Terms & Conditions

Last Updated 27 July 2020

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.goeats.in website and GoEats application for mobile and handheld devices

1. Agreement to Terms

1.1 These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (you), and GoEats, doing business as GoEats, located at Station Road , Jhumri Telaiya, Koderma, India, Jharkhand 825409 India (we, us), concerning your access to and use of the GoEats (http://www.goeats.in) website as well as application for mobile and handheld devices (the Site).

The Site provides the following services: web and app-based marketplace for delivering food, groceries, vegetables & fruits, pickup and drop services and many other goods and services, either directly or as the middleman between other retailers and customers (Services). You agree that by accessing the Site and/or Services, you have read, understood, and agree to be bound by all of these Terms and Conditions.

If you do not agree with all of these Terms and Conditions, then you are prohibited from using the Site and Services and you must discontinue use immediately. We recommend that you print a copy of these Terms and Conditions for future reference.

1.2 The supplemental policies set out in Section 1.6 below, as well as any supplemental terms and condition or documents that may be posted on the Site from time to time, are expressly incorporated by reference.

1.3 We may make changes to these Terms and Conditions at any time. The updated version of these Terms and Conditions will be indicated by an updated “Revised” date and the updated version will be effective as soon as it is accessible. You are responsible for reviewing these Terms and Conditions to stay informed of updates. Your continued use of the Site represents that you have accepted such changes.

1.4 We may update or change the Site from time to time to reflect changes to our products, our users' needs and/or our business priorities.

1.5 Our site is directed to people residing in India. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.

1.6 Supplemental policies which also apply to your use of the Site include:

a) Our Privacy Policy available at www.goeats.in/PrivacyPolicy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Site, you consent to such processing and you warrant that all data provided by you is accurate.

2. Acceptable Use

2.1 You may not access or use the Site for any purpose other than that for which we make the site and our services available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

2.2 As a user of this Site, you agree not to:

a) Systematically retrieve data or other content from the Site to a compile database or directory without written permission from us

b) Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users to send unsolicited email or creating user accounts under false pretenses

c) Use a buying agent or purchasing agent to make purchases on the Site

d) Use the Site to advertise or sell goods and services

e) Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any content or enforce limitations on the use

f) Engage in unauthorized framing of or linking to the Site

g) Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords

h) Make improper use of our support services, or submit false reports of abuse or misconduct

i) Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools

j) Interfere with, disrupt, or create an undue burden on the Site or the networks and services connected to the Site

k) Attempt to impersonate another user or person, or use the username of another user

l) Use any information obtained from the Site in order to harass, abuse, or harm another person

m) Sell or otherwise transfer your profile

n) Use the Site or our content as part of any effort to compete with us or to create a revenue-generating endeavor or commercial enterprise

o) Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site

p) Attempt to access any portions of the Site that you are restricted from accessing

q) Harass, annoy, intimidate, or threaten any of our employees, agents, or other users

r) Delete the copyright or other proprietary rights notice from any of the content

s) Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code

t) Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material that interferes with any party’s uninterrupted use and enjoyment of the Site, or any material that acts as a passive or active information collection or transmission mechanism

u) Use, launch, or engage in any automated use of the system, such as using scripts to send comments or messages, robots, scrapers, offline readers, or similar data gathering and extraction tools

v) Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site

w) Use the Site in a manner inconsistent with any applicable laws or regulations

x) Threaten users with negative feedback or offering services solely to give positive feedback to users

y) Misrepresent experience, skills, or information about a User

z) Advertise products or services not intended by us

aa) Falsely imply a relationship with us or another company with whom you do not have a relationship

3. Information you provide to us

3.1 You represent and warrant that: (a) all registration information you submit will be true, accurate, current, and complete and relate to you and not a third party; (b) you will maintain the accuracy of such information and promptly update such information as necessary; (c) you will keep your password confidential and will be responsible for all use of your password and account; (d) you have the legal capacity and you agree to comply with these Terms and Conditions; and (e) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site.

If you know or suspect that anyone other than you knows your user information (such as an identification code or user name) and/or password you must promptly notify us at contact.goeats@gmail.com.

3.2 If you provide any information that is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account. We may remove or change a user name you select if we determine that such user name is inappropriate.

3.3 As part of the functionality of the Site, you may link your account with online accounts you may have with third party service providers (each such account, a Third Party Account) by either: (a) providing your Third Party Account login information through the Site; or (b) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.

You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third party service providers.

3.4 By granting us access to any Third Party Accounts, you understand that (a) we may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists; and (b) we may submit and receive additional information to your Third Party Account to the extent you are notified when you link your account with the Third Party Account.

Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your account on the Site. Please note that if a Third Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third party service provider, then Social Network Content may no longer be available on and through the Site.

You will have the ability to disable the connection between your account on the Site and your Third Party Accounts at any time. Please note that your relationship with the third party service providers associated with your third party accounts is governed solely by your agreement(s) with such third party service providers. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and we are not responsible for any Social Network Content.

You acknowledge and agree that we may access your email address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. At your email request to contact.goeats@gmail.com or through your account settings (if applicable), we will deactivate the connection between the Site and your Third Party Account and attempt to delete any information stored on our servers that was obtained through such Third Party Account, except the username and profile picture that became associated with your account.

4. Content you provide to us

4.1 There may be opportunities for you to post content to the Site or send feedback to us (User Content). You understand and agree that your User Content may be viewed by other users on the Site, and that they may be able to see who has posted that User Content.

4.2 You further agree that we can use your User Content for any other purposes whatsoever in perpetuity without payment to you, and combine your User Content with other content for use within the Site and otherwise. We do not have to attribute your User Content to you.

4.3 You warrant that any User Content does comply with our Terms and Conditions, you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.

4.4 We have the right to remove any User Content you put on the Site if, in our opinion, such User Content does not comply with the Terms and Conditions.

4.6 We are not responsible and accept no liability for any User Content including any such content that contains incorrect information or is defamatory or loss of User Content. We accept no obligation to screen, edit or monitor any User Content but we reserve the right to remove, screen and/or edit any User Content without notice and at any time. User Content has not been verified or approved by us and the views expressed by other users on the Site do not represent our views or values

4.7 If you wish to complain about User Content uploaded by other users please contact us at contact.goeats@gmail.com or use the take down or report button.

5. Our content

5.1 Unless otherwise indicated, the Site and Services including source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (Our Content) are owned or licensed to us, and are protected by copyright and trade mark laws.

5.2 Except as expressly provided in these Terms and Conditions, no part of the Site, Services or Our Content may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

5.3 Provided that you are eligible to use the Site, you are granted a limited licence to access and use the Site and Our Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use.

5.4 You shall not (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; and/or (b) make for any purpose including error correction, any modifications, adaptions, additions or enhancements to the Site or Our Content, including the modification of the paper or digital copies you may have downloaded.

5.5 We shall (a) prepare the Site and Our Content with reasonable skill and care; and (b) use industry standard virus detection software to try to block the uploading of content to the Site that contains viruses.

5.6 The content on the Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Site.

5.7 Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that Our Content on the Site is accurate, complete or up to date.

6. Link to third party content

6.1 The Site may contain links to websites or applications operated by third parties. We do not have any influence or control over any such third party websites or applications or the third party operator. We are not responsible for and do not endorse any third party websites or applications or their availability or content.

6.2 We accept no responsibility for adverts contained within the Site. If you agree to purchase goods and/or services from any third party who advertises in the Site, you do so at your own risk. The advertiser, and not us, is responsible for such goods and/or services and if you have any questions or complaints in relation to them, you should contact the advertiser.

7. Site Management

7.1 We reserve the right at our sole discretion, to (1) monitor the Site for breaches of these Terms and Conditions; (2) take appropriate legal action against anyone in breach of applicable laws or these Terms and Conditions; (3) refuse, restrict access to or availability of, or disable (to the extent technologically feasible) any of your Contributions; (4) remove from the Site or otherwise disable all files and content that are excessive in size or are in any way a burden to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and Services.

7.2 We do not guarantee that the Site will be secure or free from bugs or viruses.

7.3 You are responsible for configuring your information technology, computer programs to access the Site and you should use your own virus protection software.

8. Modifications to and availability of the Site

8.1 We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. We also reserve the right to modify or discontinue all or part of the Services without notice at any time.

8.2 We cannot guarantee the Site and Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or Services during any downtime or discontinuance of the Site or Services.We are not obliged to maintain and support the Site or Services or to supply any corrections, updates, or releases.

8.3 There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Services, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information at any time, without prior notice.

9. Communications

By using this Site, it is deemed that you have consented to receiving calls, autodialled and/or pre-recorded message calls, text messages, videos, images, and other data from us, and/or Vendors at any time, on the contact information that has been provided by you as part of Registration Data or otherwise.

In the event you avail Services, we may send confirmation, cancellation, schedule change or any such other information relevant for the transaction, via SMS, Chat, or by voice call on the contact number provided by you or through information about you received from other parties. This consent to be contacted is for purposes that include but are not limited to clarification calls and marketing and promotional calls.

You may also be contacted by Service Providers with whom we have entered into a contract in furtherance of our rights, duties and obligations under this document, and all other policies followed by us. The sharing of the information provided by you is governed by the Privacy Policy. You hereby unconditionally consent that such communications via SMS, Chat and/ or voice call is (a) upon your request and authorization, (b) ‘transactional’ and not an ‘unsolicited commercial communication’ as per the guidelines of Telecom Regulation Authority of India (TRAI) and (c) in compliance with the relevant guidelines of TRAI or such other authority in India.

You hereby agree and undertake to indemnify us against all types of losses and damages incurred by us due to any action taken by TRAI, Access Providers (as per TRAI regulations) or any other authority due to any erroneous compliant raised by you against us with respect to the intimations mentioned above or due to a wrong number or email id being provided by you for any reason whatsoever.

10. Vendor Content

All text, graphics, photographs, trademarks, designs and artwork collected from publicly available information or those provided by Vendors or their agents or representatives (collectively, “Vendor Content”), is third-party generated content and we have no control over such content.

Other than when provided for, the use of such content and it being reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our express prior written consent is prohibited.

11. Services

In the event you so desire, you may place orders with Vendors. These orders may be in the form of scheduled jobs for a specific requirement to be provided / fulfilled by a Vendor, or for an Instant service order.

Scheduled Jobs are where order is placed in advance and scheduled for a time of at least 12 working hours after the booking.

For Instant service order, order so placed is required to be served within 3 working hours of the of booking the order.

The orders are placed based upon the services offered from Vendors and ordered products are delivered at your door-step or where the Vendor may need to visit the premises/location in question and provide further estimates or quotes for the service after appraising the service need. Do note that the prices, charges, fees, and other details displayed on the Site are provided by the Vendor. You may choose from the Vendors on the Site for these.

Repair Charges / Visit Charges are the charges by the User for the Vendor to visit user premises. Subject to the assessment of the Vendor on location, the Vendor may suggest repair or replacement of any part which would entail additional charges as quoted by the Vendor. For any further service, including part replacement or repair, the user will need to approve the quote provided by the Vendor and place the order.

Do note that the prices, charges, fees, and other details displayed on the Site are provided by the Vendor.

Orders

Your act of placing an order (hereinafter “Order”) for any Vendor services provided on or through the Site shall be deemed to constitute a contractual offer that may be accepted or rejected by the Vendor, at their discretion.

Once an Order is placed, you may, if you wish to do so, amend or cancel the Order as per the Cancellation Terms.

The company reserves the right to undertake all necessary steps to ensure that the security, safety and integrity of the company’s systems as well as Vendor and User interests are and remain, well-protected. To this end, the Company may take various steps to verify and confirm the authenticity, enforceability and validity of Orders.

If the Company, in its sole and exclusive discretion, concludes that Orders are not or do not reasonably appear to be, authentic, enforceable or valid, the Company may cancel the said Orders at any time up to 6 hours after the Order has been placed.

12. Cancellations

User is allowed to cancel / reschedule the orders anytime through the Site or by communicating with GrizApp customer care.

User is allowed to cancel/reschedule the order one hour before the scheduled service delivery time (in case of Schedule job). The User will be charged one-unit price as cancellation fee or inconvenience fee in such cases.
User will be charged one-unit fee and all applicable charges if he cancels/reschedules the job once the service partner reaches the user’s premises or other location where service is to be rendered.
Continuous cancellations/reschedule of job request or any malicious activities may attract suspension of service by GoEats and further termination of agreement with User.
User will not be charged for cancellation if the service partner is running late by more than 30 minutes from the scheduled time. The User is urged to consider the geographical factors such as traffic conditions, accessibility and climate conditions before cancelling the request.
Due to any unforeseen circumstances or internal reasons, GoEats reserves the right to cancel any job request at any point of time with communication to user and will not be liable to the User, Vendor, or any other party for the same.
User is not allowed to cancel/reschedule more than three job requests a day and may be suspended from service for any such activities.
For Instant service order, order once place cannot be cancelled

13. Billing And Payment Policy

When you use the Services, place Orders, you may be required to pay for them either on the Site or other modes of payment accepted by the Company. To process such financial transactions, we may use third-party electronic payment processors or service providers (ESPs). You agree to be certain by the terms and conditions of use of each appropriate ESP. In the event of conflict between this Agreements and the ESP’s terms and conditions, these Agreements shall prevail.

GoEats offers its user to pay the Vendor either through mobile wallet, online using net-banking/ debit card or by cash. GoEats expressly disclaims responsibility of refund for payments made by cash. User is liable to pay the invoiced amount immediately after the service is rendered. GoEats takes no responsibility for money paid to Vendor without our knowledge and we have no control over payments made in cash to Vendor other than what is agreed between GoEats and user.

Hence it is important that payments to be made directly to GoEats via online payment options available on the Site. We discourage any tips or reward to any of our Vendor however if any user is doing so is completely based on their own will and decision.

Transactions on the Site are secure and protected. Any information entered by the User when transacting on the Site is encrypted to protect the User against unintentional disclosure to third parties. The User’s credit and debit card information is not received, stored by or retained by the Site in any manner. This information is supplied by the User directly to the relevant payment gateway which is authorized to handle the information provided and is compliant with the regulations and requirements of various banks and institutions and payment franchisees that it is associated with.

Users are requested to provide valid, accurate and complete information about your identity, payment account details (Card information, Bank account information, and wallet credentials), Biller information and the payment information (payment amount and transaction description). GoEats reserves the right to terminate user account or refuse your current and future use of Service in case your information found suspicious.

GoEats assumes no responsibility and shall incur no liability if it is unable to affect any payment instruction owing to any one or more of the following circumstances;

If the Payment Instruction(s) issued by you is/are incomplete, inaccurate, invalid.
If the Payment Account has insufficient funds/limits to cover for the amount as mentioned in the Payment Instruction(s)
If your Bank or the wallet service refuses or delays honouring the Payment Instruction(s)
If payment is not processed by biller upon receipt.
If the user crosses transaction limit/amount limit decided by wallet services, payment gateways and banks.
Circumstances beyond the control of GoEats, including natural calamities, issues with payment system, power failures etc.

Note: User must ensure seamless Internet connectivity and must have all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. User is solely responsible any fees associated with access to World Wide Web, directly or indirectly access to web content.

If the money gets deducted from the user account and the payment is not reflected in the application, you are requested to contact the GoEats customer care support at +91 9508357425 or mail at contact.goeats@gmail.com. Your payment will be reflected within 7 working days if the transaction is successful at the payment gateway partners. If your payment status is not updated in the given time frame, please contact the bank for further enquiries. GoEats does not take responsibility for such cases and payment will reflect in your bank account as per Bank's TAT.

14. Service Delivery

GoEats strongly discourages any direct contact with GoEats Vendors or any service requested directly by the user with the GoEats Vendor, as in such cases has no control or takes no responsibility on whatsoever situation or condition. GoEats does not provide or deal with material or spare parts required for delivering the service. Users are requested to buy the material to carry out the service or by it through Vendors. Vendor is solely responsible/ liable for damages caused during service delivery, in such events user is requested to first contact the customer support team and then may lodge a complaint against the Vendor, if the damage is resolved with mutual understanding.

User is requested to report/inform GoEats immediately for any misconduct or unsatisfied behaviour of any of our Vendor so that we can take necessary action in order to resolve incidents and prevent the occurrence of such incidence in future. However, if the misconduct is falling in the category of breach of law then the user may deal with that as per the applicable laws directly with the Vendor and GoEats will not be responsible in such case. Also, if the Vendor involves in any criminal activities during the service delivery or at any stage of service cycle the user, at its own will can take direct action under the laws of the country and also keep us informed on full details of the same. GoEats will not be party to any such action.

GoEats offers 7 to 30 days warranty on service offered via GoEats Site (warranty period is varied between services), any additional charges asked by Vendor must be informed to customer care ____________ or __________ before making such payments.

15. Refund Policy

User is permitted to claim refund from GoEats for:

False Service
Incomplete job
Damaged Product

User can send a mail to contact.goeats@gmail.com within 3 days from the day of job delivery with subject line “Refund Request_Order Id No. ” or raise a complaint against specific order directly from ‘Order History’ page in the Application. GoEats team will register the complaint and share the complaint number within 24 hours via mail/ text message. User will receive the final status of the claim within 7 working days via e-mail. If the refund request is approved by GoEats grievance redressal officer, refund amount will be credited to customer account within 48 business hours (excluding holidays). GoEats reserves the right to approve or decline a refund request. The refund claim will be processed by gathering information about job delivery from the Vendor. The status of the claim will be shared along with reason for approval/decline with the User via the registered mail id of the User.

Note: Refund requests shall only be entertained if payments have been made through wallet/online payment options.

16. Disclaimer

9.1 The Site and Services are provided on an as-is and as-available basis. You agree that your use of the Site and/or Services will be at your sole risk except as expressly set out in these Terms and Conditions. All warranties, terms, conditions and undertakings, express or implied (including by statute, custom or usage, a course of dealing, or common law) in connection with the Site and Services and your use thereof including, without limitation, the implied warranties of satisfactory quality, fitness for a particular purpose and non-infringement are excluded to the fullest extent permitted by applicable law.

We make no warranties or representations about the accuracy or completeness of the Site’s content and are not liable for any

1) errors or omissions in content:

2) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored on our server;

3) any interruption or cessation of transmission to or from the site or services; and/or

4) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.

5) your requirements will be met or that services provided will be uninterrupted, timely, secure or error-free;

6) materials or information provided will be effective, accurate or reliable;

7) your requirements will be conveyed in their entirety to the vendor;

8) vendors will respond to your orders;

9) the vendors displayed to you, curated or otherwise, will be accurate or updated;

10) the services will be provided to you as per the schedule displayed;

11) any errors or defects in the Site, services, or other materials, will be corrected.

We will not be responsible for any delay or failure to comply with our obligations under these Terms and Conditions if such delay or failure is caused by an event beyond our reasonable control.

Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

To the maximum extent permitted by applicable law, we will have no liability related to user content or vendor content arising under intellectual property rights, libel, privacy, publicity, obscenity or other laws. The company also disclaims all liability with respect to the misuse, loss, modification or unavailability of any user content.

The user understands and agrees that any material or data downloaded or otherwise obtained through the Site is done entirely at their own discretion and risk and they will be solely responsible for such actions. The company accepts no liability for any errors or omissions, with respect to any information provided to you whether on behalf of itself or third parties.

We shall not be liable for any third-party product or services. We do not control any of the services offered on the Site. The availability of services through the Site does not indicate an affiliation with or endorsement of any service or vendor. Accordingly, we do not provide any warranties with respect to or services offered through the Site, save as expressly set forth herein. However, the products and services offered through the Site may be covered by a manufacturer's warranty included with the product. To obtain warranty service for defective products, please follow the instructions included in the manufacturer's warranty.

Warranties relating to products or services offered, sold, or distributed by us or through the Site are subject to separate warranty terms and conditions, if any, provided with or in connection with the applicable products or services. You affirm that we shall not be liable, under any circumstances, for any breach of warranty claims or for any damages arising out of the manufacturer's failure to honor its warranty obligations to you.

17. Indemnification And Limitation Of Liability

You agree to indemnify, defend and hold harmless this Site including but not limited to the company, its affiliates, vendors, agents, directors and employees from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by us that arise out of, result from, or may be payable by virtue of, any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these terms of use. Further, you agree to hold us harmless against any claims made by any third party due to, or arising out of, or in connection with, your use of the Site, any claim that your material caused damage to a third party, your violation of the terms of use, or your violation of any rights of another, including any intellectual property rights.

In no event shall we, our officers, directors, employees, partners or suppliers be liable to you, or any third party for any special, incidental, indirect, consequential or punitive damages whatsoever, including those resulting from loss of use, data or profits, whether or not foreseeable or whether or not we have been advised of the possibility of such damages, or based on any theory of liability, including breach of contract or warranty, negligence or other tortious action, or any other claim arising out of or in connection with your use of or access to the Site, services or materials.

The limitations and exclusions in this section apply to the maximum extent permitted by applicable law.

18. GOVERNING LAW

These Terms shall be governed and construed in accordance with the laws of India as applicable in the state of Jharkhand.

19. DISPUTE RESOLUTION MANAGEMENT

GoEats reserves the right to manage, resolve or decline the disputes with user. Any disputes raised by user will be processed by the GoEats team and notify the user on acceptance of dispute, via mail along with complaint number. GoEats team will enquire the complaint and based on the findings, the User will be receiving the response from GoEats team within 7 working days from the day of complaint.

If the user is not satisfied with the resolution, the matter shall be referred to binding arbitration by a sole arbitrator. The sole arbitrator shall be jointly appointed by the Company and the User. The arbitral award shall be final and binding on the parties and there shall be no further remedy available. The arbitration proceedings will take place in Jhumri Telaiya, Jharkhand and will be in English. The provisions of the Arbitration and Conciliation Act, 1996, shall apply to the arbitration.

The Courts in Jhumri Telaiya , Jharkhand, shall have the jurisdiction for all suits arising out of or in connection with this Agreement.

20. APPLICATION TERMS

Upon download and installation of the mobile application, you grant the following permissions to the application to perform the following actions on the device you have installed the application on:

a) to retrieve information about the device;

b) to retrieve information about other applications running on the device the application has been installed on;

c) to access information about accounts on the device;

d) to read from, write on, modify, and delete data pertaining to contacts on the device;

e) to access information about networks, access networks including Wi-Fi networks, receive and send data through the network;

f) to determine your approximate location from sources like, but not limited to mobile towers and connected Wi-Fi networks;

g) to determine your exact location from sources such as, but not limited to GPS;

h) to access the model number, IMEI number and details about the operating system of the device the application has been installed on, as well as the phone number of the device;

i) to detect when the device had been switched off and switched on and to identify the status of the device;

j) to read from, write on, modify, and delete data pertaining to the application on the device’s hard disk and/or external storage;

k) to read from, write on, modify, and delete data pertaining to Photos / Media / Files on the device’s hard disk and/or external storage;

l) to access the camera on the device and record photographs and videos;

m) to access the microphone on the device and record audio;

n) to access and change the display and sound settings of the device;

o) to capture audio output;

p) to interact across users on the device;

q) to pair with Bluetooth devices;

r) to run at start-up of the device;

s) to draw over other apps on the device;

t) to control vibration of the device; and

u) to prevent the device from sleeping.

21. Term and condition

21.1 These Terms and Conditions shall remain in full force and effect while you use the Site or Services or are otherwise a user of the Site, as applicable. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings, if available, or by contacting us at contact.goeats@gmail.com.

21.2 Without limiting any other provision of these Terms and Conditions, we reserve the right to, in our sole discretion and without notice or liability, deny access to and use of the Site and the Services (including blocking certain IP addresses), to any person for any reason including without limitation for breach of any representation, warranty or covenant contained in these Terms and Conditions or of any applicable law or regulation.

If we determine, in our sole discretion, that your use of the Site/Services is in breach of these Terms and Conditions or of any applicable law or regulation, we may terminate your use or participation in the Site and the Services or delete your profile and any content or information that you posted at any time, without warning, in our sole discretion.

21.3 If we terminate or suspend your account for any reason set out in this Section 9, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

22. Mobile Application

22.1 If you access the Services via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this license.

11.2 The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an App Distributor) to access the Services:

(a) The licence granted to you for our mobile application is limited to a non-transferable licence to use the application on a device that utilizes the Apple iOS or Android operating system, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor terms of service;

(b) We are responsible for providing any maintenance and support services with respect to the mobile application as specified in these Terms and Conditions or as otherwise required under applicable law. You acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;

(c) In the event of any failure of the mobile application to conform to any applicable warranty, you may notify an App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, an App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;

(d) You must comply with applicable third party terms of agreement when using the mobile application

(e) You acknowledge and agree that the App Distributors are third party beneficiaries of these Terms and Conditions, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against you as a third party beneficiary thereof.

23. General

23.1 Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing.

You hereby agree to the use of electronic signatures, contracts, orders and other records and to electronic delivery of notices, policies and records of transactions initiated or completed by us or via the Site. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

23.2 These Terms and Conditions and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us.

23.3 Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision.

23.4 We may assign any or all of our rights and obligations to others at any time.

23.5 We shall not be responsible or liable for any loss, damage, delay or failure to act caused by any cause beyond our reasonable control.

23.6 If any provision or part of a provision of these Terms and Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions.

23.7 There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions or use of the Site or Services.

23.8 Except as stated under the Mobile Application section, a person who is not a party to these Terms and Conditions shall have no right to enforce any term of these Terms and Conditions.

23.9 In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us by email at contact.goeats@gmail.com or by post to:

GoEats

Station Road,Jhumri Telaiya,

Koderma, India, Jharkhand 825409

India