Terms And Condition
All order will be placed at the Contact numbers or POS or First party devise/backend, or Email Ids provided by the “Restaurant”
After accepting an order, “Restaurant” will deliver directly to the customer.
“First Party” as its end will undertake all possible measures to check for the authenticity of the orders passed to the restaurant. Restaurant at its end can undertake its own measures to cross verify the orders, if it feels the need to do so.
“First Party” will not be responsible for fake orders received by them. The “Restaurant” during the processing of order can call up the customer and check for the authenticity of the order.
Changes in Restaurant’s information
That in case of changes in Menu, Item, Prices, Operating time, Contact details etc; the “Restaurant” needs to inform “First Party” through email or phone as soon as possible. The “First Party” would make the changes, within 2 working days from the date of getting information.
Till such time where the revised information is provided and updated by “First Party” the “Restaurant” will agree to abide by the information provided before such changes.
In case of non-availability of items, the “Restaurant” would update the same on their backend.
The Restaurant should ensure that all the information on their backend system is correct and updated at all times.
Payment from Customer
“Restaurant” will be collecting payment directly from the customer.
No Grant of Intellectual Property Rights (IPRs) to the Restaurant
The parties to the MOU agree that their respective IPRs shall belong to the “First Party” exclusively. Nothing under this MOU shall be construed as assignment or transfer of ownership or license of rights of IPRs belonging to the “First Party”
“First Party” reserves the entire rights of advertisements on the restaurant website/mobile application. The restaurant is not entitled to any share of revenue through such advertisement.
The data (information) that you provide to “First Party” will only be used for the purpose of recording your payment. We shall ensure that the data is used for no other purposes and is not disclosed to a third party i.e. other companies or individuals unless required to do so by law.
The “First Party” may terminate this MOU by issuing a 30 (thirty) day notice for any breach of the term of this MOU or on any representation being found untrue or misleading or by default in payment of consideration amount by restaurant. During such period of 30 (thirty) days restaurant shall cure the breach, failing which, the MOU shall stand terminated on the expiry of the aforesaid 30 (thirty) days cure period.
In the event of default in payment of obligations by restaurant, the “First Party” may at its discretion terminate this MOU as stated hereinabove and in addition to this, restaurant shall be liable to pay, in addition to the outstanding dues payable to the “First Party” along with interest at the rate of 18% per annum.
The Restaurant may terminate the MOU by issuing a 30 (thirty) day notice.
The restaurant agrees to indemnify, defend and hold Tring24 (its directors, its employees, its agents, its consultants) harmless from any and all liabilities, losses, obligations, expenses (including without limitation to attorney’s fees) and costs arising in connection with any lawsuit, proceedings, or other action resulting or arising from, or in connection with breach of any provisions of this MOU including any deficiency in delivery of ordered food product by restaurant at customers end or due to un-collectibles by the customers for credit card payments or net banking payments or mis-representation or negligence in respect to the cuisine/delicacy/palatability of the food product ordered online by the customer through Tring24’s portal.
Arbitration and dispute resolution
Any claim, controversy or dispute (Collectively, “Disputes”) arising out of or under this MOU, not settlement by mutual MOU of the Parties involved within 30 (thirty) days after the Party is provided written notice for settlement thereof, shall be referred to arbitration to a sole arbitrator appointed by Tring24 under the Arbitration and Conciliation Act, 1996. The arbitration proceedings shall be conducted at Dindigul and shall be governed by and construed in accordance with the laws of India. The language of the arbitration shall be English.
Tring24 does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bonafides of any particular Merchant that you choose to deal with on the Platform and use your best judgment in that behalf. All Merchant offers and third party offers are subject to respective party terms and conditions. Tring24 takes no responsibility for such offers.
Tring24 neither make any representation or warranty as to specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the Sale or purchase of any products or services on the Platform. Tring24 accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Tring24 is not responsible for any non-performance or breach of any contract entered into between Buyers and Merchants on the Platform. Tring24cannot and does not guarantee that the concerned Buyers and /or Merchants will perform any transaction concluded on the platform. Tring24is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Tring24 is operating an online market place and assumes the role of facilitator and does not at any point of time during any transaction between Buyer and Merchant on the Platform come into or take possession of any of the products or services offered by Merchant. At no time shall Tring24hold any right, title or interest over the products nor shall Tring24have any obligations or liabilities in respect of such contract entered into between Buyer and Merchant.
Tring24 is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to food efficacy, quality, or any other such issues, Tring24shall notify the same to Merchant and shall also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific order to which the complaint relates, to enable satisfactory resolution of the complaint.
Please note that there could be risks in dealing with underage persons or people acting under false pretence.
Bookings and Financial Terms
The Platform allows you to place food order bookings and we will, subject to the terms and conditions set out herein, enable delivery of such order to you.
As a general rule, all food orders placed on the Platform are treated as confirmed.
However, upon your successful completion of booking an order, we may call you on the telephone or mobile number provided to confirm the details of the order, the price to be paid and the estimated delivery time. For this purpose, you will be required to share certain information with us, including but not limited to (i) your first and last name (ii) mobile number; and (iii) email address. It shall be your sole responsibility to bring any incorrect details to our attention.
In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the order, due to availability or unavailability or change in price of the order as informed by the Merchant. Please note change or confirmation of the order shall be treated as final. It is clarified that Tring24reserves the right to not to process syour order in the event you are unavailable on the phone at the time we call you for confirming the order and such event the provisions of the cancellation and refund policy below shall be applicable.
All payments made against the purchases/ services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the purchases made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order ; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Tring24is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the platform using the existing authorised banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Tring24is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
The final tax bill will be issued by the Merchant to the Buyer along with the order and Tring24is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant. Tring24 holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchants.
The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information. Very rarely, prices may change at the time of placing order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant by incorrectly reflected and in such an event Merchant may cancel such your order(s).
The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of Tring24
The transaction is bilateral between the Merchant and Buyer and therefore, Tring24is not liable to charge or deposit any taxes applicable on such transaction.
Terms of service
You agree and acknowledge that we shall not be responsible for:
The services or goods provided by the Merchant including, but not limited, serving of food orders suiting your requirements and needs;
The Merchant’s services or goods not being up to your expectations or leading to any loss, harm or damage to you;
The availability or unavailability of certain items on the menu; or
The Merchant serving the incorrect orders.
The details of the menu and price list available on the Platform are based on the information provided by the Merchants and we shall not be responsible for any change or cancellation or unavailability.
You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of change of the delivery location shall be at our sole discretion.
You shall undertake to provide adequate directions, information and authorisations to accept delivery. In the event of any failure to accept delivery, failure to deliver within the estimated 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 and you shall not be entitled to any refund for the same. Our decision in relation to this shall be final and binding.
You understand that our liability ends once your order has been delivered to you.
You confirm that we shall not be responsible for any deficiency in payment of consideration payable towards the goods purchased from the Services.
You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/debit card details to the approved payment gateways for availing the Services. You shall not use the credit /debit card which is not lawfully owned by you, i.e. in any transaction. You must use your own credit /debit card. The information provided by you will not be utilized or shared with any third party unless required in relation to fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such product or services.
We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sold discretion, contact you with further instructions.
If you use the Platform, you do the same at your own risk.
You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
Tring24 reserves the right to terminate your Membership and /or deny access to the platform if it is brought Tring24’s notice that you are under the age of 18 years.
As we are providing services in the select cities in India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery Zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.