellectual property rights, rights of publicity or other proprietary rights of any third party.
b. The Merchant further represents and warrants that it will comply with all applicable laws and regulations in its performance of this Terms including, but not limited to, the Drugs and Cosmetics Act, 1940 and rules and regulations made thereunder, including any law applicable to its engagement of Delivery Partners.
c. The Merchant further represents and warrants that the details of the tax registrations provided by the Merchant and Indirect tax to be levied on each item to be made available for sale via the Besty Food App is as per Addendum II, forming integral part of this Terms. The Merchant further confirms and declares that the information provided in Addendum II and the copies of tax registrations, are true and correct, and assumes responsibility to intimate Besty Food in case of any change in the provided information. The Merchant undertakes that all Indirect Tax applied on each Item and Delivery made available for sale via the Besty Food App would be deposited with the Government Treasury within stipulated timelines.
d. EXCEPT AS SET FORTH HEREIN, EACH PARTY MAKES NO REPRESENTATIONS, AND HEREBY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING ITS SERVICES OR PRODUCTS OR PURPOSE OF THIS TERMS.
a. Indemnified Claims. Each party (the ”Indemnifying Party”) will indemnify, defend and hold harmless the other party, its affiliates and their respective directors, officers, employees and agents (the ”Indemnified Party”) from and against any and all claims, damages, losses and expenses (including reasonable attorney's fees) (collectively, ”Losses”) with respect to any third party claim arising out of or related to: (a) the negligence or wilful misconduct of the Indemnifying Party and its employees or agents (in Your case, excluding Besty Food and Delivery Partners to the extent they are Your agents pursuant to Section 3) in their performance of this Terms; (b) any claims that the Indemnifying Party breached its representations and warranties in this Terms; (c) any claims that the Indemnifying Party's Marks infringe a third party's intellectual property rights, as long as such Marks have been used in the manner approved by the Indemnifying Party; or (d) any breach and/or non-compliance with applicable data protection laws. In addition, You will indemnify, defend and hold harmless the Besty Food Indemnified Parties from and against any and all Losses with respect to any third-party claim arising out of or related to any harm resulting from Your violation or alleged violation of any applicable retail or other health and safety code, rule or regulation, except to the extent such harm was directly caused by the gross negligence or wilful misconduct of Besty Food or its employees, agents or Delivery Partners.
b. Procedure. Each Indemnified Party shall provide prompt notice to the Indemnifying Party of any potential claim subject to indemnification hereunder. The Indemnifying Party will assume the defence of the claim through counsel designated by it and reasonably acceptable to the Indemnified Party. The Indemnifying Party will not settle or compromise any claim, without written consent of the Indemnified Party, which will not be unreasonably withheld. The Indemnified Party will reasonably cooperate with the Indemnifying Party in the defence of a claim, at Indemnifying Party's expense.
For the purposes of this clause, ”Liability” means liability in or for breach of contract, negligence, misrepresentation, tortious claim, restitution or any other cause of action whatsoever relating to or arising under or in connection with these Terms, including liability expressly provided for under these Terms or arising by reason of the invalidity or unenforceability of any term under this contract. Besty Food does not exclude or limit Liability for any Liability that cannot be excluded by law. Subject to the preceding sentence, Besty Food shall not be under any Liability for loss of actual or anticipated profits, loss of goodwill, loss of business, loss of revenue or of the use of money, loss of contracts, loss of anticipated savings, loss of data and/or undertaking the restoration of data, fraudulent orders, any special, indirect or consequential loss, and such liability is excluded whether it is foreseeable, known, foreseen or otherwise. For the avoidance of any doubt, this clause shall apply whether such damage or loss is direct, indirect, consequential or otherwise. However, Besty Food will use its best endeavours to ensure that the unintentional operational errors do not occur, Besty Food cannot provide any warranty or guarantee in this regard. Notwithstanding anything to the contrary herein set out, Besty Food's aggregate liability under this Agreement and respective Terms of Use shall not exceed the total value of a Disputed Order.
Either Besty Food or the Merchant Partner can terminate this contract providing 15 days' prior written notice to the other. Besty Food shall delist the Merchant Partner at the end of the 15th Day. Upon termination in accordance with the terms hereof, Merchant Partner shall only be required to service Item(s) already placed through Besty Food prior to such expiry or earlier termination of these Terms, and Besty Food shall be entitled to receive Service Fee for such Item(s).
No failure or delay by any Party in exercising any right, power or remedy under these Terms of Use or provided by law shall operate as a waiver thereof or affect that right, power or remedy. No waiver by any Party of any breach by any other Party of any provision hereof shall be deemed to be a waiver of any subsequent breach of that or any other provision hereof.
The Parties agree that nothing in this Terms shall be construed as creating the relationship of employer and employee, master and servant, or principal and agent, or a partnership, or a joint venture of any kind whatsoever between the Parties or between the parties and its respective contractors / employees.
Besty Food will give You information regarding the number of Items picked up by Delivery Partners and sold by You to the Users pursuant to the Terms. The Merchant Partner shall maintain such documents to record the proof of delivery of product or performance of service. Without prejudice to the generality of the aforesaid, Merchant shall routinely and at such time intervals provide such reports and, in such formats, as may be specified by the Company.
a. Service Fee. In consideration for Besty Food's lead generation, demand prediction, payment processing and other related services provided via the Besty Food App under the Terms, Besty Food will charge You a service fee, agreed under the Letter and reiterated under the Addendum II (exclusive of Indirect Tax and withholding tax, if any) on Item Value, as defined under the Letter or (the ”Service Fee”). This Service Fee is charged as consideration for expediting the Users' orders via the Besty Food App.
b. Goods and services tax (”GST”). Collection by Besty Food from Users on Your behalf would be subject to tax deduction or collection at source in accordance with the applicable GST laws.
c. Remittance. Besty Food will remit to You the total (i) Item Payment (including any Indirect Tax collected on Your behalf but reduced by the Service Fee, amounts remitted to Delivery Partners under Your instructions and tax deduction/ collection at source) earned by You, (ii) less any refunds given to Your customers or Users (such final remitted amount being the ”Item Revenue”).
d. Item Revenue received by Besty Food from the User on behalf of the Merchant Partner will be settled into the Merchant Partner's bank account, details of which are set forth in Addendum II. Settlement of transaction payments shall be within the time period as set forth by the guidelines of the Reserve Bank of India, where applicable. The Merchant Partner agrees to provide such documents and information necessary or as may be sought by a payment facilitator or bank to enlist the Merchant Partner as a payee of Besty Food. The Merchant Partner agrees that for this purpose, information about and provided by the Merchant Partner will be shared with a payment facilitator or bank.
Delivery Partners are independent service providers, and as such, they reserve the right to refuse to accept any item for delivery in their sole discretion. Any item that You do not have permission or license to sell or deliver may not be sold to Users.
1. As a registered User, You understand that Besty Food is merely a technology intermediary communicating a promotion on behalf of the Merchant and is not in any manner liable for the content hosted or otherwise the Offer extended through the Besty Food App.
2. You acknowledge that the product is offered for sale or otherwise offered without any consideration, as the case maybe, by the Merchant and not Besty Food.
3. You agree that any product/item procured/purchased by You from the Merchant shall be for Your personal consumption.
4. All commercial/contractual terms are offered by and agreed to between User and Merchant(s) alone. The commercial/contractual terms include without limitation price, shipping costs, payment methods, payment terms, date, period and mode of delivery, warranties related to products and services and after sales services related to products and services. Besty Food does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Sellers.
5. Besty Food does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Besty Food App. Besty Food shall not be liable in case the product sold by the Merchant is unfit for use or faulty or rendered unfit during carriage of the same from the point of pick-up to the drop-off point.
6. Besty Food does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc) of any of its Users. You are advised to independently verify the bona fides of any particular Merchant that You choose to deal with on the Besty Food App and use Your best judgment in that behalf.
7. Besty Food does not implicitly or explicitly support or endorse the sale or purchase of any products or services on the Besty Food App. Besty Food accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
8. Consistent with Besty Food's Privacy Policy, Besty Food may share Your information with third parties to manage, expedite and improve the Besty Food App services provided to You or otherwise to carry out specific service requests, including any other reason(s) as covered under the Privacy Policy acknowledged by You.
9. Besty Food is not responsible for any non-performance or breach of any contract entered into between Users and Merchants. Besty Food shall not and is not required to mediate or resolve any dispute or disagreement between Users and Merchants.
10. At no time shall Besty Food hold any right, title or interest over the products nor shall Besty Food have any obligations or liabilities in respect of such contract.
11. Besty Food is not responsible for unsatisfactory or delayed performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
12. You shall independently agree upon the manner and terms and conditions of delivery, payment, insurance etc. with the Merchant that You transact with.Cancellations