Terms and conditions
Terms & Conditions
Please read the terms and conditions
(“Terms and Conditions”) set out below carefully before ordering any Goods or
Services from this Website. By ordering any Goods or Services from this
Website, by phone, or by our mobile applications you agree to be bound by these
Terms and Conditions.
Section
1: Introduction We are Hello Tiffin, a brand of https://www.hellotiffin.com unless otherwise stated.
Section 2: Definitions
- 2.1. “Agreement” is a reference to
these Terms and Conditions, the Privacy Policy, any order form and payment
instructions provided to you.
- 2.2. “Privacy Policy” means the
policy displayed on our website which details how we collect and store
your personal data.
- 2.3. “you”, “your” and “yours” are
references to you the person accessing this Website and ordering any Goods
or Services from the Website or from any other channel provided by Hello Tiffin.
- 2.4. “we”, “us”, “our”, and “Hello Tiffin”
are references to the Company.
- 2.5. “Goods” is a reference to any
goods which we may offer for sale from our website from time to time.
- 2.6. “Service” or “Services” is a
reference to any service which we may supply and which you may request via
our website.
- 2.7. “Participating Restaurant” is
a third party, which has agreed to co-operate with the Company to prepare
and/or deliver the Goods or Services.
- 2.8. “Food Delivery” is a reference
to perishable goods and to any form of delivery service, which both are
provided by our Participating Restaurants and for both of which our
Participating Restaurants take full responsibility; and
- 2.9. “Website” is a reference to
our website http://www.hellotiffin.com or our mobile applications on which
we offer our Goods or Services.
Section
3: Ordering
- 3.1. Any contract for the supply of
Food Delivery from this Website is between you and the Participating Home
Chef/ Restaurant; for the supply of Goods or Services from this Website
any contact is between you and Hello Tiffin. You agree to take particular
care when providing us with your details and warrant that these details
are accurate and complete at the time of ordering. You also warrant that
the credit or debit card details that you provide are for your own credit
or debit card and that you have sufficient funds to make the payment.
- 3.2. Food Delivery, Goods and
Services purchased from this Website are intended for your use only and
you warrant that any Goods purchased by you are not for resale and that
you are acting as principal only and not as agent for another party when
receiving the Services.
- 3.3. Please note that some of our
Goods may be suitable for certain age ranges only. You should check that
the product you are ordering is suitable for the intended recipient.
- 3.4. When ordering from this
Website you may be required to provide an e-mail address and password. You
must ensure that you keep the combination of these details secure and do
not provide this information to a third party.
- 3.5. We will take all reasonable
care, in so far as it is in our power to do so, to keep the details of
your order and payment secure, but in the absence of negligence on our
part we cannot be held liable for any loss you may suffer if a third party
procures unauthorized access to any data you provide when accessing or
ordering from the Website.
- 3.6. Any order that you place with
us is subject to product availability, delivery capacity and acceptance by
us and the Participating Restaurant. When you place your order online, we
will send you an email to confirm that we have received it. This email confirmation
will be produced automatically so that you have confirmation of your order
details. You must inform us immediately if any details are incorrect. The
fact that you receive an automatic confirmation does not necessarily mean
that either we or the Participating Restaurant will be able to fill in
your order. Once we have sent the confirmation email, we will check
availability and delivery capacity.
- 3.7. If the ordered Food Delivery
and delivery capacity is available, the Participating Restaurant will
accept the contract and confirm it to Hello Tiffin. If the details of the
order are correct, the contract for the Food Delivery, Goods or Services
will be confirmed by text message (SMS).
- 3.8. In the case that Goods offered
by Hello Tiffin were ordered, Hello Tiffin will confirm availability
together with or separately from Food Delivery.
- 3.9. The confirmation message will
specify delivery details including the approximate delivery time specified
by the Participating Restaurant and confirm the price of the Food
Delivery, Goods and Services ordered.
- 3.10. If the Food Delivery and/or
Goods are not available or if there is no delivery capacity, we will also
let you know by text message (SMS) or phone call.
Section
4: Prices and Payment
- 4.1. Any contract for the supply of
Food Delivery from this Website is between you and the Participating Home
Chef/ Restaurant; for the supply of Goods or Services from this Website
any contact is between you and Hello Tiffin. You agree to take particular
care when providing us with your details and warrant that these details
are accurate and complete at the time of ordering. You also warrant that
the credit or debit card details that you provide are for your own credit
or debit card and that you have sufficient funds to make the payment.
- 4.2. All prices listed on the
Website are correct at the time of publication and have been input as
received by the restaurant; While we give great care to keep them up to
date, the final price charged to you by the restaurant can change at the
time of delivery based on the latest menu and prices of the restaurant. We
also reserve the right to alter the Goods or Services available for sale
on the Website and to stop listing restaurants, Goods or Services.
- 4.3. All prices listed on the
Website for Food Delivery by the Participating Home Chef/ Restaurant
reflect the price the Participating Restaurant charges at the time of
listing. In case the price listed is not current and the restaurant
informs us immediately after placing the order, we will put our best
effort to contact you to inform you about the price difference and you can
choose to opt-out of the order at that time.
- 4.4. All prices for delivery by
Hello Tiffin or a third-party provider assigned by Hello Tiffin listed on
the Website are correct at the time of publication, however, we reserve
the right to alter these in the future
- 4.5. The total price for Food
Delivery, Goods or Services ordered, including delivery charges and other
charges, will be displayed on the Website when you place your order. Full
payment must be made for all Goods dispatched and Services provided.
Payment has to be made in cash or, if available on the website, by online
payment, e.g. credit or debit card.
- 4.6. If you choose online payment,
you must pay for your order before it is delivered. To ensure that
shopping online is secure, your debit/credit card details will be
encrypted to prevent the possibility of someone being able to read them as
they are sent over the internet. Your credit card company may also conduct
security checks to confirm it is you placing the order.
- 4.7. The prices reflected on the
website/mobile application/email are determined solely by the
Participating Restaurant and informed to Hello Tiffin at the time of
listing or afterwards. Any change in the prices of menu at the time of
placing order is at the sole discretion of the Participating restaurant.
- 4.8. All applicable taxes and
levies, the rates thereof and the manner of applicability of such taxes
are being charged and determined by the Participating Restaurant and Hello
Tiffin is merely collecting the same on behalf of such Participating
Restaurant.
- 4.9. The entire amount of
applicable tax collected by Hello Tiffin is directly remitted as it is to
Participating Restaurants and Hello Tiffin does not retain any amounts
thereof
- 4.10. Hello Tiffin, is not
responsible for validating the legal sanctity of the applicable taxes and
the manner of its applicability on behalf of the Participating Restaurant.
Hello Tiffin holds no responsibility for the legal correctness/validity of
the levy of such taxes. The sole responsibility for any legal issue
arising from the taxes shall reside with the Participating Restaurant.
- 4.11. The prices reflected on the
website/mobile application are determined solely by the Participating Home
Chef/ Restaurant and informed to Hello Tiffin at the time of listing. Any
change in the prices of menu at the time of placing order is at the sole
discretion of the Participating restaurant.
- 4.12. The transaction of sale of
food or food items is between Participating Restaurant and the customer,
and accordingly, Hello Tiffin is not liable to charge or deposit any taxes
applicable on such transaction
- 4.13. The final tax invoice will be
issued by the Participating Restaurant and delivered to the customer along
with the order
Section
5: Delivery
- 5.1. Delivery periods quoted at the
time of ordering are approximately only and may vary. Goods will be
delivered to the address designated by you at the time of ordering.
- 5.2. If delivery is done by the
Participating Restaurant, it is the Participating Home Chef/ Restaurants’
sole responsibility to provide Food Delivery in a timely manner.
- 5.3. In the case delivery is made
by Hello Tiffin, we will take great care to deliver in a timely manner. No
responsibility is taken for late delivery by Hello Tiffin in either case.
- 5.4. All orders are delivered by a
reputable courier. We and the Participating Restaurant will make every
effort to deliver within the time stated, however, we will not be liable
for any loss caused to you by ordering late. If the Goods are not
delivered within the estimated delivery time quoted by us, please contact
the participating restaurant first. You may also contact us by telephone
or email, and we will try to ensure that you receive your order as quickly
as possible.
- 5.5. In case of a late delivery, the
delivery charge will neither be voided nor refunded by Hello Tiffin.
- 5.6. All risk in the Goods and the
Food Delivery shall pass to you upon delivery.
- 5.7. If you fail to accept delivery
of Food Delivery and/or Goods at the time they are ready for delivery, or
we are unable to deliver at the nominated 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. Any storage, insurance and other
costs which we incur as a result of the inability to deliver shall be your
responsibility and you shall indemnify us in full for such a cost.
- 5.8. You must ensure that at the
time of delivery of Food Delivery and/or Goods adequate arrangements,
including access where necessary, are in place for the safe delivery of
such goods. We cannot be held liable for any damage, cost or expense
incurred to such goods or premises where this arises as a result of a
failure to provide adequate access or arrangements for delivery.
- 5.9. Participating in restaurants,
who will prepare your order, aim
- 5.9.1. to deliver the product to you
at the place of delivery requested by you in your order.
- 5.9.2. to deliver within the time
confirmed by the restaurant.
- 5.9.3. to inform you if they expect
that they are unable to meet the estimated delivery time.
- 5.10. Participating Restaurants and
we shall not be liable to you for any losses, liabilities, costs, damages,
charges or expenses arising out of late delivery.
- 5.11. Please note that it might not
be possible for Participating Home Chef/ Restaurants to deliver to some
locations. If this is the case, our Participating Restaurants or we will
inform you using the contact details that you provide to us when you make
your order and arrange for cancellation of the order or delivery to an
alternative delivery address.
Section
6: Cancellation
- 6.1. You must notify the
participating restaurant immediately if you decide to cancel your order,
preferably by phone, and quote your order number. If the restaurant
accepts your cancellation, no cancellation fee applies. If the restaurant
refuses cancellation, e.g. because preparation of Food Delivery has been
completed and/or delivery personnel has already been dispatched, it may
not be cancelled. We will not be able to refund any order which has been
already dispatched.
- 6.2. We may cancel a contract if
the product is not available for any reason. We will notify you if this is
the case and return any payment that you have made.
- 6.3. If the cancellation is made in
time and once the home chefs/ restaurant has accepted your cancellation,
we will refund or re-credit your debit or credit card with the full amount
within 14 days, which includes the initial delivery charge (where
applicable) which you paid for the delivery of the Goods or the Services,
as applicable.
- 6.4. In the unlikely event that the
Participating Restaurant delivers the wrong item, you have the right to
reject the delivery of the wrong item, and you shall be fully refunded for
the missing item. If the Participating Restaurant can only do partial
delivery (a few items might not be available), its staff should inform you
or propose a replacement for missing items. You have the right to refuse a
partial order before delivery and get a refund. We are not responsible for
wrong or partial delivery. The issue must be settled directly with the
Participating Home Chef/ Restaurant.
Section
7: Information
- 7.1. Where we have requested
information from you to provide Food Delivery, Goods or Services you agree
to provide us with accurate and complete information.
- 7.2. You authorize us to use, store
or otherwise process your personal information in order to provide the
Food Delivery, Goods or Services to you and for marketing and credit
control purposes (the “Purpose”). The Purpose may include the disclosure
of your personal information to selected third parties from time to time
where we believe that the services offered by such third parties may be of
interest to you or where this is required by law or in order to provide
the Food Delivery, Goods or Service to you. More information can be found
in our Privacy Policy.
- 7.3. You are entitled to request a
copy of the personal information we hold on you. Please contact us if you
wish to request this information.
Section
8: Linked Sites There may be several links on our Website to third party websites
which we believe may be of interest to you. We do not represent the quality of
the Goods or Services provided by such third parties nor do we have any control
over the content or availability of such sites. We cannot accept any
responsibility for the content of third-party Websites or the Services or Goods
that they may provide to you.
Section 9: Complaints We take complaints very seriously and aim to respond
to your complaints within 5 business days. All complaints should be addressed
to support@hellotiffin.com
Section 10: Limitation of Liability
- 10.1. Great care has been taken to
ensure that the information available on this Website is correct and error
free. We apologize for any errors that may have occurred. We cannot
warrant that use of the Website will be error free or fit for purpose,
timely, that defects will be corrected, or that the site or the server
that makes it available are free of viruses or bugs or represents the full
functionality, accuracy, reliability of the Website and we do not make any
warranty whatsoever, whether express or implied, relating to fitness for
purpose, or accuracy.
- 10.2. By accepting these terms of
use you agree to relieve us from any liability whatsoever arising from
your use of information from any third party, or your use of any third-party
website, or your consumption of any food or beverages from a Participating
Home Chefs/ Restaurant.
- 10.3. We disclaim all liability to
you for the supply of the Food Delivery, Goods and Services to the fullest
extent permissible under applicable law. This does not affect your
statutory rights as a consumer. If we are found liable for any loss or
damage to you such liability is limited to the amount you have paid for
the relevant Goods or Services. We cannot accept any liability for any
loss, damage or expense, including any direct or indirect loss such as
loss of profits to you, howsoever arising. This limitation of liability
does not apply to personal injury or death arising as a direct result of
our negligence.
- 10.4. We do not accept any liability
for any delays, failures, errors or omissions or loss of transmitted
information, viruses or other contamination or destructive properties
transmitted to you or your computer system via our website.
- 10.5. We shall not be held liable
for any failure or delay in performing Services or delivering Goods where
such failure arises as a result of any act or omission, which is outside
our reasonable control such as all overwhelming and unpreventable events
caused directly and exclusively by forces of nature that can be neither
anticipated, nor controlled, nor prevented by the exercise of prudence,
diligence, and care, including but not limited to: war, riot, civil
commotion; compliance with any law or governmental order, rule, regulation
or direction and acts of third parties.
- 10.6. If we have contracted to
provide identical or similar order to more than one Customer and are
prevented from fully meeting our obligations to you by reason of an Event
of Force Majeure, we may decide at our absolute discretion which orders we
will fill and to what extent.
- 10.7. The products sold by us are
provided for private domestic and consumer use only. Accordingly, we do
not accept liability for any indirect loss, consequential loss, loss of
data, loss of income or profit, loss of damage to property and/or loss
from claims of third parties arising out of the use of the Website or for
any products or services purchased from us.
- 10.8. We have taken all reasonable
steps to prevent Internet fraud and ensure any data collected from you is
stored as securely and safely as possible. However, we cannot be held
liable in the extremely unlikely event of a breach in our secure computer
servers or those of third parties.
- 10.9. In the event Hello Tiffin has
a reasonable belief that there exists an abuse of vouchers and/or discount
codes or in suspected instances of fraud, Hello Tiffin may cause the
shopper (or customer) to be blocked immediately and reserves the right to
refuse future service. Additionally, should there exist an abuse of
vouchers or discount codes, Hello Tiffin reserves the right to seek
compensation from any and all violators.
- 10.10. Offers are subject to Hello Tiffin’s
discretion and may be withdrawn at any time and without notice.
Section
11: General
- 11.1. All prices are in India
Rupees. GST is included where indicated
- 11.2. We may subcontract any part or
parts of the Services or Goods that we provide to you from time to time
and we may assign or innovate any part or parts of our rights under these
Terms and Conditions without your consent or any requirement to notify
you.
- 11.3. We may alter or vary the Terms
and Conditions at any time without giving notice to you.
- 11.4. Payment must be made either at
the time of ordering the Food Delivery, Goods or Services from us by
credit card or at the time of delivery by cash. Failure to pay on time
will result in the cancellation of your order.
- 11.5. Do not use or launch any
automated system or program in connection with our website or its online
ordering functionality.
- 11.6. Do not collect or harvest any
personally identifiable information from the website, use communication
systems provided by the website for any commercial solicitation purposes,
solicit for any reason whatsoever any users of the website with respect to
their submissions to the website, or publish or distribute any vouchers or
codes in connection with the website, or scrape or hack the website.
- 11.7. The Terms and Conditions
together with the Privacy Policy, any order form and payment instructions
constitute the entire agreement between you and us. No other terms whether
expressed or implied shall form part of this Agreement. In the event of
any conflict between these Terms and Conditions and any other term or
provision on the Website, these Terms and Conditions shall prevail.
- 11.8. If any term or condition of
our Agreement shall be deemed invalid, illegal or unenforceable, the
parties hereby agree that such term or condition shall be deemed to be deleted,
and the remainder of the Agreement shall continue in force without such
term or condition.
- 11.9. These Terms and Conditions and
our Agreement shall be governed by and construed in accordance with the
laws of India. The parties hereto submit to the exclusive jurisdiction of
the courts of India.
- 11.10. No delay or failure on our
part to enforce our rights or remedies under the Agreement shall
constitute a waiver on our part of such rights or remedies unless such
waiver is confirmed in writing.
- 11.11. Customers placing order with
Hello Tiffin are liable to receive promotional SMS, irrespective of their
number being registered under NDNC. If customer wish to not receive
promotional SMS, they may contact us on customercare@hellotiffin.com
- 11.12. These Terms and Conditions and
a contract (and all non-contractual obligations arising out of or
connected to them) shall be governed and construed in accordance with
India Laws. Both we and you hereby submit to the non-exclusive
jurisdiction of the India Courts. All dealings, correspondence and
contacts between us shall be made or conducted in the English language.
- 11.13. The voucher calculation is subject to Hello Tiffin’s discretion and may be altered at any time and without not