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.
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.
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.
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.
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 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.
(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.