These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you,”) and FOLKDRIVE INDIA PVT.LTD (“we,” “us” or “our”) “hereinafter referred to as“Maneoota”. , concerning your access to and use of the Maneoota.in app / website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms and Conditions Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THE APPLICATION.
WHEREAS, the maneoota undergoes the business of providing Food Delivery Platform Services to the user through E-commerce a platform for restaurant partner / Vendors/Home Kitchens to reach out to the consumers online. The maneoota provide its consumers mainly with the following services:
WHEREAS, the maneoota has offered the Food Delivery Platform Services to the restaurant partners/ vendors;
WHEREAS, restaurant partners/ vendors are desired to accept the offer to develop their business through using the Food Delivery Platform Services, subject to the terms and conditions set forth in this Agreement.
NOW, THEREFORE, IN CONSIDERATION OF THE FORGOING AND MUTUAL COVENANT, PROMISES, PROVISIONS AND AGREEMENTS CONTAINED HEREIN THE PARTIES AGREE AS FOLLOWS
1) The maneoota clear that it is not either a manufacturer or a seller or distributor of food or beverages but only places an order against the partner/vendor restaurant partner/Home Kitchens on behalf of the User customer pursuant to the aforesaid contract and facilitate the sale and purchase of food and beverages between the two, under the contract for sale and purchase of food and beverages.
2) The maneoota shall not be liable for any actions or omissions by the Restaurant partner Partner/vendors/Home Kitchens including deficiency in service, wrong delivery or order, quality of food, time is taken to prepare or deliver the order, etc.
3) The maneoota state that the liability of any violation of theFood Safety and Standards Act, 2006and applicable rules and regulations made there under shall solely be towards the seller/owners, Restaurant partner Partner/vendors/Home Kitchens, importer or manufacturers of the food products.
4) The maneoota disclaimer that in respect of some of the food that may be suitable for certain ages only. It must be the responsibility of Users to check the food they are ordering and read its description, if provided, before placing an order on maneoota. Maneoota shall not be liable in the event food ordered byUser does not meet User’s dietary or any other requirements and/or restrictions.
5) The acceptance by a Delivery Partner/vendor of undertaking delivery of User’s order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislation, between the User and the Delivery Partner/vendor, to which again maneoota is not a party.
6) The maneoota clarify that maneoota does not provide any delivery or logistics services and only enables the delivery of food and beverages ordered by the Users through maneoota platform by connecting User with Delivery Partner/vendors or the Restaurant partner Partner/vendors/Home Kitchens, as the case may be.
7) The maneoota state that Delivery Charges may apply to the User, provided the User will be responsible for Delivery Charges incurred for User’s order regardless of User’s awareness of such Delivery Charges.
8) The maneoota reserve it’s right that at any time and without prior notice, themaneoota canremove, block, or disable access to any Content, for any reason or no reason, considered to be objectionable, in violation of the terms and conditions of this Agreement or otherwise harmful to the Services.
9) Intellectual & Proprietary Rights: Themaneoota declare in the form of a clause its ownership of maneoota content and Proprietary Rights in detail every Restaurant partner / Vendor/Home Kitchens must agree to protect maneoota’s IPR and proprietary rights.
10) Use of License aspects:Maneoota grant User a personal, limited, non-exclusive, and non-transferrable license to access and use the Services only as expressly permitted as per the terms and conditions of the Agreement. The user shall agree not to use the services for any illegal purpose or in any manner inconsistent with the terms and conditions of this Agreement
11) Review and Ratings: The review or ratings for restaurant partners/vendors/Home Kitchens by Users do not reflect the opinion of maneoota.Maneoota gets many reviews or ratings for Restaurant partner / vendors/Home Kitchens by User, which reviews or ratings for Restaurant partners / vendors / Home Kitches by Users, which shows the views of the User. It is important to state that every review or ratings posted on maneoota are the personal views of the User.
12) On-Time Delivery: The User may opt for on-time delivery services offered by themaneoota’s Food Delivery Platform, for an additional non-refundable cost, at selected Restaurant partners / vendors? Home Kitchens.
13) Price List: Maneoota take cares to keep all the prices listed are correct at the time of publication, and have been placed as received from the Restaurant partners/ vendors/Home Kitchens. The final price charged to the User may change at the time of delivery. In the event of a conflict between prices of the maneoota and price charged by the Restaurant partner / vendors/Home Kitchens, the price charged by the Restaurant partner/ vendors/Home Kitchens shall be deemed to be the correct price except for the Delivery Charge of maneoota’sFood Delivery Platform.
The total price forfoodordered, including the Delivery Charges and other charges, will be displayed on themaneoota whenyou place your order, which shall be rounded up to the nearest rupee. The User shall make full payment towards suchfoodordered via the maneoota. Any amount that may be charged to the User bymaneoota over and above the order value shall be inclusive of applicable taxes.
14) Delivery periods/Pickup time quoted at the time of ordering are approximate only and may vary depending upon the situation. When the User opts for Pickup at the time of placing the Order, and maneoota shall not be liable in any manner in this regard.
15) Personal Promo Code/offers/memberships can be used by the User subject to such terms and conditions set forth by themaneoota from time to time. The maneoota can promote its new offers/membership plans etc. and the User will have to subscribe for the same. The subscribers will only be eligible for offers opted.
The maneoota will not facilitate replacements/ refunds/ or any other resolution if order cancel by the user/client. AndIn case of payment at the time of delivery, the maneoota shall not be required to pay for:
The Restaurant partner / Vendor/ Home Kitchens shall only use the maneoota platform to sell the Products and services under the name, trade mark and trade name used by the maneoota in connection with the Product, unless a third party is entitled to a trade name or trademark within the Territory. The restaurant partner / Vendor/Home Kitchens shall refrain from any other use of the name, trade mark or trade name of the maneoota. The restaurant partner / Vendor/Home Kitchens shall further refrain from using any other name, trade mark or trade name on the Products and services and the packages thereof. The restaurant partner / Vendor/Home Kitchens shall not register or use trade names or trademarks or any other intellectual property rights for the Product without the written approval of the maneoota.
Restaurant partner / Vendor/ Home Kitchens agrees that by reason of its relationship with maneoota hereunder it will have access to certain information and materials concerning maneoot's business plans, customers, technology, and products and services that are confidential and of substantial value to maneoota, which value would be impaired if such information were disclosed to third parties. Restaurant partner / Vendor/Home Kitchens agrees that it shall not disclose to any third party, any such confidential information revealed to it by the maneoota.
Both the Parties in pursuant to this agreement shall each other indemnify and hold free and harmless from any and all claims, damages, or lawsuits arising out of intentional or negligent acts or omissions by other party or its employees or agents herein.
In no event shall either party be liable to the other for any special, indirect, exemplary or consequential damages arising out of this agreement or purchase or use of the products and services.
Neither Party shall be held liable for any failure to perform that is due to any cause or circumstance beyond the reasonable control of such Party, including without limitation a demand for such Products and services and other products and services by maneoota which exceeds maneoota’s ability to supply them, earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control of such Party.
Neither party shall be entitled to assign or transfer any of its rights and obligations under this Agreement without the prior written consent of the other Party.
The parties hereby agree to resolve any dispute arising out the contract or in respect of any defined legal relationship associated therewith or derived there from; the parties agree to seek an amicable settlement of that dispute by conciliation procedure established under the Arbitration and ConciliationACT, 1996.The parties hereby agree that, any dispute arising out of the contract or between any legal relationships in the contract, such dispute shall be settled only through arbitration. The venue is Bangalore. Both the parties would collectively appoint one sole arbitrator. The award passed by such arbitrator shall be final and binding on both the parties.’
In the case of notice to maneoota , the address for delivery to it shall be as Follows:
Folkdrive India Pvt.Ltd. NO.8, 12(3479), 1ST CROSS, GAYATHRI NAGAR C BLOCK,,
Bangalore, Karnataka, India, 560021
Email – firstname.lastname@example.org
In the Case of notice to the restaurant partner / Vendor/Home Kitchens, the address for delivery to it shall be taken from the registration made by Restaurant partner/Vendor/Home kitchens at the time of registration:
The effective date of acknowledge of the notice shall be deemed to be as follows:
Provided that in case of the date of receipt not being a business day, notice shall be deemed to have been received on the next business day.
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
This Agreement may not be amended for any reason without the prior written agreement of both parties.
The failure of either party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.