Please carefully read and adhere as you must agree to the following Terms of Service (herein “Terms”) if you wish to use www.foodbhandar.com or its affiliates through accessing the website or related mobile or software applications (Posvat Pvt. Ltd. Platform). By agreeing to these Terms, you conclude a legal bond Agreement/ Contract with Posvat Pvt. Ltd. or its affiliates/ subsidiaries (here after referred as Posvat).
You can accept the Terms by Clicking to accept or agree to the Terms of Service, wherever shown over the website by Posvat in GUI for Service or actually using the Services. However, in this case, you understand and agree that Posvat will treat your use of the Services as acceptance of the Terms of Service.
Foodbhandar seeks to ensure that information contained in these pages is accurate and that the platform is functional. However, The Company makes no representations as to accuracy, correctness, completeness, suitability, validity of any information on these pages and platform, and will not be liable for any errors, omissions, delay in the information contained in this pages or any other information accessed via this site, including without limitation, any information reached via links on this site to external sites, or any losses, injuries or damages arising from its display or use. All users are strongly encouraged to seek professional advice before relying on any information provided herein.
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FOODBHANDAR AND ALL AFFILIATED PARTNERS HARMLESS FROM ANY CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION, TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES INCLUDING ATTORNEYS' FEES ARISING FROM ANY SUBMISSIONS BY YOU OR THROUGH YOUR ACCOUNT.
In compliance with the Personal Data Protection Act 2010 ("The Act") and its regulations, this informs you of your rights with regards to your personal data that has been and/ or will be, collected and processed by us.
1. Collection and Processing of Personal Data
We have collected and will collect your personal data to be processed by us and/ or on your behalf in the course of your present or future dealings with Foodbhandar, its subsidiary(ies), its associated company(ies) ("we", "our", "us", or "company". Your personal data enables us to achieve the Purpose in Clause 3 herein that is in connection with our business.
2. Description of Personal Data
The personal data that you may provide include, but not limited to:-
We will use your personal data for the following purposes including but not limited to:
a. Products & Services
b. Internal Record & Marketing
c. Legal Compliance
We may obtain your personal data from the following sources including but not limited to:-
5. Class of Third Parties
You hereby consent and authorize us to disclose your personal data to the following categories of third parties:
6. Your Obligations
It is necessary for us to collect and to retain your personal data. It is also obligatory for you to supply your personal data to us in the most accurate manner. If you do not provide us with your personal data, we are unable to, process your personal data on your behalf, for the Purpose stated in clause 3 herein, or effectively render our services to you, and all relationships created or to be created between us shall then be terminated and ceased to be in effect immediately.
7. Your Rights
a. Right to request access to personal data
Subject to our rights of refusal under the Act, you are entitled to request access to your personal data that is processed by us with reasonable notice.
b. Right to request correction of personal data
Subject to our rights of refusal under the Act, you are entitled to request the correction of your personal data that is held by that is inaccurate, incomplete or out-of-date with reasonable notice.
c. Rights to limit processing of your personal data
You are entitled to limit our processing of your personal data by expressly withdrawing in full your consent given previously including for us to send any advertising and marketing materials or for direct marketing purposes subject to any applicable legal restrictions, contractual conditions and within a reasonable time period.
8. Contact to make inquiries and complaints regarding personal data
If you would like to know more about our processing of your personal data, you may contact us at Customer Support page.
In light of the recent outbreak of the Coronavirus we are taking precautionary measures to ensure you, our riders, and our customers all stay safe and healthy whilst continuing to enjoy your tasty food.
We have started rolling out the following measures in the upcoming days:
Awareness & education campaigns towards riders and customers based on government guidelines
Protective rider gear - we will be distributing protective gear sanitary wipes, and face/dust masks to all our riders and will ensure they understand how to properly use these
Free delivery for people in quarantined venues - in close cooperation with government & local health authorities
Donation for Corona Tests - the cost of a single test kit is very high and posvat is making a donation to finance these tests. We encourage you to join us in financially supporting the government in its great efforts to contain the situation.
Minimize Cash usage - Progressively, in case of a significant increase in Corona Virus cases, we would like to minimize the usage of cash, by promoting online payments to reduce touching and handling money
In addition, here are strict health guidelines on that you and your teams should adhere to at all times:
Do NOT go to work if you are not feeling well.
Avoid close contact with people who are sick.
Avoid touching your face - particularly with unwashed hands
Cover your cough or sneeze with a tissue, then throw the tissue in the trash.
Clean and disinfect all your equipment and gear frequently (at least 2-3 daily) with a household cleaning product
Wash your hands often with soap and water for at least 20 seconds, especially after going to the bathroom; before eating; and after blowing your nose, coughing, or sneezing.
Use an alcohol-based hand sanitizer if soap and water are not readily available
Please follow these food collection protocols when interacting with riders
HAND SANITIZERS - please provide hand sanitizers for staff and riders at collection points in your premises
PRIOR TO COLLECTION - Sanitize/wash your hands in between every order
COLLECTION - staff should handle order Items at the bottom of the bag to leave bag handles clean for customers
Should you have any further questions or concerns with regards to the above please contact your Account Manager. If you are concerned about your health please contact the health authorities immediately.
We will continue to provide you with updates and reminders to ensure everyone stays safe and stays healthy.
An order can be cancelled at any time within 5minutes of placing the order online through the website. Upon cancellation, www.foodbhandar.com will refund the total price of the order to the customer, to the credit or debit card used to place the order within ten working days excluding any charges incurred on the transaction.
However, the cancellation request will not be entertained if the orders have been communicated to the vendors/merchants and they have initiated the preparation of the food order.
There is no cancellation of orders placed under the urgent deliveries, mentioned while ordering or expressed verbally to the merchant restaurants or Foodbhandar team by the customer.
No cancellations are entertained for the orders placed under promotional offers, discounted prices offered by the (“Foodbhandar”) marketing team through its partner restaurants or any other entity. These are limited occasion offers and therefore cancellations are not possible.
1.1 Foodbhandar A Web application and electronic application developed under Posvat Private Limited in India with the business license no.
1.2 Posvat Private Limited “herein called as Posvat” has developed a system identified by the service mark "foodbhandar.com herein referred as Foodbhandar" and relates to the establishment and operation of an on line Marketplace concept, referred to as foodbhandar.com; in the business of online e-commerce product ordering and delivery server, and owns the website "foodbhandar.com" and related E-commerce applications.
1.3 Foodbhandar shall, on behalf of the MERCHANT:
1.4 Receive and transmit customers’ orders to the Merchant with the business license no. [xxxxxx], and registered address Pobox .72535 , India
1.5 Accept payments on behalf of the MERCHANT through "foodbhandar.com" affiliated Debit and/or Credit payment gateways (the “Payment Gateways”).
1.6 Provide and deliver Foodbhandar services, whereby " foodbhandar.com" online marketing place advertises the MERCHANTS business and/or services and/or products to the general public. Further described in the Terms and Conditions.
1.7 The MERCHANT owns and/or operates collectively; Restaurants, Supermarkets, Grocery stores, Pharmacies, Florists, Health and Beauty Salons, and Other businesses together. The MERCHANT agrees and authorizes Foodbhandar with the business license no. [xxxxxx], and registered address INDIA
1.8 Receive and transmit customers’ orders to the MERCHANTS named Business.
1.9 Accept payments on behalf of the MERCHANT through Foodbhandar Debit or Credit payment methods and gateways (the “Payment Gateways”).
2.1 The term Foodbhandar refers to "foodbhandar.com", affiliate of Dimensions Application L.L.C.
2.2 The term “MERCHANT” refers to the subscriber listed in section 1 of this agreement.
2.3 The term “Agreement” refers to this agreement.
2.4 The term “ORDER” refers to the Order placed by the consumer.
2.5 The term “Carrier” refers a third-party delivery provider.
3.1 This Letter of Agreement shall be governed by, and subject to, foodbhandar.com’s terms and conditions which are detailed and available for public viewing on ("foodbhandar.com") (the “Terms and Conditions”). For clarification purposes, the term “Agreement” as used herein shall collectively refers to this Letter of Agreement and the Terms and Conditions. By signing this Letter of Agreement, the Subscriber agrees to be bound by the Terms and Conditions.
3.2 The MERCHANT receives orders by [Select the appropriate option]:
3.3 Web-Dashboard Integrated to POS : Yes / No
*Dimensions is the preferred POS partner. Other POS solutions can be integrated on case by case basis.
3.4 Merchant App (No Device provided): Yes / No
4.1 If required and agreed, foodbhandar.com shall provide to the MERCHANT electronic devices the “Devices”) on a lease basis for the amount as stated in the below table, enabling the Subscriber to use the "foodbhandar.com" Software and receive Orders.
4.2 In the instance of the electronic devises not being returned to Foodbhandar upon the end-date of the lease, the MERCHANT is obliged to pay the amount of the electronic devices in the full value of the price mentioned in table, regardless of department
5.1 The MERCHANT agrees to pay Foodbhandar a monthly subscription fee of $ 100 on the basis the MERCHANT receives an accumulated amount of 60 orders or more per month.
5.2 In the circumstance the MERCHANT has multiple branches registered and using the services provided by Foodbhandar, each branch is deemed an individual listing.
5.3 In the circumstance the MERCHANT has multiple branches registered and using the services provided by Foodbhandar, each branch is deemed an individual listing.
5.4 The subscription fee explained in 4.1 of this Agreement applies to each of the MERCHANTS individual branches and not a combined calculation or fee.
6.1 The MERCHANT agrees to partake into foodbhandar Consumer Cashback scheme. Detailed as;
6.2 Each Order placed by the Consumer has a deduction of 5% from the net order value.
6.3 Consumer 5% Cashback is held in an e-wallet usable on Foodbhandar platform only.
6.4 The Consumer has the right to spend their accumulated 5% Cashback with a MERCHANT of their choosing
6.5 In the event the MERCHANT receives an order which is partly paid by the use of the Consumers e-wallet consisting of the 5% Cashback rewards scheme, 5% Cashback is not applicable on the Order.
7.1 The MERCHANT accepts to the Bank and Gateway Fees set at 3.5% + AED 1.5 per Order
7.2 Payment methods.
7.3 Available payment methods offered to the consumer to process the consumers order include:
7.3.1 Cash on delivery;
7.3.2 Electronic Payment Mechanism: (credit card/debit card/ net banking transfer and/ or e-wallets); and, Apple Pay or other authorised payment methods set-out by the Governments of India.
7.3.3 Redemption of vouchers and/or discount coupons (as applicable) approved by Foodbhandar
8.1 Payment settlement process for Electronic Payment Mechanism: Any order payment amount which is collected by Foodbhandar for, and on behalf of, the Merchant, through the Electronic Payment Mechanism, shall be passed on by Foodbhandar to the Merchant within a period of 7 business/ working days from the date of payment of the order payment amount by the Consumer, subject to the deduction of the following amounts by Foodbhandar, as applicable.
8.2 Flat fee for third party deliveries; if used.
8.3 The banks Gateway fees as stated in section 3 of this Agreement.
8.4 5% customer Cashback as stated in section 3 of this Agreement
9.1 Cash on delivery transactions that are completed using third-party delivery drivers will be collected on the Merchants behalf and reconciled with the Merchants account on seven (7) business/working day basis also considering the deduction of third-party delivery fees and the agreed 5% customer Cashback dues.
9.2 Cash payments collected by the Merchants own delivery driver solution is kept by the Merchant. The 5% guest Cashback shall be automatically deducted at the time of the consumer placing the order and added to the guests personal e-wallet.
10.1 Dependent on the selection made by the MERCHANT, where the MERCHANT has chosen to use third-party delivery drivers, the MERCHANT agrees to the following:
10.2 MERCHANT must immediately notify Foodbhandar of any eventualities, including unavailability or MERCHANT's inability to connect with the systems of third-party delivery drivers (“Carrier”).
10.3 MERCHANT is responsible for preparing the Orders for delivery in a form suitable for collection, transportation, and delivery by the Carrier.
10.4 The Carrier will deliver the Order to the applicable address as provided by the MERCHANT. The package shall be up to 10kg & L43cm X W43cm X H43cm for a scooter.
10.5 In case of any complaints from a Customer to the Carrier about the quality and quantity of the collected Order, this will be re-directed to the MERCHANT.
10.6 The Orders for Delivery may not include:
10.7 Counterfeit goods, products or Orders that are illegal, guns or weapons, living organisms or animals, medical waste, bullion, precious stones, currency, explosives, ammunition, human remains, ivory, narcotics, etc.; or
10.8 Goods, products or Orders which have been classified as hazardous, dangerous, prohibited, illegal and/or restricted.
10.9 The Carrier may reject a request for taking delivery where the delivery zone is outside the area where the Carrier does not deliver the above.
11.1 Where the MERCHANT has selected to use a third-party delivery Carrier, the Fee payable shall include the Delivery Charge payable to such third party. Any Delivery Charge payable by the MERCHANT will be paid by the MERCHANT to Foodbhandar and Foodbhandar will be responsible for paying the Carrier.
11.2 Foodbhandar will collect payment for all Orders from its Customers via the use of third party drivers. The MERCHANT authorises Foodbhandar to accept all Orders on the MERCHANT’s behalf and authorises Foodbhandar to advise Customers that it is authorised to do so and that payment to Foodbhandar will discharge the relevant Customer’s payment obligations to the MERCHANT.
11.3 The delivery charges set out by the third-party carrier are to be paid in full by the MERCHANT. This amount shall be deducted from the funds released by Foodbhandar seven (7) business/working days from collection.
12.1 When delivering the Order by the use of the MERCHANTS own delivery driver/service, the MERCHANT has the option of setting their own delivery fee payable by the consumer. If the method of payment is done so by the form of Electronic Payment Mechanism: (credit card/ debit card), via Foodbhandar platform, funds will be collected by Foodbhandar and released to the MERCHANT in 7 business/working days from the date of collection.
13.1 Carriers will only wait for up to fifteen (15) minutes at the pick-up location for the Order to be collected.
13.2 If the Carrier has been waiting at the pick-up location for fifteen (15) minutes or more, the Carrier will have no obligations to try and meet the required service levels including the time of delivery.
13.3 A Carrier will only wait for up to fifteen (15) minutes at the delivery location for the Customer.
13.4 If the Customer is unavailable to take possession of the Order within fifteen (15) minutes, the Carrier will return the Order to where it was collected from and Carrier will be entitled to charge the MERCHANT the relevant Fees as if the delivery had been completed as a result of the Carrier returning the Order to where it was collected from.
14.1 Any requests for cancellation or rescheduling must be done via the Foodbhandar website or app or Call Centre by selecting cancel within the MERCHANTs order history and are subject to the following terms:
14.2 If a Carrier has not yet been assigned to collect the Order by the time MERCHANT requested to cancel or reschedule it, MERCHANT may cancel or reschedule the request without charge;
14.3 If a Carrier has already been assigned to collect the Order and has either (i) already arrived at MERCHANT’s collection location or (ii) the request to collect was made more than fifteen (15) minutes before MERCHANT requested to cancel or reschedule it, MERCHANT will be charged the relevant Fee as if the delivery had been completed;
14.4 If a Carrier cannot complete a delivery due to an incorrect address, the Order exceeding the weight and/or dimension restrictions for the mode of transport selected, and/or for any other reason, the request to deliver will be canceled and MERCHANT will be charged the relevant Fee as if the delivery had been completed.
15.1 The MERCHANT may use “Offline Mode “only when they are unable to fulfil the Orders due to temporary lack of logistics fleet, or where there is a need to stop the delivery of an Order due to any emergency, or where the delivery is outside the usual operating hours of the MERCHANT Outlet
15.2 The MERCHANT may enable the “Offline Mode “only for a maximum of 1 hour at a time.
15.3 Foodbhandar will contact the MERCHANT whenever the MERCHANT is in “Offline Mode“ for more than an hour and turn the Outlet to “Online Mode” after this one hour unless otherwise agreed by the Parties to maintain “Offline Mode “
15.4 The MERCHANT shall not use “Offline Mode “during the Outlet’s peak hours unless otherwise agreed between the Parties. The Parties acknowledge and agree that a breach of this clause shall constitute a material breach of the Agreement.
16.1 Foodbhandar may terminate this agreement unilaterally at any time. Further details are provided in foodbhandar.com’s Terms and Conditions.
16.2 The Merchant has the right to terminate this Agreement granted 30 days written notice has been provided.
17.1 This Agreement shall be effective from the date first written on page 1 of this agreement and shall remain in full force and effect for a period of 1 year. The term of the Agreement shall automatically extend at the end of the initial term for a series of similar terms, unless either Party gives written notice of non-renewal to the other party, not later thirty (30) days before the end of the initial term (or subsequent terms).
18.1 No amendment, variation or supplement to this Letter of Agreement shall be effective unless it is in writing and signed by both Parties.
Any notice or other communication to be served under or in connection with this Agreement shall be made in writing and, unless otherwise stated, served in person or by post, fax or any electronic method approved by Parties to the relevant Party at its address or fax number shown immediately after its name on the signature page of this Agreement or such other address or number notified by it to the other Parties to this Agreement.
19.2 Effective Service.
Any notice or other communication served by registered post, personally or by courier will, unless otherwise stated, be effective on delivery if delivered to the relevant address. A notice or other communication sent by fax or any other electronic method will be effective when received in legible form.
19.3 Proof of Service.
In proving service of any notice or other communication it will be sufficient to prove In the case of a letter, that such letter was properly stamped, addressed and placed in the post or in the case of personal delivery, was left at the correct address and In the case of an email or fax transmission that email or fax was duly transmitted to the email or fax number, as appropriate, of the addressee referred to in Clause 1 of this Agreement.
19.4 Language of Communication.
Any notice given under or in connection with this Agreement will be in English.
20.1 Rights Cumulative.
The rights, powers and remedies provided for in this Agreement are cumulative and shall not exclude any other rights, powers and remedies provided by law.
No failure by either Party to exercise or any delay by either Party in exercising any right or remedy under this Agreement shall operate as a waiver of such right or remedy, nor shall any single or partial exercise of any right or remedy prevent any further or other exercise of such right or remedy or the exercise of any other right or remedy.
20.3 Entire Agreement
This Agreement contains the whole agreement between the Parties relating to the transactions contemplated herein and supersedes all previous agreements between the Parties relating to the same transaction.
If, at any time, any provision of this Agreement is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction neither the legality, validity or enforceability of the remaining provisions of this Agreement, nor the legality, validity or enforceability of such provision under the law of any other jurisdiction, shall in any way be affected or impaired.
This Agreement shall be binding on the Parties, their respective successors and permitted assigns, heirs and/or legal representatives.
Neither Party may assign or transfer any of its rights or obligations under this Agreement without the written consent of the other Party.
20.6 Third parties.
Except as otherwise expressly provided in this Agreement, the terms of this Agreement may be enforced only by a party to it.
Notwithstanding any term of this Agreement, no consent of a third party is required for any termination or amendment of this Agreement.
This Agreement may be executed in any number of counterparts and all those counterparts taken together shall be deemed to constitute one and the same instrument.
21.1 Governing Law.
This Agreement and any non-contractual obligations arising out of or in connection with it are governed by the Indian Laws and the federal laws of the India
21.1.1 The Courts of India have exclusive jurisdiction to settle any dispute arising out of or in connection with this Agreement (including a dispute relating to the existence, validity or termination of this Agreement or any non-contractual obligation arising out of or in connection with this Agreement) (a "Dispute").
21.1.2 The Courts of India are the most appropriate and convenient courts to settle Disputes and accordingly no Party will argue to the contrary.
22.1 This Agreement was executed by the duly authorised representatives of the Parties on the date set out above. In witness thereof, the Parties have duly executed this Agreement as of the date first above written.