TERMS & CONDITIONS
With respect to the subject cited above matter, kindly read carefully and understand the terms and conditions set out below before ordering any Foods or Services from our website "www.hansmukh.com". By ordering any Foods or Services from our website, by phone, or by our mobile application you having agreed to be bound by our Terms and Conditions.
The term “USER" here is described as “you”, “your” and “yours” are references to the person accessing this Website and ordering any Foods or Services from the Website or from any other channel provided by Hans Mukh website & “we”, “us”, “our”, and “Hans Mukh” are references to the registered Partnership Firm. “we”, “us”, “our”, and “Hans Mukh” are references to the registered Partnership Firm.
Our online food delivery system is relatedto the following Terms and Conditions also denotes:
Orderings (for food delivery and services)
* Any contact for the supply of Food Delivery from our Website is between you and the Participating Restaurant; for the supply of Foods or Services from our Website any contact is between you and Hans Mukh. You agree to take particular care when providing us with your details so 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 payments.
* The food delivered, Goods and Services purchased from our 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.‘Please' note that some of the Goods may be suitable for certain age ranges only. You should check that the products you are ordering from our website or app is suitable for the intended recipient. While ordering from our Web site user may be required to provide an e-mail address and password. User must ensure that user keep the combination of these details secure and do not provide this information to a third party.
* ‘Hans Mukh’ 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.
* Orders of any kind that you place with us are subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. When a user (you) place his/her order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so those users have confirmation of their 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 your order. Once we have sent the confirmation email we will check availability and delivery capacity.
* Though the ordered Food Delivery and delivery capacity is available, the Participating Restaurant will accept the contract and confirm it to Hans Mukh. If the details of the order are correct, the contract for the Food Delivery, Foods or Services will be confirmed by text message (SMS).
* In the case that Goods offered by Hans Mukh were ordered, Hans Mukh will confirm availability together with or separately from Food Delivery. 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.
* Unfortunately if ever the Food Delivery 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.
Prices and Payment
Any agreement for the supply of Food Delivery from our Website is between you and the Participating Restaurant; for the supply of Foods or Services from this Website any contact is between 'you' and 'Hans Mukh '. You agree to take particular care when providing us with your detail sand 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.
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 Foods or Services available for sale on the Website and to stop listing restaurants, Foods or Services. Prices listed on the Website for Food Delivery by the Participating 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.
* Prices for delivery by Hans Mukh or a third party provider assigned by Hans Mukh listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future.
* The total price for Food Delivery, Foods 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 for online payment it should be accepted also (e.g.credit or debit card).
* While 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.
* The prices reflected on the website/mobile application/email are determined solely by the Participating Restaurant and informed to Hans Mukh 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.
* 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 Hans Mukh is merely collecting the same on behalf of such Participating Restaurant. The entire amount of applicable taxes collected by Hans Mukh is directly remitted as it is to Participating Restaurants and Hans Mukh does not retain any amounts thereof.
* ‘Hans Mukh’ is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Restaurant. Hans Mukh 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 Participating Restaurant. The prices reflected on the website/mobile application are determined solely by the Participating Restaurant and informed to Hans Mukh 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. The transaction of sale of food or food items is between Participating Restaurant and the customer, and accordingly, Hans Mukh is not liable to charge or deposit any taxes applicable on such transaction.
* The final tax invoice will be issued by the Participating Restaurant and delivered to the customer along with the order.
Ordering & Service of Delivery
* Delivery periods quoted at the timeof ordering are approximate only and may vary. Goods will be delivered to theaddress designated by you at the time of ordering.
* While food is prepared by theParticipating Restaurant and handover it to the delivery personnel its sole responsibility of the both (participatingrestaurant & delivery personnel) to provide Food Delivery in a timelymanner.
* In the case delivery is done by HansMukh, we will give great care to deliver in a timely manner. No responsibilityis taken for late delivery by Hans Mukh in either case. All orders aredelivered by a reputable courier. We and the Participating Restaurant will makeevery effort to deliver within the time stated; however, we will not be liablefor any loss caused to you by ordering late. If the Goods are not deliveredwithin the estimated delivery time quoted by us, please contact theparticipating restaurant first. You may also contact us by telephone or emailand we will try to ensure that you receive your order as quickly as possible.
* In case of a late delivery, thedelivery charge will neither be voided nor refunded by Hans Mukh. All risk inthe Goods and the Food Delivery shall be passing to you upon delivery. If youfail to accept delivery of Food Delivery and/or Goods at the time they areready for delivery, or we are unable to deliver at the nominated time due toyour failure to provide appropriate instructions, or authorizations, then suchgoods shall be deemed to have been delivered to you and all risk andresponsibility in relation to such goods shall pass to you. Any storage,insurance and other costs which we incur as a result of the inability todeliver shall be your responsibility and you shall indemnify us in full forsuch cost.
* You must ensure that at the time ofdelivery of Food Delivery and/or Goods adequate arrangements, including accesswhere necessary, are in place for the safe delivery of such goods. We cannot beheld liable for any damage, cost or expense incurred to such goods or premiseswhere this arises as a result of a failure to provide adequate access orarrangements for delivery.
* The Participating restaurants, whowill prepare your order, aim
to deliver the product to you at the place of deliveryrequested by you in your order;
to deliver within thetime confirmed by the restaurant;
to inform you if theyexpect that they are unable to meet the estimated delivery time.
* Participating Restaurants and weshall not be liable to you for any losses, liabilities, costs, damages, chargesor expenses arising out of late delivery.
* Please note that it might not bepossible for Participating Restaurants to deliver to some locations. If this isthe case, our Participating Restaurants or we will inform you using the contactdetails that you provide to us when you make your order and arrange forcancellation of the order or delivery to an alternative delivery address.
* Single ordermeans, in single days you can choose any food items in multiple or single wayand Multiple order means, in multipledays you can choose any food items in multiple or single way.
Cancellation & Refund
* You must notify the participatingrestaurant immediately if you decide to cancel your order, preferably by phone,and quote your order number. If the restaurant accepts your cancellation, nocancellation fee applies. If the restaurant refuses cancellation, e.g. becausepreparation of Food Delivery has been completed and/or delivery personnel hasalready been dispatched, it may not be cancelled. We will not be able to refundany order, which has been already dispatched.
* We may cancel a contract if theproduct is not available for any reason. We will notify you if this is the caseand return any payment that you have made.
* If the cancellation was made in timeand once the restaurant has accepted your cancellation, we will refund orre-credit your debit or credit card with the full amount within 14 days, whichincludes the initial delivery charge (where applicable) which you paid for thedelivery of the Goods or the Services, as applicable.
* In the unlikely event that theParticipating Restaurant delivers a wrong item, you have the right to rejectthe delivery of the wrong item and you shall be fully refunded for the missingitem. If the Participating Restaurant can only do a partial delivery (a fewitems might be not available), its staff should inform you or propose areplacement for missing items. You have the right to refuse a partial orderbefore delivery and get a refund. We are not responsible for wrong or partialdelivery. The issue has to be settled directly with the ParticipatingRestaurant.
* Where we have requested informationfrom you to provide Food Delivery, Foods or Services you agree to provide uswith accurate and complete information. You authorize us to use, store orotherwise process your personal information in order to provide the FoodDelivery, Foods or Services to you and for marketing and credit controlpurposes (the "Purpose").
* You are entitled to request a copy ofthe personal information we hold on you. Please contact us if you wish torequest this information.
* There may be a number of links on ourWebsite to third party Websites which we believe may be of interest to you. Wedo not represent the quality of the Foods or Services provided by such thirdparties nor do we have any control over the content or availability of suchsites. We cannot accept any responsibility for the content of third partyWebsites or the Services or Goods that they may provide to you.
* We take complaints very seriously andaim to respond to your complaints within 5 business days. All complaints shouldbe addressed to firstname.lastname@example.org or call on 7739918344.
Limitation of Liability
* Great care has been taken to ensurethat the information available on this Website is correct and error free. Weapologize for any errors or omissions that may have occurred. We cannot warrantthat use of the Website will be error free or fit for purpose, timely, thatdefects will be corrected, or that the site or the server that makes itavailable are free of viruses or bugs or represents the full functionality,accuracy, reliability of the Website and we do not make any warrantywhatsoever, whether express or implied, or accuracy relating to fitness forpurpose.
* We disclaim any and all liability toyou for the supply of the Food Delivery, Goods and Services to the fullestextent permissible under applicable law. This does not affect your statutoryrights as a consumer. If we are found liable for any loss or damage to you suchliability is limited to the amount you have paid for the relevant Foods orServices. We cannot accept any liability for any loss, damage or expense,including any direct or indirect loss such as loss of profits to you, howsoeverarising. This limitation of liability does not apply to personal injury ordeath arising as a direct result of our negligence.
* We do not accept any liability forany delays, failures, errors or omissions or loss of transmitted information,viruses or other contamination or destructive properties transmitted to you oryour computer system via our Website.
* We shall not be held liable for anyfailure or delay in performing Services or delivering Goods where such failurearises as a result of any act or omission, which is outside our reasonable controlsuch as all overwhelming and unpreventable events caused directly andexclusively by forces of nature that can be neither anticipated, norcontrolled, nor prevented by the exercise of prudence, diligence, and care,including but not limited to: war, riot, civil commotion; compliance with anylaw or governmental order, rule, regulation or direction and acts of thirdparties.
* If we have contracted to provideidentical or similar order to more than one Customer and are prevented fromfully meeting our obligations to you by reason of an Event of Force Majeure, wemay decide at our absolute discretion which orders we will fill and to whatextent.
* The goods sold by us are provided forprivate domestic and consumer use only. Accordingly, we do not accept liabilityfor any indirect loss, consequential loss, and loss of data, loss of income orprofit, loss of damage to property and/or loss from claims of third partiesarising out of the use of the Website or for any products or services purchasedfrom us.
* We have taken all reasonable steps toprevent Internet fraud and ensure any data collected from you is stored assecurely and safely as possible. However, we cannot be held liable in theextremely unlikely event of a breach in our secure computer servers or those ofthird parties.
* In the event Hans Mukh has areasonable belief that there exists an abuse of vouchers and/or discount codesor in suspected instances of fraud, Hans Mukh may cause the shopper or customerto be blocked immediately and reserves the right to refuse future service.Additionally, should there exist an abuse of vouchers or discount codes, Hans Mukhreserves the right to seek compensation from any and all violators.
* Offers are subject to Hans Mukhdiscretion and may be withdrawn at any time and without notice.
* All prices are in Indian Rupees. GSTis included where indicated. We may subcontract any part or parts of theServices or Goods that we provide to you from time to time and we may assign ornovate any part or parts of our rights under these Terms and Conditions withoutyour consent or any requirement to notify you. We may alter or vary the Termsand Conditions at any time without notice to you.
* Payment must be made either at thetime of ordering the Food Delivery, Foods or Services from us by credit card orat the time of delivery by cash. Failure to pay on time will result in thecancellation of your order.
* Do not use or launch any automatedsystem or program in connection with our website or its online orderingfunctionality.
* Kindly never gather any personallyidentifiable information from the website, neither use our communicationsystems provided by the website for any commercial purposes. Do not publish ordistribute any vouchers or codes in connection with the website, nor scrape orhack the website as it is a punishable offense under cyber crime act.
* If any term or condition of ourAgreement shall be regard invalid, illegal or not enforceable, the partieshereby agree that such term or condition shall be regard to be rectified andthe Agreement shall be continued in force without such term or condition.
* These Terms and Conditions and ourAgreement shall be governed by and construed in accordance with the laws ofIndia. The parties hereto submit to the exclusive jurisdiction of the courts ofIndia.
* No delay or failure on our part toenforce our rights or remedies under the Agreement shall constitute a waiver onour part of such rights or remedies unless such waiver is confirmed in writing.
* Customers placing order with Hans Mukhare liable of receiving promotional SMS, irrespective of their number beingregistered under NDNC. If customer wishes to not receive promotional SMS, theymay contact us on email@example.com.
* These Terms and Conditions and acontract (and all non-contractual obligations arising out of or connected tothem) shall be governed and construed in accordance with India Laws. Both weand you hereby submit to the non-exclusive jurisdiction of the India Courts.All dealings, correspondence and contacts between us shall be made or conductedin the English language.
* The voucher calculation is subject toHans Mukh discretion and may be altered at any time and without notice. Thediscount voucher shall be applied on the base price of food, it’s notapplicable for the any/all of the components like as taxes or other additionalcharges.
* Any Service Fee/Delivery Fee chargedby Hans Mukh is subject to prevailing GST Rates. Rates under the GSTregime have recently been notified. The restaurants are currently examining thetax ability of their supplies. Hans Mukh hence, does not bear anyresponsibility on the taxes charged by the restaurant in the interim period.
* User will have agree with our offerspolicy which is given in app or interface we can change it in future withoutinform to you.
* Hans Mukh has environmentalawareness, i.e. Participating Restaurants should use biodegradable products forfood packaging. If Participating Restaurants are doing not maintain thispackaging policies then Hans Mukh do not responsible for any type of the causeof death or major medical health problems etc.
*For participating restaurants packing is thereresponsibility, if there is any damage in packing facility Hans Mukh is notresponsible. Restaurant is responsible.