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TERMS OF USE

1. These terms of use (the “Terms of Use”) govern your use of our website www.DesiDibba.com (the “Website”) and our “Desi Dibba” application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the (“Services”). Please read these Terms of Use carefully before you download, install or use the Services. If you do not agree to these Terms of Use, you may not install, download or use the Services. By installing, downloading or using the Services, you signify your acceptance to the Terms of Use and Privacy Policy (being hereby incorporated by reference herein) which takes effect on the date on which you download, install or use the Services, and create a legally binding arrangement to abide by the same.

2. The Services is operated and owned by MARAM SOFTWARE PRIVATE LIMITED (hereinafter referred to as “Desi Dibba”, “we”, “us” or “our”), a company registered in Hyderabad.

3. We reserve the right to change the Terms of Use and Privacy Policy at any time without notice posting changes on the Website and you shall be liable to update yourself of such changes, if any, by accessing the changes on the Website. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the Privacy Policy and note the changes made on the Website. Your continued usage of the Services after any change is posted constitutes your acceptance of the amended Terms of Use and Privacy Policy.

How the Services and Service works

We are a delivery service provider providing you an online platform to (a) order food online from the list of home chefs and our restaurant Desi Dibba (“Food service providers”); (b) pre- pay for your food order by maintaining a balance in the app through banking channels made available to you on the Services.

Our responsibilities are limited to: (i) facilitating the availability of the Services; and (ii) serving as the limited agent of each Food service provider for the purpose of accepting payments from you for your online food order and delivering your order.

We do not own or employ the agent(s) providing delivery services. These agent(s) may be independent contractors or third party services. Desi Dibba does not guarantee the suitability, behavior, safety or ability of such contractors or third party service providers. Desi Dibba accepts no liability for any errors or omissions, whether on behalf of itself or third parties. Please note that there could be risks in dealing with persons or people acting under false pretence.

Desi Dibba does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Food Service Providers. You are advised to independently verify the bona fides of any particular Provider that you choose to deal with on the Platform and use your best judgment in that behalf.

Bookings and Financial Terms

The Services allows you to make food order bookings and we will, subject to the terms and conditions set out herein, deliver the same to you.

You understand that any order that you place shall be subject to the restrictions and limitations set out in this Terms of Use including, but not limited to, product availability and delivery location.

However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) the first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention. Deliveries will be made in the delivery time slot for that meal as indicated in the Desi Dibba app which may be subject to change without prior notice.

In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order. We will inform you and try to replace the order with the closest possible alternative. At this time any change or confirmation of the order shall be treated as final and we will receive an email confirming the change in order. It is clarified that in the event you are unavailable on the phone at the time we are confirming the order, we will cancel your order and the provisions of the cancellation and refund policy below shall be applicable.

You acknowledge and agree that we act as the Food service provider’s payment agent for the limited purpose of accepting payments from you on behalf of the Food service provider. Upon your payment of amounts to us, which are due to the Food service provider, your payment obligation to the Food service provider for such amounts is completed, and we are responsible for remitting such amounts, to the Food service provider. You shall not, under any circumstances whatsoever, make any payment directly to the Food service provider.

You agree to pay us for the total amount for any booking made. We will collect the total amount in accordance with the terms and conditions of these Terms of Use and the pricing terms set forth in the applicable menu listing for the particular Food service provider. Please note that we cannot control any amount that may be charged to you by your bank related to our collection of the total amount, and we disclaim all liability in this regard.

In connection with your order, you 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. You agree to pay us for any confirmed bookings in accordance with these Terms by one of the methods described on the Services– e.g. by a credit card. You hereby authorize 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 Services. If you are directed to our third party payment processor, you 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 services. Once you’re confirmed booking transaction is complete you will receive a confirmation email summarizing your confirmed booking.

Terms of service

You agree and acknowledge that we shall not be responsible for:

(a) The services or goods provided by the Food service provider including, but not limited, serving of food orders suiting your requirements and needs.

(b) The Food service provider’s services or goods not being up to your expectations or leading to any loss, harm or damage to you.

(c) The avialability or unavailability of certain items on the menu.

(d) The Food service provider serving the incorrect orders.

The details of the menu and price list available on the Services are based on the information provided by the Food service provider and we shall not be responsible for any change or cancellation or unavailability.

You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.

You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.

Your order will be only delivered to the address designated by you at the time of placing the order on the services. You may change your delivery address subject to the following conditions and implications:

(i)Delivery location changes may be requested only through the Desi Dibba App.

(ii)We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location may not adhere to the delivery slot and shall be at our sole discretion.

You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.

You understand that our liability ends once your order has been delivered to you.

Only individuals who are 18 years of age or older may use the Services. If you are under 18 years of age and you wish to download, install, access or use the Services, your parents or legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Privacy Policy, you shall immediately discontinue its use.

If you choose to use the Services, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide as part of our security procedures as confidential and not disclose the same to any person or entity other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to disable any user identification code or password if you have failed to comply with any of the provisions of these Terms of Use.

As we are providing services in the city of Madhapur ,Hyderabad, we have complied with applicable laws of India in making the Services and its content available to you. In the event the Service is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Services and its contents are available or otherwise suitable for use outside Hyderabad. If you choose to access or use the Services from or in locations outside Hyderabad, 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 Privacy Policy to the attention of all such persons accessing the Services on your computer or mobile device.

You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Services requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Services and we shall not, under any circumstances whatsoever, be responsible or liable for such costs.

You agree to receive promotional SMS’s from Desi Dibba or allied partners. In case you wish to opt out of receiving promotional SMS’s please contact Desi Dibba.

By using the Services you represent and warrant that:

(i) All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.

(ii) Your use of the Services shall be solely for your personal use and you shall not authorize others to use your account, including your profile or email address and that you are solely responsible for all content published or displayed through your account, including any email messages, and your interactions with other users and you shall abide by all applicable local, state, national and foreign laws, treaties and regulations, including those related to data privacy, international communications and the transmission of technical or personal data.

(iii) You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.

(iv) All necessary licenses, consents, permissions and rights are owned by you and there is no need for any payment or permission or authorization required from any other party or entity to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights and / or other proprietary rights contained in any content that you submit, post, upload, distribute or otherwise transmit or make available.

(v) You will not (a) use any services provided by the Services for commercial purposes of any kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or solicit others (including, without limitation, solicitations for contributions or donations) or use any public forum for commercial purposes of any kind. In the event you want to advertise your product or service contact Desi Dibba.

(vi) You will not use the Services in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.

(vii) You will not post, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Services.

(viii) You will not use another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph or impersonate any person or entity or misrepresent your identity or affiliation with any person or entity.

(ix) You will not engage in any form of antisocial, disrupting, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly understood and used on the Internet.

(x) You will not delete or modify any content of the Services, including but not limited to, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify.

(xi) You will not post or contribute any information or data that may be obscene, indecent, pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful, harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory, untrue or political or contrary to our interest.

(xii) You shall not access the Services without authority or use the Services in a manner that damages, interferes or disrupts:

 (a) any part of the Services or the Services software.

 (b) any equipment or any network on which the Services is stored or any equipment of any Third Party.


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