Order Eat Enjoy

APPLICABILITY

This User Agreement along with Terms of Service (collectively, the "User Agreement") forms the terms and conditions for the use of services of “ORDER EAT ENJOY” in short “ OEE” the portal owned by YASHRAJ HOSPITALITY SERVICES .
Any person ("User") who inquiries about or purchases any products or services of “ORDER EAT ENJOY” through its portal, mobile applications, sales persons, offices, call centers, branch offices, franchisees, agents etc. (all the aforesaid platforms collectively referred to as “Sales Channels”) agree to be governed by this User Agreement. The portal and the mobile applications of “ORDER EAT ENJOY” are collectively referred to as ‘PORTAL’.
Both User and “ORDER EAT ENJOY” are individually referred to as 'Party' and collectively referred to as 'Parties' to the User Agreement.
“Terms of Service” available “ORDER EAT ENJOY” Portal details out terms & conditions applicable on various services or products facilitated by “ORDER EAT ENJOY”. The User should refer to the relevant Terms of Service applicable for the given product or service as booked by the User. Such Terms of Service are binding on the User.
“ORDER EAT ENJOY” acts as a facilitator (food delivery platform) and merely provides an online platform to the User to select and order food from a particular Restaurant. Restaurant in this context includes all categories of business activity where articles off food, drink, or condiment are customarily prepared and offers for sale to the public, as well as kitchens and catering facilities in which food is prepared or eatery or cafe or such other places where food/drink is prepared and offered for sale to the public and any other alternate prepared food and beverages offered for sale.
OEE enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India by connecting third party service providers i.e. pick-up and delivery partners in short “PDP” who will be responsible for providing the pick-up and delivery services and completing Tasks initiated by the users of the Platform (Buyers or Restaurants). The Platform Services of the Facilitator and Delivery Services of PDP are collectively referred to as "Services". For both Platform Services and Delivery Services, OEE is merely acting as an intermediary between the Restaurants and Buyers and/or PDPs and Buyers and or PDP AND Restaurants.
The pick-up and delivery partners are individual engaged with OEE on a voluntary, non-exclusive and primary basis to provide aforementioned services for service fee. PDP persons are independent contractors and are free to determine their timings of work. OEE does not exercise control on the PDPs and the relationship between the PDPs and OEE is not that of an agent and principal or employee and employer.
The PDPs may charge the users of the Platform, a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not limited to distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time For the pickup and delivery services and completing the Tasks.

OEE reserves the right to change the User Agreement from time to time. The User is responsible for regularly reviewing the User Agreement.

OEE RESPONSIBILITY & WARRANTIES

Portal is meant to be used by bonafide User(s) for a lawful use
All commercial/contractual terms are offered by and agreed to between Buyers and restaurant alone with respect to FOOD being offered by the restaurant. The terms include without limitation price, applicable taxes, delivery costs, payment terms, date, period and mode of delivery. OEE does not have any control in the offering or acceptance of the terms between the Buyers and restaurant. OEE may, however, offer support services to restaurant in respect to Order fulfilment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed between OEE and the restaurant. The OEE has no role to play in determination of price of the product and services offered by the restaurant, it is being determined by the restaurant .
Upon acceptance of any Order or Task by the pickup and delivery services undertaken by him/her, shall constitute a separate contract for services between Restaurant /Buyers and PDPs. And OEE shall not be hold responsible for the services provided by PDP to Restaurant/Buyers through the Platform. OEE may, however, offer support services to PDPs in respect of Order fulfilment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed by OEE with the PDPs.
OEE does not make any representation or warranty of any of the Restaurants/PDP’S services . You are advised to independently verify the bona fides of any particular Restaurant that you choose to deal with on the Platform and use your best judgment on that behalf. OEE takes no responsibility.
OEE is not responsible for any non-performance or breach of any contract entered into between Buyers and Restaurants, and between Restaurants or Buyers and PDP’s on the Platform. OEE cannot and does not guarantee about their performance in work and service on the Platform. OEE is not responsible for unsatisfactory services or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
OEE is operating as facilitator, and does not at any point of time during any transaction between Buyer and Restaurant and/or Buyer and PDP on the Platform come into or take possession of any of the products or services offered by Restaurant or PDP. OEE have no any obligations or liabilities in respect of such contract entered into between Buyer and Restaurants and/or Buyer and PDP.
OEE is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Restaurants and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quantity, quality, taste or any other such issues, OEE shall notify the same to Restaurants and shall also redirect the Buyer to the consumer call center of the Restaurants. The Restaurants shall be liable for redressing Buyer complaints and if complaint raised on our platform then OEE shall assist you to the best of its abilities by providing relevant information about the Restaurants to you so as to enable you to reach at a just solution.
OEE is only providing a platform for communication with PDP and does not provide any pick-up and delivery services with respect to the Orders placed by Buyers to the Restaurant on the Platform as it is merely facilitating Delivery Services by connecting the Restaurants /Buyers with the PDP through the Platform. In case of any issue or complaints by the Restaurants/Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, OEE shall notify the same to the PDP and also assist Restaurants/Buyers to the best of its abilities to enable you to reach at a just solution.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.

Use of the Portal and Apps (Android) of OEE.

You agree, undertake and confirm that your use of Platform shall be strictly governed by the following binding principles:

You shall not host, display, upload, download, modify, publish, transmit, update or share any information which:
1. belongs to another person and which you do not have any right to;
2. is grossly injurious, niggling, offensive, defamatory, obscene, pornographic, paedophilic, criminally inciting or invasive of another's privacy, intolerable, or racially, ethnically objectionable, derogatory, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing ;
3. is misleading or misrepresentative in any way;
4. harasses or advocates harassment of another person;
5. involves the transmission of "junk mail", "chain letters", or unsolicited mass mailing or "spamming";
6. promotes illegal activities or conduct that is unlawful
7. infringes upon or violates any third party's rights including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person's name, email address, physical address or phone number) or rights of publicity; OR promotes an illegal or unauthorized copy of another person's copyrighted work;
8. tries to gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;
9. engages in commercial activities and/or sales without our prior written consent .
10. refers to any website or URL that, in our sole discretion, contains material that is inappropriate for the Platform or any other website, contains content that would be prohibited or violates the letter or spirit of these Terms of Use;
11. Exploit minor or harm minors in any way;
12. infringes any patent, trademark, copyright or other intellectual property rights or third party's trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products;
13. violates any applicable law for the time being in force;
14. impersonate another person;
15. threatens the unity, integrity, defence, security or sovereignty of India or threatens the friendly relations with foreign states, or causes incitement to the commission of any criminal offence or thwart investigation of any offence or insult India or any other nation;
16. is false, inaccurate or misleading;
17. attempts to trade directly or indirectly in any item which is prohibited in law; or
You shall not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Platform or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform. We reserve our right to prohibit any such activity.
You shall not attempt to gain unauthorized access to any portion or feature of the Platform, by hacking, "password mining" or any other illegitimate means.
You shall not 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 shall not make any negative, denigrating or defamatory statement(s) or comment(s) about us or the brand name 'OEE '.
You shall not do anything that may tarnish the image or reputation of OEE or Restaurant on platform or otherwise tarnish or dilute any OEE trade or service marks as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform or OEE 's systems or networks, or any systems or networks connected to OEE.
You agree not to interfere with the proper working of the Platform or any transaction being conducted on the Platform, by using any device or software or etc. .
You may not forge any message or transmittal you send to us on or through the Platform or any service offered on or through the Platform.
You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Platform and its content for any unlawful or prohibited work or purpose;
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/GST, 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 shall not 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.
In order to allow us to use the information supplied by you, without violating your rights or any laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information. We will only use your information in accordance with these Terms of Use and Privacy Policy applicable to use of the Platform.
From time to time, you shall be responsible for providing information relating to the products or services proposed to be sold by you. In this connection, you undertake that all such information shall be accurate in all respects. You shall not exaggerate or overemphasize the attributes of such products or services so as to mislead other users in any manner.
You shall not resell food purchased through the portal ;
You shall not use the Platform to buy or sell any products or services, including its advertising. It shall be a violation of these Terms of Use to use any information obtained from the Platform in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to another person other than us without our prior explicit consent. In order to protect our users from such advertising or solicitation, we reserve the right to restrict the number of messages or emails which a user may send to other users in any 24-hour period which we deem appropriate in its sole discretion. It is agreed that we have the right at all times to disclose any information (including the identity of the persons providing information or materials on the Platform or etc.) as necessary to satisfy any law, regulation or valid governmental request.
We reserve the right, but has no obligation, to monitor the materials posted on the Platform. OEE shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding this right, you THE User remain solely responsible for the content of the materials you post on the platform and in your private messages. Please note that such Content or vies posted does not necessarily reflect the views of OEE . In no event shall OEE assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform.
It is possible that other users including some 'hackers' may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not support or endorse such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform. It is Your responsibility and our advice to be careful in selecting the type of information that you publicly disclose or share with others on the Platform.
OEE shall have all the rights to take necessary action and claim damages that may occur due to your involvement or participation either intentionally or unintentionally in hacking, pen testing attempts without our prior consent or a mutual legal agreement.

Account Registration

You may access the Platform by registering to create an account (" OEE Account"). By registering to services and acknowledging to the terms of the application one becomes a member. Such membership is limited to the terms set-forth in such contract and shall not be transferable.
We will create your OEE Account for your use of the Platform services based upon the personal information you provide to us. You can only have one OEE Account and are not permitted to create multiple accounts. You agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete. OEE reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
We reserve the right to suspend or terminate your OEE Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non-compliant with the Terms of Use or other OEE policies.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OEE Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your OEE Account. The details of any financial institution shall not be saved as default in the application.

Order Booking and Financial Terms

The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, OEE will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through PDP.
OEE does not own, sell, resell on its own such products offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not limited to, product availability, delivery location serviceability, and acceptance of Orders by Merchants/PDPs.
As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed.
However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not limited to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
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; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by OEE 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, OEE is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
It is agreed that OEE are not the manufacturer or seller or distributor but only receive orders from the customers and place orders against the Restaurant Partners.
The application sometimes will not guarantee the quality of food, because that is dependent on the restaurant partners. The restaurant partners will decide on the availability of food and prices of food, the platform shall have no right in the same.
Time taken to prepare a particular food is confirmed by the restaurant and not the service provider.
Any violation in the standards of food provided by the Restaurant partners shall be solely towards the seller/owner, vendors, licensor, manufacturer of such food products, and the OEE providing such services shall not be held liable.
It is the duty of the Restaurants to mention on the food list so as to intimate the buyer/ customer if such food could be consumed by children. Specifications regarding the same must be provided.
Buyers acknowledge and agree that OEE acts as the Restaurant’s and PDP’s payment agent for the limited purpose of accepting payments from Buyers/Restaurants on behalf of the Restaurant or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Restaurant or PDP, your payment obligation to the Restaurant or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Restaurant or PDP. You shall not, under any circumstances whatsoever make any payment directly to the Restaurant for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform.
Buyer agrees to pay for the total amount for the Order placed on the Platform. OEE 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 restaurant service for the particular Restaurant, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with Buyer’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. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause v above. Buyer hereby authorizes the collection of such amounts by charging the credit 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 Buyer 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.
The final tax bill will be issued by the Restaurant and PDP (if registered for tax purposes) to the Buyer along with the Order and OEE is merely collecting the payment on behalf of such Restaurant 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 Restaurant and PDP. OEE 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 Restaurant and the PDP.
The prices reflected on the Platform, including packaging or handling charges, are determined solely by the Restaurant and are listed based on information provided by the Restaurant's . Very rarely, prices may change at the time of placing Order due to Restaurant changing the menu price without due intimation and such change of price are at the sole discretion of the Restaurant attributing to various factors beyond control.

Disclaimer: Some time Prices on any product(s) as reflected on the Platform may due to some technical issues or some typographical mistake or product information supplied by Restaurant be incorrectly reflected and in such an event Restaurant may cancel Buyer’s Order(s).

The Restaurant shall be solely responsible for any warranty/guarantee of the Foods or services sold to the Buyers and in no event shall be the responsibility of OEE.
The transactions are bilateral between the Restaurant and Buyer, and between Restaurant/Buyer and PDP, therefore, OEE is not liable to charge or deposit any taxes applicable on such transactions.

ORDER EAT ENJOY - Cancellation and Refund Policy

1. Customer Cancellation
  1. As a general rule Buyer shall not be entitled to cancel Order once placed. Buyer may choose to cancel Order only within one-minute of the Order being placed. However, subject to Buyer’s previous cancellation history, OEE reserves the right to deny any refund to Buyer pursuant to a cancellation initiated by Buyer even if the same is within one-minute followed by suspension of account, as may be necessary in the sole discretion of OEE.
  2. If Buyer cancels his/her Order after one minute of placing it, OEE shall have a right to collect a penalty of 100% of the Order amount for breach of contract terms as a compensation for the damages suffered by OEE, with a right to either not to refund the Order value in case Buyer’s Order is prepaid or recover from the Buyer’s subsequent Order in case his/her Order is postpaid, to compensate the Restaurants and PDPs.
2. Non-Customer Cancellation
  1. Modification of orders will be accepted only if the restaurant partner agrees for the same. In an event where such modification is not accepted, the user shall not cancel the order.
3. Non-Customer Cancellation
  1. OEE reserves the right to collect a penalty for the Orders constrained to be cancelled by OEE for reasons not attributable to OEE, including but not limited to:
    1. address of Buyer is either wrong
    2. falls outside the delivery zone;
    3. fail to contact Buyer by phone or email at the time of delivering the Order booking;
    4. due to lack of information, direction or authorization from Buyer at the time of delivery; or
    5. unavailability of all the items ordered by Buyer at the time of booking the Order. However, in the unlikely event of an item in an Order being unavailable, OEE will contact the Buyer on the phone number provided to us at the time of placing the Order and inform Buyer of such unavailability. In such an event Buyer will be entitled to cancel the entire Order and shall be entitled to a refund to an amount upto 100% of the Order value if and only the Buyer has made the payment .
  2. In case of cancellations for the reasons attributable to OEE or the Merchant or PDP, OEE shall not collect any penalty from the Buyer.
4. Refunds
  1. Buyer may be entitled to a refund for prepaid Orders. OEE retains the right to retain the penalty payable by the Buyer from the amount refundable to him/her. The Buyer shall also be entitled to a refund of proportionate value in the event packaging of an item in an Order or the complete Order, is either tampered or damaged and the Buyer refuses to accept at the time of delivery for the said reason;
  2. Buyer may be entitled to a refund upto 100% of the Order value if PDP fails to deliver the Order due to a cause attributable to either PDP or OEE, however such refunds will be assessed on a case to case basis by OEE.
  3. Our decision on refunds shall be final and binding
  4. All refund amounts shall be credited to Buyer’s account as may be stipulated as per the payment mechanism of Buyer’s choice within 7 days, in case Buyer don't choose to credit it to Buyer’s wallet with his/her OEE Account;
  5. In case of payment at the time of delivery, Buyer will not be required to pay for:
    1. Orders where packaging is either tampered or damaged at the time of delivery;
    2. Wrong Order being delivered; or
    3. Items missing from Buyer’s Order at the time of delivery.
  6. Provided the same is communicated to OEE Customer Care through the Platform before the Order is marked delivered.

Terms of service of OEE , Restaurant and PDP’S

OEE make clear that they are not the manufacturer or seller or distributor but only receive orders from the customers and place orders against the Restaurant Partners.
OEE sometimes will not guarantee the quality of food, because that is dependent on the restaurant partners. The restaurant partners will decide on the availability of food and prices of food, the platform shall have no right in the same.
Time taken to prepare a particular food is confirmed by the restaurant and not the service provider.
OEE shall intimate the buyer/ customer if such food could be consumed by children. Specifications regarding the same must be provided. For example: beverages with alcohol.
Any violation in the standards of food provided by the Restaurant partners shall be solely towards the seller/owner, vendors, licensor, manufacturer of such food products, and the company providing such services shall not be held liable.
The acceptance to deliver food once the order is placed by the customer, shall be a contractual obligation on the delivery partner under the consumer protection act, 2019. It becomes an implied contract of service once he agrees to deliver the food.
The OEE/Restaurant/PDP’S must also state that the services provided by them shall be charged, the user shall pay such additional charges. The user shall comply with such additional payment and shall not deny the payment stating that he wasn’t aware.
The Facilitator must also provide the mode of payment and availability on COD (cash on delivery). Discounts available for such services and polices thereof shall be mentioned and updated from time to time.
The FDP must make clear that it is an obligation on the customer to protect the IPR (Intellectual Property Rights) and proprietary rights of the Restaurant Partners.
Non-exclusive, Non-transferable license to access is provided for the user as specified in the terms set-forth.
The reviews and ratings provided on every food in the platform are by the user and the company is not responsible for such reviews.
The OEE shall ensure that the price list provided by the Restaurant Partners is correct and change the rates as per the directions of the owner from time to time.
The total price of the food, along with delivery charges and GST shall be specified in the platform clearly before placing such orders.
Promo codes/ offers/ coupons etc are offers provided by the application and is not a liability of the restaurant partners.

Terms And Use For Customers

User agree and acknowledge that OEE shall be liable in the event you have failed to adhere to the Terms of Use.
The user/ customer would place their order on the platform, by allowing OEE an unconditional and irrevocable authorisation to place such orders with their restaurant partners.
All the orders placed by the customers which later being accepted by the OEE and Restaurant partners shall constitute a separate contract under Sale of Goods Act, 1930 and Consumer Protection Act, 2019.
It is the duty/ obligation on the user to provide correct details of his residence, contact details, number of servings etc.
It is also the duty of the user/ buyer to not further resell the food and make undue profits out of the same.
It is also an obligation/ duty on the service provided not to sell food with infringed trademark, or cause loss to the Restaurant Partners.
The user/ buyer is duty bound to pay the service charges.
Buyer agrees that the Services shall be provided through the Platform only during the working hours of the relevant Merchants and PDPs.

No Endorsement

We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

General:

Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. OEE reserves the right to terminate your Membership and / or deny access to the platform if it is brought to OEE ‘s notice that you are under the age of 18 years.
If you choose to use the Platform, it shall be your responsibility to keep safe and secure your user identification code and password .
As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and OEE policies to the attention of all such persons accessing the Platform on your computer or mobile device.
You shall bear the costs incurred for the internet services to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree and grant permission to OEE to receive promotional SMS and e-mails from OEE or allied partners.
You release and fully indemnify OEE and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, OEE cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.

Access to the Platform, Accuracy and security

We endeavour to make the Services available during Merchant or PDP working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not limited to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.

Relationship with operators if the Platform is accessed on mobile devices

In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").
Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and OEE only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Platform is limited to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not limited to: (i) any claim that the Platform fails to conform to any applicable legal or regulatory requirement; and (ii) claims arising under consumer protection or similar legislation.
You and we acknowledge that, in the event of any third party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.

Intellectual property

We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property, in the Platform, and in the material published on it including but not limited to user interface, layout format, Order placing process flow and any content thereof.
You recognize that YSR is the registered owner of the word mark “ORDER EAT EENJOY” OR ‘ OEE’ and the logo including but not limited to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking its validity, the licensed marks or any registrations thereof, or file any applications for the registration of the licensed marks or any names or logos derived from or confusingly similar to the licensed marks, any variation thereof, or any translation or transliteration thereof in another language, in respect of any products/services and in any territory throughout the world. If you become aware or acquire knowledge of any infringement of IPR you shall report the same at ............................... with all relevant information.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Treatment of information provided by you

We process information provided by you to us in accordance with our Privacy Policy.

ADVERTISERS ON “ OEE” AND LINKED WEBSITES

The User must agree to the advertisements that may be placed by the Facilitator on the Service as some of the Services are supported by advertising revenue and may display advertisements and promotions. The Facilitator will not be responsible or liable for any errors or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or a result of the presence of such other advertiser(s) on the Facilitator platform and mobile application.
“ OEE” does not endorse any advertisers on its Website, or any linked sites in any manner. The Users are requested to verify the accuracy of all information provided on the third-party web pages.
The linked sites are not under the control of “OEE” and hence “OEE” is not responsible for the contents of any linked site(s) or any further links on such site(s), or any changes or updates to such sites. “OEE” is providing these links to the Users only as a convenience.

Severability

If any provision of this User Agreement is determined to be invalid or unenforceable in whole or in part, such invalidity or unenforceability shall attach only to such provision or part of such provision and the remaining part of such provision and all other provisions of this User Agreement shall continue to be in full force and effect.

Indemnification

The User agrees to indemnify, defend and hold harmless “OEE” , its affiliates and their respective officers, directors, lawful successors and assigns from and against any and all losses, liabilities, claims, damages, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by such indemnified persons, that arise out of, result from, or may be payable by virtue of, any breach of any representation or warranty provided by the User, or non-performance of any covenant by the User.
The User shall be solely liable for any breach of any country specific rules and regulations or general code of conduct and “OEE” cannot be held responsible for the same.

Non-assignment

You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.

Governing law and dispute resolution

These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Guwahati, Kamrup(metro) Assam , India.

Disclaimers

Disclaimer of warranties, limitation of liability and indemnification: Disclaimer of warranties: the User must acknowledge and agree that the Services are provided “as is” and “as available” and that the use of the Services shall be at the risk of User. To the fullest extent permitted by applicable law, the Facilitator its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries and licensor (“FDP Parties”) disclaims warranties, express or implied, in connection with the Services including mobile apps and User’s use of them. To the fullest extent permitted by applicable law, the Facilitator parties makes no warranties or representations that the Services have been or will be provided with due skill, care and diligence or about the accuracy or completeness of the Services content and assume no responsibility for any :-
1. errors, mistakes, or inaccuracies of Content,
2. personal injury of property damage, of any nature, whatsoever, resulting from User’s access to and use of the services,
3. any unauthorized access to or use of Facilitator’s server and/or any and all personal information stored therein,
4. any interruption or cessation of transmission to or from the Services,
5. any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through the Services, through the action of an third party,
6. any loss of User’s data or Content from the Services and/or,
7. an errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services.
Any material downloaded or otherwise obtained through the use of the Services is done at User’s own discretion and risk and the User will be solely responsible for any damages to User’s computer system or other device or loss of data that results from the download of any such materials. The Facilitator Parties will not be a party to or in any way be responsible for monitoring any transaction between the User and third party providers of products or services.

Contact Us at :-

ordereatenjoy20@gmail.com

Terms and Conditions

ORDER EAT ENJOY - USER AGREEMENT