This website is owned and managed by PURE EATS. By accessing and using the “www.pureeats.in” web site, you are legally bound by these Terms & conditions. The terms “you” and “User” refer to anyone who accesses the web site.
PURE EATS may change these Terms & Conditions at any time without giving any notice. Changes will be posted on the website under “Terms & Condition”.
Your use of the web Site after any changes have been posted will constitute your agreement to the modified Terms & Condition and all of the changes. Therefore, you should read these Terms & Condition from time & time for changes.
Contractual Relationship: -
Please read these terms and conditions carefully. These terms and conditions constitute a legally binding Agreement (together with the Enrollment Agreement, the “Agreement”) between you
whether personally or on behalf of an entity acting as a food service provider (the “Restaurant” or “you”) and Pure Eats Co. (a company with its registered office at 51, DB ROAD, BALLY, Dist.: -HOWRAH, City Kolkata State: -West Bengal, Pin: -711227. Email: - firstname.lastname@example.org Customer support number - 8777630556., India.
This Agreement govern your use of the Pure Eats application, website, call center and technology platform which facilitates the listing, sale and delivery of Goods (as defined below) to Customers (as defined below) (“Platform Services: - Pure Eats”).
IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS
AGREEMENT, YOU MAY NOT USE OR ACCESS THE PURE EATS WEBSITE OR APPS OR THE
Your access and use of the Pure Eats and the Restaurant Application constitute your
agreement to be bound by this Agreement, which establishes a contractual relationship between you and Pure Eats. PURE EATS may immediately terminate this Agreement with respect to you, or generally case offering or deny access to the Pure Eats and the Restaurant Application or any portion there of, at any time without reason and without any notice.
Pure Eats may amend this Agreement from time to time. Amendments will be effective upon. Pure Eats posting of an updated Agreement at this location. Your continued access or use of the Pure Eats and/or the Restaurant Application after such posting constitutes your consent to be bound by this Agreement, as amended.
Pure Eats may provide to a claims processor or an insurer any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include a death or injury, involving you, a Customer and/or a third-party transport provider and such information or data is relevant to the complaint, dispute or conflict.
As part of the registration process, you must select a username and password and provide by website with accurate, complete and updated information.
Failure to do so constitutes a breach of this agreement, which may result in immediate termination of your access.
“Applicable Law” means any national, state, local, municipal legislation, regulation, statutes, by law, consents and/or other law and any other instrument having the force of law as may be issued and in force from time to time (and any amendment or subordinate provisions) relating to or connected with the activities contemplated under this Agreement wherever so located or performed;
“Captain” means an individual, validly registered on the PURE EATS , who is an independent contractor and is carrying out the delivery of Orders to Customers;
“Commission Percentage” means the commission fee percentage with respect to each Order calculated on a Net Sales basis payable by you to PURE EATS to the terms of the Enrollment Agreement;
“Customer” means a user who place Orders through the PURE EATS
“Device” means an internet enabled mobile or tablet device capable of accessing the Restaurant Application
“Effective Date” means the execution date of the Enrollment Agreement
“Electronic Payment Mechanism” means the online and mobile based payment mechanisms including third party payment gateways, credit card/debit card/net banking transfer and/or e-wallets and/ or PUR EATS credits that are available on the Platform for the purposes of facilitating the payment of the Order Value by the Customer
“Enrollment Agreement” means the Restaurant Enrollment Agreement signed by you and PURE EATS by which you agree to be bound by the terms of this Agreement
“Good Industry Practice” means the practices, methods and procedures and that degree of skill, diligence, prudence, foresight and judgment which would be expected to be observed by a skilled and experienced supplier engaged in the same or similar activities under the same or similar circumstances
“Goods” means any food and beverages items being sold by you to Customers as listed from time to time in a relevant Menu
“Group” means in relation to any person, that person and any company which is from time to time a subsidiary or holding company of that person or a subsidiary of any such holding company
“Information” means the information set out in, and to be provided in connection with, the Enrollment Agreement including any information which is supplied by you to PURE EATS under or with respect to this Agreement such as the Menu, the price lists underlying the Menu, opening hours of the Restaurant, delivery areas serviced by the Restaurant and related delivery terms, and any other specific information the Restaurant is requested by PURE EATS to provide
“Menu” means any e-document or virtual page which sets out the Goods offered for sale by you to Customers together with related pricing and which is made available on the PURE EATS
“Net Order Value” means the Order Value of a relevant Order, less the applicable Commission Percentage, any applicable payment gateway fees and any other taxes or charges due under this Agreement or the Enrollment Agreement
“Net Sales” means the net amount charged by the Restaurant to any Customer that is attributable to an Order placed through the PURE EATS , excluding any GST tax payable on the Goods and all discounts being offered by the Restaurant on the PURE EATS ;
“Order” means an order made by a Customer on the PURE EATS for the purchase of Goods;
“Order Value” means the total amount, which is payable by a Customer for the purchase of Goods with respect to each relevant Order;
“Parties” means PURE EATS and you;
“Restaurant Application” means the PURE EATS application (web-based or otherwise) which provides you with the ability to receive details and updates relating to Orders;
“Service Operator” means a service operator working for PURE EATS who is managing Orders received from Customers through the PURE EATS ;
“Services” means the receipt of Orders from, and delivery of related Goods to, Customers and related services; and
“Technical Standards” means all internationally recognizable technical standards applicable to the provision of the Services here under.
PURE EATS Obligations: -
* Pure Eats will display Information and your Menu on the Pure Eats at its description
* Pure Eats will forward Order placed by Customers to you via a Pure eats provided URL link and/or via the Restaurant Application on a real-time basis
* Pure Eats will not be responsible or liable for the (a) quality, quantity, descriptive accuracy and/or taste of the Goods advertised on the Platform; and/or (b) processing of the Orders which have been placed by the Customers with the Restaurant on the Pure Eats ; and/or (c) any failure on the part of the Restaurant to comply with the special requests / instructions of a Customer where such requests and/or instructions have been communicated by the Customer at the time of placing an Order
* Pure Eats will use Captains to deliver Orders to Customers
* Pure Eats will handle any Customer and Restaurant complaint related to the Pure Eats , the Restaurant Application and/or the Device (in the event Pure Eats has provided Restaurant with that Device)
* Pure Eats will deactivate the Restaurant’s account if the Restaurant is found non-compliant with any Applicable Law
* Pure Eats will be responsible for the costs of any discounted promotions offered by Pure Eats with respect to Platform Services.
* Restaurant shall treat Orders received from Customer ordering via the Pre Eats with the same level of care, prep times, and attention, including providing the correct food items as per the Customer order and providing the right packaging to avoid spillage or destruction of food items, as it treats Customer orders received via its own sales channels or via any third party;
* Restaurant will ensure that the Information provided to Pure Eats is up to date and accurate at all times ;
* Restaurant will use the Restaurant Application to make timely changes or updates to their Information, including but not limited to Menu items, Menu prices, operating hours and any other Information. If these changes cannot be made via the Restaurant Application, Restaurant will notify Pure Eats by email of any changes and will provide 24 working hours’ notice for Pure Eats to reflect such changes on the Pure Eats . If Restaurant fails to do so, Restaurant shall pay to Pure Eats the Commission Percentage on any orders placed by Customers that could not be processed due to outdated Restaurant Information.
* The Restaurant will not require a minimum value with respect to any Order;
* Restaurant will accept all Orders placed by Customers within two minutes of the Order appearing on the Restaurant Application and, in the event that the Restaurant fails to do the same, it will be liable to pay to Pure Eats the Commission Percentage on any Orders not accepted by the Restaurant;
* If Customer contacts Restaurant to request any change or modification to an Order, Restaurant will direct Customer to contact Pure Eats directly;
* The Restaurant warrants that the Goods provided to Customers are: (a) of high quality and fit for human consumption; and (b) comply with all relevant local legislations, including all applicable food industry regulations including all packaging and labeling requirements required for Goods of that type;
* The Restaurant will contact the Pure Eats customer care if an Order cannot be processed as requested or to clarify the details of an Order, if required, post confirmation of the Order;
* Restaurant will ensure that the preparation time of an Order will not exceed 40 minutes from the acceptance time of the relevant Order;
* Restaurant will be responsible for any and all issues and costs associated with delayed delivery resulting from its failure to comply with such 40-minute preparation time period including costs associated with compensating the Customer;
* Restaurant will not engage in any fraudulent activity or misuse any benefits extended by Pure Eats to it or to Customers;
* Restaurant will be responsible for the costs of any discounted promotion offered by the Restaurant with respect to Goods (a “Restaurant Promotion”), as agreed from time to time via email;
* Restaurant will not at any time offer by way of any medium a price for any food and beverage item which is lower than the then-current price of the applicable item set out in the Menu;
* If the Restaurant has not complied with the preparation instructions (as set forth in an Order) or has supplied poor quality or inaccurate Goods to the Customer in the opinion of Pure Eats , whereby Pure Eats has (pursuant to the Customer’s complaint) refunded the Order Value to the Customer (“Problem Order”), the Restaurant acknowledges and agrees that the Restaurant will not be paid for such Problem Order and that if the Restaurant has already received the Order Value from Pure Eats in respect of such Problem Order (subject to any appropriate reductions hereunder), Pure Eats will have a right to deduct or offset such amount from or against any monies that are owed by Pure Eats to the Restaurant from time to time under this Agreement.
* You shall disclose all relevant details pertaining to Problem Order(s) to Pure Eats upon becoming aware of the same.
* Restaurant will ensure that prices for Goods displayed on a Menu are at all times inclusive of applicable taxes and charges, including GST ; and
* Restaurant shall perform its obligations hereunder in accordance with: (a) Good Industry Practice; (b) Technical Standards; (c) All applicable professional rules, code of conduct, regulations and associated guidelines; (d) Any timescales set out herein; and (e) Applicable Law.
The Pure Eats is a digital delivery and transportation network which operates a software platform matching, amongst other things, Customers seeking to place Orders with Restaurants via the Pure Eats .
THE RESTAURANT ACKNOWLEDGES THAT NEITHER PURE EATS NOR ITS AFFILIATES PROVIDE DELIVERY OR TRANSPORTATION OR FOOD SERVICES OR FUNCTION AS A TRANSPORTATION SERVICE PROVIDER OR OWN ANY VEHICLES FOR DELIVERY AND THAT ALL DELIVERY SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY PURE EATS OR ANY OF ITS AFFILIATES.
Subject to your compliance with this Agreement, Pure Eats grants you a limited, non-exclusive, non-sub-licensable, revocable, non-transferrable license to: (a) access and use the Pure Eats and the Restaurant Application solely with respect to the Services; and (b) access and use any content, information and related materials that may be made available to the Restaurant through the Pure Eats , in each case solely to provide Services to Customers. Any rights not expressly granted herein are reserved by Pure Eats and Pure Eats licensors.
You may not:
(i)remove any copyright, trademark or other proprietary notices from any portion of the Pure Eats or the Restaurant Application;
(ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Pure Eats or the Restaurant Application except as expressly permitted by Pure Eats;
(iii)decompile, reverse engineer or disassemble the Pure Eats or the Restaurant Application except as may be permitted by Applicable Law;
(iv)link to, mirror or frame any portion of the Pure Eats or of the Restaurant Application;
(v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Pure Eats or of the Restaurant Application or unduly burdening or hindering the operation and/or functionality of any aspect of the Pure Eats or the Restaurant Application; or
(vi)attempt to gain unauthorized access to or impair any aspect of the Pure Eats or the Restaurant Application or their related systems or networks.
The Pure Eats and the Restaurant Application and all rights therein are and shall remain Pure Eats property or the property of Pure Eats licensors. Neither this Agreement nor your use of the Pure Eats or of the Restaurant Application convey or grant to you any rights: (i) in or related to the Pure Eats or the Restaurant Application, as applicable, except for the limited license granted above; or (b) to use or reference in any manner Pure Eats company names, logos, product and service names, trademarks or services marks or those of Pure Eats licensors.
THIRD PARTY SERVICES & CONTENT
Pursuant to the terms of the Enrollment Agreement, you may opt to work exclusively with Pure Eats as your sole online ordering, take-away and/or delivery service provider (a “Pure Eats Exclusive Partner”).
USE OF PURE EATS
2. In the event Pure Eats provides you with a Device, the following terms and conditions shall apply:
3. The Device shall be used by the Restaurant solely for the purpose of
(a) managing Orders;
(b) reviewing the particulars underlying the Orders;
(c) updating the Order status;
(d) updating Restaurant Information;
(e) communicating with Pure Eats;
(f) reporting erroneous Orders;
(g) reviewing Restaurant’s performance and financial accounts relating to its business with Pure Eats and/or
(h) any other use that may be prescribed in writing by Pure Eats in this
4. Pure Eats terms and conditions relating to Devices shall apply to any Device provided by Pure Eats to the Restaurant;
5. The Restaurant undertakes to use the Device in compliance with the instructions for use that may be issued by Pure Eats in this regard;
6. On the delivery of the Device by Pure Eats to the Restaurant, the Restaurant will be required to acknowledge the receipt of the Device in writing by executing an Asset Handover Form in the format annexed to the Agreement, and the cost of the Device will be charged to the Restaurant pursuant to the terms of the Enrollment Agreement;
7. Pure Eats grants a limited, non-exclusive, non-transferable, royalty free license to the Restaurant for the use of the Device solely until the termination of this Agreement;
8. The Restaurant undertakes to and shall use the Device only for the purposes prescribed under this Agreement and that the Restaurant should not violate the intellectual property rights of Pure Eats over and in respect of the Device at any point in time;
9. The Restaurant undertakes to return the Device along with all accessories (in a full working condition as determined by Pure Eats) to Pure Eats immediately upon the termination of this Agreement or when requested by Pure Eats. The Device will be collected by Pure Eats from the Restaurant at the sole expense of Pure Eats. Upon the return of the Device along with all accessories by the Restaurant, Pure Eats and the Restaurant will be required to acknowledge the transfer of the Device in writing as instructed by Pure Eats;
10. The Restaurant acknowledges and agrees that any failure on part of the Restaurant in returning the Device (whenever requisitioned by Pure Eats or on the termination of this Agreement) will render the Restaurant liable to pay for such unreturned Device including for an appropriate action under the Applicable Laws; and
11.The Restaurant acknowledges and agrees that: (I) Pure Eats is not the manufacturer of any Device provided (ii) Pure Eats cannot provide any warranties or guarantees with respect to the quality or durability of the Device and (iii) it uses the Device at its own risk.
12. In the event that the Device ceases to function and the Restaurant is unable to access the Restaurant Application through any other means, the Restaurant will immediately inform Pure Eats and Pure Eats will disable the Restaurant on the Pure Eats until the Device is functional again.
CUSTOMER IN ADVANCE
1. The Parties acknowledge and agree that the accumulated average delivery rating is entirely under the control of the Customers and that it is calculated using the ratings which are given by the Customer in respect of each Order which is placed by such Customer with a particular Restaurant on the Pure Eats .
2.The Restaurant acknowledges and agrees that Pure Eats reserves the right to review and modify the foregoing delivery rating system and the Commission Percentage periodically upon sending an email notice to the Restaurant and that Pure Eats decision in this regard shall be final and binding on the Restaurant.
1.The Restaurant must meet all of the following requirements when it receives an online payment Order:
A.Ensure that it does not receive any additional payment from a Customer (including but not limited to payment by cash) when payment has been made online by a Customer; and
Follow all special instructions contained on the Order receipt or as communicated by Service Operator.
C.The Restaurant agrees that it will treat all information concerning this Agreement and the Enrollment Agreement (including their respective terms), Pure Eats and its Group, the Pure Eats and all information concerning Customers which has been provided to
it pursuant to the terms of this Agreement as confidential information (“Confidential Information”) and will not, except as provided in this Agreement, disclose, use or permit the disclosure or use of such information to any third party. The Restaurant further agrees that a breach of this provision would cause Pure Eats to suffer irreparable harm and damage that could not be adequately remedied by payment of monetary damages and therefore, in addition to monetary damages and other legal remedies, the Restaurant agrees that Pure Eats will be entitled to obtain equitable and injunctive relief as may be necessary to restrain any threatened, continuing or further breach by the Restaurant. The restrictions referred to in this Clause will not apply to any Confidential Information to the extent that such information:
(i) is already known to the Restaurant,
(ii) is in or comes into the public domain otherwise than as a result of any breach of this Agreement or
(iii) is required to be disclosed by law.
D. Restaurant shall Process any Personal Information received from Pure Eats or any Customer in accordance with Applicable Law and only for the purposes of discharging its obligations under this Agreement. For the purposes of this Clause, the following definitions shall apply: (i) “Personal Information” means any information relating to an identified or identifiable person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his physical, physiological, mental, economic, cultural or social identity, and (ii) “Process” means to collect, hold, use, transfer, destroy and otherwise deal in any with Personal Information.
1.The User shall request to order food and beverages from a Restaurant Partner by clicking on ‘Place Order’ tab on the Restaurant Partner page on the FDP shall constitute an unconditional and irrevocable authorization issued in favor of FDP to place online orders for food and beverages against the Restaurant Partners on User’s behalf .An order, once placed on behalf of User by the FDP and accepted by a Restaurant Partner constitutes a separate contract of sale of goods under the Sale of Goods Act,1930 and the Consumer Protection Act, 2019 or any successor legislation between the Restaurant Partner and the User, to which the Food Delivery Platform shall not be a party.
2. The User must warrant that while placing an order the details like contact number, delivery address, etc. are accurate and correct. By providing these details, the User expresses his/her acceptance of Pure Eats terms and conditions and privacy policies.
3.The User shall not resell food purchased via Pure Eats.
4.The User shall be charged a delivery fee for delivery of the order by the Delivery Partner or Restaurant Partner as the Delivery Partner or Restaurant Partner may determine (“Delivery Charges”). The User must agree that the Food Delivery Platform is authorized to collect, on behalf of the Delivery Partner or Restaurant Partner, as the case may be. The Delivery Charges may vary from, order to order, which may be determined on multiple factors such as order value, demand during peak hours, etc.
ACCOUNT REGISTRATION ON THE PLATFORM:-
1. One shall have the access to the Platform by registering to create an account for the(Food Delivery Platform“) and become a member; or shall be able register to himself join by logging into your account with certain third-party social networking sites (” SNS”) (including, but not limited to, Facebook); each such account, a ” Third Party Account”, via our Platform.
2.The Membership is limited for the purpose and are subject to the terms, and strictly not transferable. As part of the functionality of the Platform services, one shall be able to may link Pure Eats Account with Third-Party Accounts, by either:
3.Providing your Third-Party Account login information to us through the Platform; or
4.Allowing us to access their Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account.
5.The user shall represent that you are entitled to disclose your Third Party Account login information to us and/or grant the Pure Eats access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating them to pay any fees or making us subject to any usage limitations imposed by such third-party service providers.
6.By granting us access to any Third Party Accounts, the Food Delivery Platform shall be able to access, make available and store (if applicable) any content or information that the user shall provide to and stored in your Third-Party Account so that it is available on and through the Platform via your Food Delivery Platform Account.
7. Depending on the Third-Party Accounts, the user shall choose, and subject to the privacy settings that the user has set in such Third-Party Account shall be personally identifiable information that you post to your Third-Party Accounts will be available on and through your Food Delivery Platform Account on the Platform.
8.Every user shall have access to only one FDP account and shall not be permitted to create multiple accounts. On finding multiple accounts of any user, the FDP reserves the right to suspend such multiple accounts without being liable for any compensation.
9.Every user shall provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
10.The Pure Eats shall reserve the right to suspend or terminate your Food Delivery Platform Account and your access to the Services in the event;
(i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete;
(ii) if it is believed that a user’s actions may cause legal liability for the Food Delivery Platform or the user; or for both.
11.Every user shall be responsible for safeguarding his/her password. The user shall not disclose his/her password to any third party and it will be their sole responsibility for any activities or actions under your Pure Eats Account, whether or not you have authorized such activities or actions. Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
LIMITATION OF LIABILITY
The Food Delivery Platform shall in no manner be liable in any way for any in-person interactions with representatives or staff of the Restaurant Partners or for the member’s experience at the Restaurant Partners. The Pure Eats in no manner is liable to the member if any outlet of Restaurant Partners temporarily or permanently shuts down its operations. The Pure Eats will only take care of claims/liabilities arising out of offers/membership plans advertised by Food Delivery Platform solely.
1. Assignment: The Pure Eats may assign its right obligations under these terms and conditions to any of its affiliates or any third party at any time.
2.Food hygiene audit of Restaurant Partners: The Pure Eats shall undertake to initiate food hygiene auditing of Restaurant Partners in partner with certified auditors
Due to the number of sources from which the content is obtained and the potential hazards of electronic distribution, there may be delays, omissions or inaccuracies in such content and the website. The content and the web site are provided “AS IS” without any warranties. Neither the website nor PURE EATS makes any guarantees or warranties as to the accuracy completeness, timeliness or correctness of or results to be obtained from accessing and using the website.
Neither the website (www.pureeats.in) nor PURE EATS shall be liable to the users or anyone else for any inaccuracy, delay, interruption in service, error or omission regardless of cause or for any damages resulting there from. In no event will the website, PURE EATS nor any their third party licensors be liable for any direct, indirect, special or consequential damages including but not limited to, lost time, lost money, lost profits or goodwill whether in contract, strict liability or otherwise and whether or not such damages are foreseen or unforeseen with respect to any use of the websites. Neither the website nor any of its affiliates agents or licensors will be liable to you or anyone else for any loss or injury resulting from use of the website in whole or part, whether caused by negligence, contingencies beyond its control in procuring, compiling , interpreting, reporting or delivery the websites its affiliates agents or licensors be liable to you or anyone else for any decision made or action taken by you in reliance on such content or the websites. The website assumes no responsibility for use of third-party software on the website and shall have no liability whatsoever to any person or entity for accuracy or completeness of any outcome generated by such software.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY & INDEMNIFICATION:-
Disclaimer of warranties: The User must acknowledge and agree that the Services are provided “as is” and “as available” and that the use of the Services shall be at the risk of User. To the fullest extent permitted by applicable law, the Food Delivery Platform, its affiliates and their respective officers, directors, employees, agents, affiliates, branches, subsidiaries and licensor (“Pure Eats Parties”) disclaims warranties, express or implied, in connection with the Services including mobile apps and User’s use of them. To the fullest extent permitted by applicable law, the Food Delivery Platform parties makes no warranties or representations that the Services have been or will be provided with due skill, care and diligence or about the accuracy or completeness of the Services content and assume no responsibility for any
(i)errors, mistakes, or inaccuracies of Content,
(ii)personal injury of property damage, of any nature, whatsoever, resulting from User’s access to and use of the services,
(iii) any unauthorized access to or use of FDP’s server and/or any and all personal information stored therein,
(iv)any interruption or cessation of transmission to or from the Services,
(v)any bugs, viruses, Trojan Horses, or the like which may be transmitted to or through the Services, through the action of an third party,
(vi)any loss of User’s data or Content from the Services and/or,
(vii)an errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via the Services.
⮚Any material downloaded or otherwise obtained through the use of the Services is done at User’s own discretion and risk and the User will be solely responsible for any damages to User’s computer system or other device or loss of data that results from the download of any such materials. The FDP Parties will not be a party to or in any way be responsible for monitoring any transaction between the User and third-party providers of products or services.
THE RESTAURANT UNDERSTANDS AND ACCEPTS THAT PURE EATS DOES NOT PROVIDE TRANSPORTATION, FOOD DELIVERY OR LOGISTICS SERVICES OR FUNCTION AS A TRANSPORTATION OR GOODS CARRIER AND THAT ALL SUCH TRANSPORTATION, FOOD DELIVERY OR LOGISTICS SERVICES ARE PROVIDED BY INDEPENDENT THIRD-PARTY CONTRACTORS WHO ARE NOT EMPLOYED BY CAREEM OR ANY OF ITS AFFILIATES. PURE EATS LIABILITY FOR ANY LOSS SUFFERED BY THE RESTAURANT ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED TEN THOUSAND AED (AED 10,000) (OR THE EQUIVALENT AMOUNT IN THE RELEVANT LOCAL CURRENCY).
THE RESTAURANT AGREES THAT CAREEM HAS NO RESPONSIBILITY OR LIABILITY TO THE RESTAURANT RELATED TO ANY DELIVERY SERVICES PROVIDED BY THE RESTAURANT TO CUSTOMERS OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT.
The User must agree to the advertisements that may be placed by the Food Delivery Platform on the Service as some of the Services are supported by advertising revenue and may display advertisements and promotions. The Food Delivery Platform will not be responsible or liable for any errors or omission, inaccuracy in advertising material or any loss or damage of any sort incurred as a result of any such dealings or a result of the presence of such other advertiser(s) on the Pure Eats and mobile application.
The User agree to indemnify, defend, and hold harmless the Food Delivery Platform Parties from and against any third-party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs, and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of or in connection with (i) User’s Content (ii) User’s unauthorized use of the Services or products or services included or advertised in the Services (iii) User’s access to Service (iv) User’s violation of any rights of another (v) User’s breach of terms and conditions including but not limited to, any infringement by the User of the copyright or intellectual property rights of any third party. The Pure Eats retain the exclusive right to settle, compromise and pay, without your prior consent, any and all claims or causes of action which are brought against the Pure Eats. The Pure Eats reserve the right, at User’s expense, to assume the exclusive defense and control of any matter for which User is required to indemnify Pure Eats and the User agree to cooperate with Pure Eats defense of these claims. Pure Eats will use reasonable efforts to notify the User of any such claim, action or proceeding upon becoming aware of it.
The User can delete his/her account at any time contacting the Pure Eats via contact us link at the bottom of every page. The Food Delivery Platform may terminate User’s use of the Services and deny access to the Services in FDP’s sole discretion for any reason or no reason, including User’s: (i) violation of terms and conditions of this Agreement (ii) lack of use of the Services. The User must agree that any termination of User’s access to the Services may be affected without prior notice and acknowledge and agree that Pure Eats may immediately deactivate or delete the account and all related information and/or bar any further access to User’s account or the Services. Further, the User must agree that Pure Eats shall not be liable to the User or any third party for the discontinuation or termination of User’s access to the Services.
The Food Delivery Platform should be at the liberty vary or amend or change or update the terms and conditions, from time to time entirely at its own discretion. The User shall be responsible for checking the terms and conditions from time to time and ensure continued compliance with the said terms and conditions. User’s usage of Food Delivery Platform shall be deemed as express acceptance to such amended/changed terms and the User agrees to be bound by such changed/amended Terms and Conditions. The User may be required to install certain upgrades or updates to the software in order to continue access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under the term and conditions shall be considered part of the Services.
THE USERS’S CONTENT
The user grants to PURE EATS the non-exclusive right to use all material entered into the website by the user. You may not input or distribute any material through the website that is promotional in nature including solicitations for funds or business without the prior written authorization of the website.
The user agrees to indemnify the website and PURE EATS from all damages, liabilities, costs, charges and expenses including reasonable attorneys’ fees that the websites www.pureeats.in , their affiliates, employees, and authorized representative may incur as a result of either :-
(i) The users breach of this agreement
(ii) Material entered into the website with the use of users’ screen name & password.
DISCLAIMER INDEMNITY DISCLAIMER
THE PURE EATS AND THE RESTAURANT APPLICATION IS PROVIDED “AS IS” AND “AS AVAILABLE.” PURE EATS AND ITS AFFILIATES DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THIS AGREEMENT, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, PURE EATS AND ITS AFFILIATES MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE PURE EATS OR OF THE RESTAURANT APPLICATION OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE PURE EATS OR THE RESTAURANT APPLICATION, OR THAT THE PURE EATS OR RESTAURANT APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE. NEITHER PURE EATS NOR ITS AFFILIATES GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF CUSTOMERS. THE RESTAURANT AGREES THAT THE ENTIRE RISK ARISING OUT OF THE RESTAURANT’S USE OF THE CAREEM PLATFORM AND RESTAURANT APPLICATION, AND ANY SERVICE OR GOOD REQUESTED OR PROVIDED IN CONNECTION THEREWITH, REMAINS SOLELY WITH THE RESTAURANT, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
The Restaurant agree to indemnify and hold pure eats , its Affiliates and their officers, directors, employees and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys’ fees) arising out of or in connection with: (a) the Restaurant’s use of the Pure Eats and Restaurant Application and the sale of Goods and delivery services obtained through the Restaurant’s use of the Pure Eats and the Restaurant Application; (b) the Restaurant’s breach or violation of this Agreement or (c) the Restaurant’s violation of the rights of any third party, including Captains.
Pure Eats will not be liable to the Restaurant for any indirect or consequential losses (including loss of profit, opportunity and goodwill).
Choice of Law and Dispute Resolution
Choice of Law: -
This Agreement is governed by and construed in accordance with the laws of the jurisdiction in which Pure Eats is incorporated, without giving effect to any conflict of law principles, except as may be otherwise provided in supplemental terms applicable to your region.
You agree that any dispute, claim or controversy arising out of or relating to this Agreement or the Enrollment Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Pure Eats or the Restaurant Application or the Services (collectively, “Disputes”) will be settled by binding arbitration between you and Pure Eats , except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Pure Eats are each waiving the right to a trial by jury or to
participate as a plaintiff or class in any purported class action or representative proceeding. Further, unless both you and Pure Eats otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Arbitration” section and the “Arbitration Process and Rules” section will be deemed void. Except as provided in the preceding sentence, this “Arbitration” section and the “Arbitration Process and Rules” section will survive any termination of this Agreement. This “Arbitration” section and the “Arbitration Process and Rules” section applies to all Disputes between you and Pure Eats and/or any of its Affiliates.
Arbitration Process and Rules
Any Dispute shall be first mandatorily submitted to mediation proceedings under the International Chamber of Commerce Mediation Rules (“ICC Mediation Rules”). If such Dispute has not been settled within sixty (60) days after a request for mediation has been submitted under such ICC Mediation Rules, such Dispute can be referred to and shall be exclusively and finally resolved by arbitration under the Rules of Arbitration of the International Chamber of Commerce (“ICC Arbitration Rules”). The ICC Rules’ Emergency Arbitrator provisions are excluded. The Dispute shall be resolved by one (1) arbitrator to be appointed in accordance with the ICC Rules. The place of both mediation and arbitration shall be in the city in which the applicable Affiliate with which you have a Dispute has its registered office. The language of the mediation and/or arbitration shall be English, unless you do not speak English, in which case the mediation and/or arbitration shall be conducted in both English and your native language. The existence and content of the mediation and arbitration proceedings, including documents and briefs submitted by the parties, correspondence from and to the International Chamber of Commerce, correspondence from the mediator, and correspondence, orders and awards issued by the sole arbitrator, shall remain strictly confidential and shall not be disclosed to any third party without the express written consent from the other party unless: (i) the disclosure to the third party is reasonably required in the context of conducting the mediation or arbitration proceedings; and (ii) the third party agrees unconditionally in writing to be bound by the confidentiality obligation stipulated herein.
ANTI- HACKING PROVISION
You expressly agree not to use this web site in any manner or for any purpose that is prohibited by these terms & conditions. In addition, you expressly agree not to: -
(i)Use the website for any purpose that is prohibited by any law or regulation, or to facilitate the violation of any law or regulate;
(ii)Take or attempt any action that in the sole discretion of this website’s operators, imposes or may impose an unreasonable or disproportionately large load or burden on the websites or such operations infrastructure;
(iii)In any way bypass or circumvent any other measure employed to limit or prevent access to the website or its content;
(iv)Violate the security of the website or attempt to gain unauthorized access to the website, data, materials, information computer systems or network connected to any server associated with this website through hacking, password mining or any other means;
(v) Interfere or attempt to interfere with the proper working of the website or any activities conducted on or through the website including accessing any data, content or other information prior to the time that it is intended to be available to the public on the websites;
(vi)Obtain or attempt to obtain through any means any materials or information on the web site that have not been intentionally made policy available either by their public display on the website or through their accessibility by a visible link on the website;
ADDITIONAL LEGAL TERMS
This agreement will continue until terminated by either the or you. Either party can terminate the agreement by notifying the other party by telephone or electronic mail of the decision to terminate.
PURE EATS may discontinue or change the website or its availability to you at any time. This agreement constitutes the entire agreement the parties relating to websites and supersedes any and all other agreements, oral or in writing with respect to the websites. The failure of the website, to insist upon strict compliance with any term of this agreement shall not be construed as a waiver with regard to any subsequent failure to comply with such terms or provision. This agreement is personal to you and you may not assign yours rights or obligation to anyone.
OTHER TERMS & CONDITIONS
Such as Interpretation, Waiver, Entire Agreement, Severability, Partnership Agency, etc. Governing Law, Jurisdiction, Dispute Resolution, etc. shall form part of this Agreement.
Statutory Compliances by Restaurant Partners: The User acknowledges that the Food Delivery Platform bears no responsibility for the compliance with statutory rules, regulations, and licenses by the Restaurant Partners. The User agrees that Pure Eats shall not be liable in any manner if the User is unable to avail the offer(s) with a Restaurant Partners due to Restaurant Partner’s violation of any statutory rule, regulation, and license
Founded in 2020 by,
PURE EATS INDIA,
DHANANJAY BHATTACHARIYA SARANI, SAPUIPARA,Bally Howrah
State: West Bengal,
Customer support number: 8777630556.