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.
We are foodromeo.com, a brand of ARN Delicacy LLP, unless otherwise stated.
- "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 foodromeo.com;
- "we", "us", "our", and "foodromeo" are references to the Company;
- "Goods" is a reference to any goods which we may offer for sale from our Website from time to time;
- "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
- Restaurant is the participating Kitchen which has agreed to prepare the food and make it available via our website. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which are provided by us
- "Website" is a reference to our Website http://www.foodromeo.com or our mobile applications on which we offer our Goods or Services.
- 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.
- 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.
- 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.
- 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.
- Any order that you place with us is subject to product availability and acceptance by us and the Restaurant and our delivery capacity. When you place your order online, we will send you an intimation to confirm that we have received it. This intimation 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 will be able to fulfil your order. Once we have sent the confirmation email we will check availability and delivery capacity.
- If the ordered Food Delivery is available, the Restaurant will accept the contract and confirm it to foodromeo.com.
- 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.
Prices and Payment
- You 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.
- All prices listed on the Website are correct at the time of publication and have been input as received from the restaurant; While we take 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.
- 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.
- All fees/charges by foodromeo.com or a third party provider assigned by foodromeo.com 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, Goods or Services ordered, fees and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods despatched 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, e-wallet.
- If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your payment 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.
- Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address provided by you at the time of ordering.
- In the case delivery is done by foodromeo.com or a third party delivery partner assigned by foodromeo.com, we will take great care to deliver in a timely manner. No responsibility is taken for late delivery by foodromeo.com in case of instances, situations beyond our control. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
- If you fail to accept delivery at the time they are ready for delivery, or we are unable to deliver at the indiacted 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 cost.
- You must ensure that at the time of delivery adequate arrangements, including access where necessary, are in place for the safe delivery of the 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.
- Restaurants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
- Please note that it might not be possible to deliver to some locations. If this is the case, 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;
- You must notify us immediately (within 5 minutes) if you decide to cancel your order, preferably by phone, and quote your order number. If the preparation of food has been completed and/or delivery personnel has already been dispatched, order may not be cancelled. We will not be able to refund payments for any order, which has been already dispatched.
- Any orders placed a part of an active Subscription to the good/services provided on our website cannot be cancelled. No Refund will be processed against such cancellations.
- We may cancel an order 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 for such order.
- In the unlikely event that a wrong item is delivered, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item.
- Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
There may be a number of 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.
We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to firstname.lastname@example.org
Limitation of Liability
- Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions 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.
- We disclaim any and 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.
- 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.
- 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.
- 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.
- 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.
- 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.
- In the event foodromeo.com has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, foodromeo.com 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, foodromeo.com reserves the right to seek compensation from any and all violators.
- Offers are subject to Foodromeo.com's discretion and may be withdrawn at any time and without notice.
- All prices are in Indian Rupees. Taxes are included where indicated
- 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 any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
- We may alter or vary the Terms and Conditions at any time without notice to you.
- 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.
- Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
- 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.
- 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.
- 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.
- 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.
- 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.