JUST BIRYANI – USER TERMS AND CONDITIONS

These Terms and Conditions of Use of Services (hereinafter, “Terms of Use”) constitute a binding agreement between you (hereinafter, “the User”) and JustBiryani.app, a partnership firm registered under the Indian Partnership Act, 1932, having its registered office at 4, 2nd St, Anna Nagar West, Thangam Colony, Anna Nagar,Chennai, Tamil Nadu 600040 India (hereinafter, “JustBiryani.app”, which shall include its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, employees, and associates) with respect to the User’s access to the Website, “www.JustBiryani.app” (hereinafter, “Website”),  application for mobile and handheld device, “JustBiryani.app” (hereinafter, “app”), to be collectively referred to as “Platform”, and any and all Services provided by JustBiryani.app.

These Terms of Use contain important provisions, which the User must consider carefully when choosing to visit the Platform, attend our Course or Sessions or use any of the Services.

The User shall read the entire Terms of Use carefully before accessing any of the Services. 

The User is solely responsible for understanding and complying with any and all laws, rules, and regulations of any jurisdiction in the User’s place of residence, citizenship, incorporation, or formation, the place from which the User accesses any and all of the Services, and/or that may be applicable to the User in connection with the use of any and all Services.

BY AVAILING ANY OF THE SERVICES, THE USER AGREES TO ACCEPT AND COMPLY WITH THESE TERMS OF USE. IF THE USER DOES NOT AGREE OR NO LONGER AGREES TO ACCEPT AND/OR COMPLY WITH ANY OF THESE TERMS OF USE, THE USER SHALL NOT USE OR STOP USING THE SERVICES IMMEDIATELY.

 

DEFINITION

Delivery Partners: Third party independent contractors engaged with JustBiryani.app responsible for providing the pick-up and delivery services and completing Orders and Services; 

Order: Selection of Product and Payment made by User to purchase such Product from the Platform;

Product: Food, Beverages and other products made available by the Restaurant on the Platform of JustBiryani.app;

Restaurant: Restaurants and other facilities that are registered with JustBiryani.app for providing Products through the Platform;

Services: Services made available by JustBiryani.app on the Platform as defined under Clause 2 of the Terms of Use.

 

SERVICES

The Services rendered by JustBiryani.app is providing the Platform for enabling transactions between the Users and Restaurants engaged in preparing Products. The User can place Orders from the Products made available on the Platform subject to such other terms as specified in the Terms of Use;

Delivery Partners are engaged in the pick-up and delivery of Products pursuant to Orders and JustBiryani.app enables such Services by connecting Delivery Partners to the Users. The User understands that JustBiryani.app merely serves as an intermediary between the Restaurants, Users and Delivery Partners. 

Delivery Partners are individual entrepreneurs contracted with JustBiryani.app on a voluntary, non-exclusive and principal to principal basis to provide the Services, who are free to determine their timings of work. Delivery Partners are not under the control of JustBiryani.app and are not agents or employee of JustBiryani.app;

The Services of Delivery Partners are subject to a Delivery Fee, valued on the basis of several factors such as, inter alia distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.

 

REGISTRATION

The User shall register and create an account with JustBiryani.app, either in the Website or App, to use the Services offered therein;

The User shall be able to register to use the Services offered by JustBiryani.app by logging into your account with certain Third Party Social Networking Sites (hereinafter, “SNS”). The User represents that he is the owner of such SNS accounts and entitled to disclose information to log into and access such SNS accounts; 

The User understands and agrees that, by registering via SNS accounts, JustBiryani.app is authorised to collect and store any information that is made available in SNS accounts consistent with the applicable privacy settings set in such SNS accounts; 

The User agrees to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete;

The User is required to maintain the password confidential and shall not disclose the password to any third party;

The User shall be solely responsible for the confidentiality and security of the JustBiryani.app account and the activities or actions thereunder, irrespective of whether such activities or actions were authorised or not. The User agrees to notify JustBiryani.app of any unauthorised use of the User’s JustBiryani.app account;

 

REPRESENTATIONS

The User acknowledges and agrees that JustBiryani.app does not make any representation or warranty, to any extent, of the content on the Platform and the products made available therein. The use of or reliance of any Product made available by a Restaurant on the Platform is at the User’s sole discretion and the User is advised to exercise adequate caution and judgment while engaging with a Restaurant on the Platform; 

The User acknowledges and agrees that JustBiryani.app will not responsible for any unsatisfactory, non-performance or breach of any contract entered into between the User and Restaurant, and between Restaurant/User and Delivery Partner on the Platform;

  • JustBiryani.app shall not be responsible for any third party offers or Restaurant offers that may be made available through the Platform;
  • JustBiryani.app cannot and does not guarantee the concerned Users that the  Restaurants and Delivery Partners will perform any transaction concluded on the Platform;
  • JustBiryani.app does not make any representation or warranty on the specifics of the Product of the Restaurants made available as part of the Service on the Platform;
  • JustBiryani.app does not endorse or support, impliedly, expressly, or in any manner, of the Products made available on the Platform;
  • JustBiryani.app does not make any representation or warranty with respect to any aspect of the Services rendered by the Delivery Partners through the Platform.

 

RELATIONSHIP

The User understands and agrees that the Services offered by JustBiryani.app are purely facilitative in nature and JustBiryani.app, during the course of the Service, at any point of time, does not come into or take possession or ownership of the Products offered by the Restaurant;

The User understands and agrees that the sale or purchase of Products from the Platform strictly constitute a bipartite contract between the Restaurant and the User and that JustBiryani.app mere serves as a platform for communication, without holding any right, title, or interest over the Products. 

 

GRIEVANCE REDRESSAL 

Where the User has any grievance against the Products delivered from using the Service provided in the Platform, the User can raise a complaint through the Platform, which shall be notified and redirected by JustBiryani.app to the concerned Restaurant;

The User understands that the Restaurant shall be solely liable to redress the User’s grievances, and JustBiryani.app shall assist the User by providing any available information at its discretion. 

 

PROHIBITED USES

The User shall use the Services only for lawful purposes. By using the Services of JustBiryani.app, the User agrees not to use the Services:

To advertise, sell or resell the Product, Services, Platform, domain name or otherwise (whether for profit or not for profit) or use it to solicit others (including, without limitation, solicitations for contributions or donations);

To engage or use the Platform for commercial purposes of any kind such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of products related to the Platform without our prior written consent;

To host, display, upload, download, modify, publish, transmit, update or share any information which is false, misleading or misrepresentative in any way or belongs to another person and which the User does not have any right to;

In any way that violates any laws in force in India; 

To impersonate or attempt to impersonate JustBiryani.app or any person associated JustBiryani.app, another User, or any other person or entity;

To engage in any other conduct that restricts, inhibits or interfere anyone’s use or enjoyment of the Service, or which, as determined by JustBiryani.app, may harm or offend JustBiryani.app or the Users of the Services or expose them to liability;

To monitor or make copies of the information and content provided in the Platform or during the course of Services without the prior consent of JustBiryani.app;

To make available the Services or any information derived from the Services to any third party without the prior consent of JustBiryani.app;

Take any action that may damage or falsify JustBiryani.app;

To use the Platform or Services in any way that harms JustBiryani.app or any other person or entity as determined by JustBiryani.app;

For Offending, Stalking, intimidating and/or harassing another and/or inciting other to commit violence; 

For Transmitting material that encourages anyone to commit a criminal offence, that results in civil liability or otherwise breaches any relevant laws, regulations or code of practice;

For making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner, committing any act that amounts to the infringement of intellectual property or making available any material that infringes any intellectual property rights or other proprietary rights of anyone else;

To post, transmit or make available any material that contains viruses, Trojan horses, worms, spyware, time bombs, cancelbots, or other computer programming routines, code, files or such other programs that may harm the Services, interests or rights of other Users or limit the functionality of any computer software, hardware or telecommunications, or that may harvest or collect any data or personal information about other Users without their consent;

To gain unauthorized access or exceeds the scope of authorized access to the Platform or to profiles, blogs, communities, account information, bulletins, friend request, or other areas of the Platform or solicits passwords or personal identifying information for commercial or unlawful purposes from other users;

Alter or modify any part of the Services;

To use the Services for purposes and in manner not prescribed in the Terms of Use;

Otherwise, attempt to interfere with the proper working of the Services.

 

CUSTOMER FEEDBACK

During the course of Service, the User shall be required to provide information regarding the Products and the Services rendered to the User;

The User undertakes that such information provided are true and accurate in all aspects and the User shall not exaggerate or overemphasize such information to deceive any other Users.

 

ORDER BOOKING 

The User shall place Orders of Products made available by Restaurants in the Platform and upon acceptation, JustBiryani.app shall facilitate the delivery of such Products through Delivery Partners;

The User understands that the fulfilment of any Order placed on the Platform is subject to the Terms of Use herein, including, but not limited to product availability, delivery location serviceability, and acceptance of Orders by Restaurants and Delivery Partners;

Subject to the contrary, every Order placed on the Platform is treated as confirmed and the Buyer shall be responsible to pay the total amount for the Order placed on the Platform;

Upon successful completion of placing an Order by the User, JustBiryani.app may call the User on the contact number provided by the User at the time of registration with JustBiryani.app, to confirm the details of such Order, price to be paid and the estimated delivery time;

JustBiryani.app may also contact the User by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Restaurant. Please note that any change or confirmation of the Order shall be treated as final;

JustBiryani.app reserves the right to not to process User's Order in the event User or Restaurant or Delivery Partner is unavailable on the phone or any other means of communication at the time when JustBiryani.app calls the User for confirming the Order and such event Refund under Clause 11 shall be applicable;

The payment for the Services rendered in the Platform shall be paid in only Indian Rupees acceptable in the Republic of India and not in any other form of currency. 

The User shall be able to pay for the Services, at the time of placing the Order in:

  • Credit Card;
  • Debit Card;
  • Net Banking; and
  • Any other RBI approved payment method.

The User shall be able to pay for the Services at the time of delivery of the Product in:

  • Credit Card;
  • Debit Card;
  • Cash.

The User acknowledges and agrees that JustBiryani.app, for the purpose of effecting payment, merely serves as an agent of the Restaurant and Delivery Partner and upon making such payment to JustBiryani.app, the User’s payment obligation to the Restaurant and Delivery Partner is fulfilled;

The User understands that the neither does JustBiryani.app, while providing payment facilities, is engaged in financial or banking services nor does the User under any circumstances provide payment, in furtherance of the Services, to the Restaurant and the Delivery Partner directly;

The User understands that the prices as reflected in the Platform is inclusive of packaging and handling charges as may be determined by the Restaurant. The prices of Products are as specified by the Restaurant which is subject to change at their sole discretion which may be intimated to the User if JustBiryani.app is duly notified of the same;

The User understands and agrees that the User shall be charged for the Service, apart from the price of the Product, a Delivery Fee by the Restaurant or Delivery Partner as may be determined by them;

The User agrees that JustBiryani.app is authorised to collect such amount, on behalf of the Restaurant and Delivery Partner, via third party payment processors subject to terms and conditions thereof;

The Orders shall be subject to applicable taxes and levies at such rates as specified by the laws in force and it shall be the duty of the Restaurant and Delivery Partner to determine the rate and manner of applicability of such taxes and levies, with JustBiryani.app holding no responsibility for any legal issue concerning the taxes and levies.

 

UNDERTAKINGS OF THE USER

The User understands and agrees that: 

JustBiryani.app shall not hold any responsibility as to the expectation of the User, quality or availability of the Product served by the Restaurant and the delivery services provided by the Delivery Partner;

The availability of the Services provided by JustBiryani.app is contingent on the delivery location, locality and the connection of the User;

The delivery time quoted in the Platform is merely an estimation and JustBiryani.app shall not be liable in case of any delay in delivery of the Order;

The Products shall be delivered by the Delivery Partner at the address specified by the User at the time of placing the Order. The Delivery Partner is under no obligation to complete the delivery of the Product in case of change of address of delivery by the User after placing the Order and the User shall not be entitled to refund of the amount paid in case of cancellation of the said Order;

The User shall provide adequate directions, information and authorisation to give effect and complete the delivery. If on account of the act or omission of the User, delivery could not be completed, then it shall be deemed that delivery had been completed and the User shall not be entitled to refund;

The liability of JustBiryani.app ends with the completion of delivery of Product and any liability with respect to the Product subsists only against the Restaurant and Delivery Partner;

The Services of JustBiryani.app shall only be available during working hours of the relevant Restaurant and Delivery Partners;

In case of any disruption, breaking or any other connectivity issues during the course of service provided by JustBiryani.app resulting in its non-completion, JustBiryani.app shall not, under any circumstance, be liable or responsible for the costs;

The use of the Platform and the Services by the User shall be at the User’s own risk and discretion.

 

REFUND AND CANCELLATION

Cancellation by the User:

Once an Order is placed by the User in the Platform, the User shall not be entitled to cancel the Order unless the same is done within one [1] minute of placing the Order;

Where an Order is cancelled by the User beyond one [1] minute of placing it, JustBiryani.app shall be entitled to compensation for breach of contract amounting to 100% of Order value, either by denying refund of amount paid or recover it from a subsequent Order to be made by the User; 

JustBiryani.app reserves the right to deny refund in case of cancellation of Order by the User in all scenarios, including when the Order is cancelled within one [1] minute of placing it, at the sole discretion of JustBiryani.app;

Cancellation otherwise than by User:

JustBiryani.app reserves the right to collect penalty in response to cancellation of Orders, for reasons not attributable to JustBiryani.app, but attributable to the User;

Where an Order made by the User, available at the time of making such Order, become unavailable subsequently, the User shall be contacted by JustBiryani.app using the contact details provided at the time of registration and the User shall be entitled to cancel the Order and claim refund of the amount paid;

Where an Order is cancelled for reasons attributable to JustBiryani.app, Restaurant or Delivery Partner, the User shall not be charged with a penalty and shall be entitled to refund of the amount paid;

User understands that the User shall be entitled to refund only in case where the Order amount has been prepaid and not when it is opted to be paid at time of delivery;

JustBiryani.app shall have the final decision on refunds and the same shall be binding on the User;

In case the User is entitled to a refund, JustBiryani.app shall pay the amount through the same source through which the amount was initially paid. 

 

COMPETENT TO CONTRACT

The Services are intended only for access and use by individuals who are competent to Contract under the Indian Contract Act, 1872;

By accessing or using the Services, the User warrants and represents that he is not less than eighteen [18] years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the Terms of Use;

Any person who has not attained the age of eighteen [18] years or incompetent to contract is prohibited from accessing and using the Services.

 

BREACH OF TERMS 

If the User breaches any of these Terms of Use or provides reason for JustBiryani.app to suspect that the User has breached these Terms of Use in any way, JustBiryani.app shall be entitled to terminate the Services without notice and without offering a refund to the User(s);

The User agrees that, in the event of breach of the Terms of Use, JustBiryani.app will be irreparably harmed and may not have an adequate remedy in money or damages. JustBiryani.app therefore, shall be entitled in such event to obtain an injunction against such a breach from any court of competent jurisdiction. The right of JustBiryani.app to obtain such relief shall not limit its right to obtain other remedies. 

 

TERMINATION

JustBiryani.app may terminate or suspend and bar access to the Services immediately, without prior notice or liability, under its sole discretion, for any reason including, but not limited to, a breach of Terms of Use.

 

INTELLECTUAL PROPERTY AND OWNERSHIP 

The User recognizes and agrees that all copyright, registered trademarks and other intellectual property rights on all materials or contents provided as a part of and during the course of using or accessing the Platform belongs to JustBiryani.app at all times and circumstances, or to those who grant JustBiryani.app the license for their use. No use of these shall be made without the prior and express consent of JustBiryani.app through written authorization. 

 

WAIVER 

No waiver by JustBiryani.app of any term or condition in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of JustBiryani.app to enforce a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. 

 

SEVERABILITY

If any provision or part-provision of the Terms of Use is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but such deletion thereof shall not affect the validity and enforceability of the rest of the Terms of Use.

 

ENTIRE AGREEMENT 

These Terms of Use supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations, and understandings between the User and JustBiryani.app whether written or oral, relating to its subject matter and further the User agrees that he has no objection or legal right or remedy against JustBiryani.app.

 

OTHER RESPONSIBILITIES

JustBiryani.app shall not be responsible for any loss or damage caused to any hardware and/or software and/or instrument, including loss of data or effect on the processing speed, resulting from your use of our products and Services.

 

RELATIONSHIP 

The User acknowledges that the participation of the User and the use of the Services, does not make the User an employee or agency or partnership or joint venture or franchise of JustBiryani.app.

 

NOTICES 

All notices served by JustBiryani.app shall be provided via e-mail to the account of the User as provided at the time of registration to the Services or as a general notification on the Platform; 

Any notice to be provided to JustBiryani.app should be sent to the registered office of JustBiryani.app at 4, 2nd St, Anna Nagar West, Thangam Colony, Anna Nagar,Chennai, Tamil Nadu 600040 India.

 

ASSIGNMENT 

The User cannot and shall not assign or otherwise transfer obligations of the User under the Terms of Use, or any right granted hereunder to any third party. The rights of JustBiryani.app under the Terms of Use are freely transferable by JustBiryani.app to any third parties without the requirement of seeking the consent of the User.  

 

ACKNOWLEDGEMENT

BY USING THE SERVICES OR OTHER SERVICES PROVIDED BY JUSTBIRYANI.APP, THE USER ACKNOWLEDGES THAT THE USER HAS READ THESE TERMS OF USE AND AGREES TO BE BOUND BY THEM.

 

INDEMNITY 

The User agrees to defend, indemnify and hold JustBiryani.app, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners, employees, and associates, immune and harmless from and against any loss, liability, claim, demand, damages, costs, and all expenses, including but not limited to legal charges, made by any third party due to or arising out of or in connection with any use of the Services, the User’s conduct in connection with the Services or with other Users of the Services, or any breach of these Terms of Use or any law or the rights of any third party.

 

LIMITATION OF LIABILITY

In no event shall JustBiryani.app, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, goodwill, or other intangible losses, personal injury, negligence, pain and suffering, emotional distress, loss of revenue, loss of business / anticipated savings resulting from (i) the User’s access to or use of or inability to access or use the Services; (ii) any conduct or content of any third party on the Services; (iii) any Product obtained from the Services; (iv) any delay in the delivery of the Product; (v) the Service or Product not being up to the expectation of the User; and (vi) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not JustBiryani.app have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose;

In the event that the limitation of liability above is deemed ineffective by court and jurisdiction, the User agrees that JustBiryani.app’s liability for any losses shall be limited to a maximum of amount paid for availing the Services of JustBiryani.app.

 

DISCLAIMER

The User shall use the Services at their sole risk. The Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of accuracy, merchantability, fitness for a particular purpose, non-infringement, or course of performance;

JustBiryani.app its subsidiaries, affiliates, and its licensors and any third party do not warrant or guarantee that a) the Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Services is free of viruses or other harmful components; d) the results of using the Services will meet your requirements; or e) the Services are accurate, timely, complete and suitable for any particular purpose;

From time to time the Platform may also include links to other websites. These links are provided for the convenience of the User to access further information. They shall in no way signify that JustBiryani.app endorses the website(s). JustBiryani.app does not have any responsibility for the content of the linked website(s). 

 

FORCE MAJEURE

If JustBiryani.app is unable to supply the Services and/or Products or perform any of its obligations under this Terms of Use because of circumstances beyond its control, such as an act of God, complete destruction of its facilities, strike, revolution, riots, act of public enemy, acts of terrorism, pandemic, epidemic, national emergency, fire, connectivity failure,  failure of systems used for delivery or by any other cause, whether similar or dissimilar, not within the control of the Party (a “Force Majeure Event”), JustBiryani.app shall have the right to suspend the use or access to the Platform and/or Products or the performance of Services therein during such period of the Force Majeure Event.

 

AMENDMENTS TO TERMS OF USE

JustBiryani.app has the right to amend the Terms of Use at any time without notice. Such amendment will be posted on the Platform. It shall be the responsibility of the User to review the Terms of Use periodically;

Where a User continues to avail the Services following the amended Terms of Use coming into effect, it shall be construed as the User’s agreement with the amended Terms of Use;

If a User does not agree to the amended Terms of Use, such User is not authorized to use the Services.

APPLICABLE LEGISLATION AND JURISDICTION FOR DISPUTE SETTLEMENT

The Terms of Use shall be governed in accordance with the laws of India and the courts in Chennai shall the exclusive jurisdiction over all matters that arise under the Terms of Use;

All disputes between the Parties hereto arising out of or in relation to or regarding the interpretation of the Terms of Use shall be referred to an Arbitrator mutually appointed by JustBiryani.app and the User and the provisions of the Indian Arbitration and Conciliation Act, 1996 or any statutory modification thereof shall be applicable to such reference. The seat of arbitration shall be Chennai and the award of the Arbitrator shall be final and binding on the Parties. 

 

CONTACT INFORMATION

If the User has any questions or complaints regarding the Services and/or Products availed through the Platform, questions concerning the same, the User may contact JustBiryani.app through the following means: 

In compliance with the Information Technology Act, 2000, and the Rules made thereunder, a Grievance Officer has been designated by JustBiryani.app to address any grievances or discrepancies that may arise out of the Services and/or Products offered on the Platform. The User may contact the Grievance officer at: 

JustBiryani.app

Address: 4, 2nd St, Anna Nagar West, Thangam Colony, Anna Nagar,

Chennai, Tamil Nadu 600040

Phone: +91 - 9384646555

E-mail: support@JustBiryani.app