Terms & Conditions

Please read the terms of use (for the website www.fooditnow.com and Online Application) listed out below carefully before ordering any Goods or Services from “Fooditnow” comprising of this Website and Mobile/Tablet Application. By ordering any Goods or Services from Fooditnow website or online Application, you agree to be bound by these Terms of Use.


1.Introduction: 

The fooditnow.com is an online food delivery platform owned by ‘FOODITNOW’ referred hereinafter as ‘FOODITNOW’, ‘the Company’, ‘we’, ‘us’, or ‘our’. "Online Application" denotes our Website www.fooditnow.com or our mobile application from Google Playstore on which our Goods or Services are offered.


2. Description:

2.1. The word "Agreement" represents the Privacy Policy, the Terms of Use, any order form and payment instructions provided to you from FOODITNOW.

2.2.  "Privacy Policy" denotes the policy displayed on our Online Application which details the collection and storage of customer’s personal data;

2.3.  The customer may be referred to as "you", "your" and "yours" and a customer is the person accessing the Fooditnow Online Application and ordering any Goods or Services from the Online Application or utilizing any other channel provided by the company for the same;

2.4. "Goods" represent any goods or food product/beverage that may be offered for sale through our Online Application by any of the Participating Restaurants from time to time;

2.5. "Service" or "Services" is a reference to any service that is requested via our Online Application, which may be offered by us or our designated third party;

2.6. A "Participating Restaurant" refers to the third party restaurant which has agreed to co-operate with the Company to prepare and/or deliver their Goods or Services.

2.7. "Food Delivery" means the delivery of food products, provided by the Company or any of its designated third party as mentioned in 2.6.


3.Participating Restaurants and Listed Goods and Services:

3.1. All the restaurants listed in the website www.fooditnow.com and/ the mobile app  comes under the discretion of the company. The company holds with it the provisions on add or delete any restaurant or menu on its discretion.


4. Registrations and Registration Information:

4.1. You agree to take utmost care in registering and/or ordering at our website or mobile application. You also warrant that the credit or debit card details you provide are genuine and are your personal cards, and that you have sufficient funds to make the payment. In case of cash on delivery scheme you agree to pay the amount in legitimate Indian rupee and the company could indulge in legal proceedings with you on account of fake or false notes or invalid currency.

4.2. You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes (the "Purpose"). The Purpose may include the disclosure of your personal information to selected third parties from time to time where we believe that the services offered by such third parties may be of interest to you or where this is required by law or in order to provide the Food Delivery, Goods or Service to you.

4.3. The company will take all the possible steps (within its power) to ensure that the registration information, your order and payment details be secure; but we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Online Application, in the absence of negligence on our part.

4.4. You are entitled to request a copy of the personal information we hold on you. Contact through the address or mail id provided if you need a copy of your personal information.


5.Ordering

5.1. You may be required to provide an e-mail address and password while ordering from the Online application. It is your duty to ensure that you keep these details secure and is requested not to share this information with any of the third party.

5.2. Any contract for the supply of Food Delivery from the Online Application is between you and the Participating Restaurant and/or designated third party and FOODITNOW is just a mere co-coordinator in this link.

5.3. The order you place with us is always subject to its availability, delivery capacity and acceptance by the Participating Restaurant and the company.

5.4. Food Delivery, Goods and Services purchased from this Online Application are intended for your use only and the company vests with it the legal authority to challenge the actions involving reselling of items purchased through us without prior permission.

5.5. Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.

5.6. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Restaurant will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.


6. Prices and Payment

6.1. All prices for Food Delivery, Goods or Services listed on the Online Application are correct at the time of publication and it is the discretion of the company  whether  to alter these in future without any further notice. While we give great care to keep them up to date, the final price charged to you by the Participating Restaurant may change at the time of delivery based on the latest menu and prices of the restaurant. If there is a situation in which price change unavoidable resulting in change in the ordered value, we will put our best effort to contact you to inform you about the price difference and you can choose to continue or opt-out of the order at that time. 

6.2. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Online Application when you place your order. Food is delivered only after complete payment of the item purchased. Payment has to be made in cash or, if available on the Online Application, by online payment, e.g. credit or debit card, E-wallet, etc..

6.3. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.


7. Delivery

7.1. The Delivery time quoted at the time of ordering are approximate, in standard delivery conditions and hence may vary in real life conditions. Goods will be delivered to the address designated by you at the time of ordering.

7.2. In the case delivery is done by Fooditnow or a third party delivery partner assigned by Fooditnow, we will give great care to deliver in a timely manner. However, no responsibility is taken for late delivery by Fooditnow in case of any unforeseen circumstances.

7.3. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the customer care number  provided by the company and we will do our level best to help you receiving the ordered item.

7.4. In case of a late delivery, the delivery charge will neither be voided nor refunded by Fooditnow.

7.5. Given that a substantial portion of cost would be incurred in preparing for the order, all risk in the Goods and the Food Delivery shall pass to you once the order has been dispatched by the Participating Restaurant.

7.6. If you fail to accept delivery of Food Delivery and/or Goods or we are unable to deliver at the nominated 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. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.

7.7. You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for quick and safe delivery of such goods. We cannot be held liable for any delay, damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.

7.8. Fooditnow or the Participating Restaurants shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of non-delivery or late delivery.

7.9. It may not be possible for the company to deliver to some locations. Fooditnow will inform you using the Online Application or the contact details that you provide to us when you make your registration/order and arrange for cancellation of the order or delivery to an alternative delivery address at your own risk.


8.Cancellation

8.1. In the instance of a customer cancelling an order, Fooditnow must be informed immediately, preferably by phone, and the order number may be quoted. If the request for cancellation is accepted by Fooditnow and/or the Participating Restaurant, no cancellation fee applies. If the Participating Restaurant refuses cancellation, e.g. because preparation of the order has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. The company will not be able to refund any order, which has been already been prepared or has already been dispatched.

8.2. In the instance that the ordered food product is unavailable, the Order may be cancelled. The customer will be notified immediately and any payment made towards the purchase of food product will be refunded.

8.3. If the cancellation was made in time and the Participating Restaurant has accepted the cancellation, the amount will be refunded or re-credited to the customer’s debit or credit card, in full, within 14 days, which includes the initial delivery charge, if applicable.

8.4. In the unlikely event that the Participating Restaurant delivers a wrong item, the customer will be within his rights to reject the delivery and the customer shall be fully refunded. Fooditnow will not be accountable in the case of a wrong or partial delivery made by the Participating restaurant.


9.Linked Sites and Advertisements on Online Application:

9.1. There may be a number of links on our Online Application to third party websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party websites or the Services or Goods that they may provide to you.


10. Complaints:

10.1. We take complaints very seriously and aim to respond to your complaints “support@fooditnow.com”


11. Limitation of Liability

11.1. Great care has been taken to ensure that the information available on the Online Application is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Online Application will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Online Application and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

11.2. By accepting these terms of use you agree to relieve us from any liability whatsoever arising from your use of information from any third party, or your use of any third party website, or your consumption of any food or beverages from a Participating Restaurant.

11.3. We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.

11.4. We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Online Application.

11.5. We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.

11.6. Our and the Restaurant’s Liability is finished as soon as the package is delivered to the customer and under no circumstance can the company  or the participating restaurant be liable for any loss of any nature.

11.7. If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.

11.8. The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Online Application or for any products or services purchased from us.

11.9. We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.

11.10. All Offers are subject to Fooditnow discretion and may be withdrawn at any time and without notice. In the event the company has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, fooditnow may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future Goods/Service. Additionally, should there exist an abuse of vouchers or discount codes, the company reserves the right to seek compensation from any and all violators.


12. General

12.1. All prices stated on the Online Application are in India Rupees. Taxes i.e. VAT, Service-tax or GST would be applicable additionally, if not specifically included and mentioned.

12.2. We may subcontract any part or parts of the Services that we provide to you from time to time and we may assign our rights under these Terms of Use without your consent or any further notice.

12.3. We reserve the right to update, alter or vary the Terms of Use at any time without notice to you.

12.4. Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order. We reserve our right to suspend the customer account for any such non-payment or misplaced orders, etc.

12.5. Do not use or launch any automated system or program in connection with our Online Application or its online ordering functionality.

12.6. Do not collect or harvest any personally identifiable information from the Online Application, use communication systems provided by the Online Application for any commercial solicitation purposes, solicit for any reason whatsoever any users of the Online Application with respect to their submissions, or publish or distribute any vouchers or codes or scrape the Online Application.

12.7. The Terms of Use together with the Privacy Policy, any order form and payment instructions constitute the entire Agreement between you and us. No other terms whether expressed or implied shall form part of this Agreement. In the event of any conflict between these Terms of Use and any other term or provision on the Online Application, these Terms of Use shall prevail.

12.8. If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.

12.9. These Terms of Use and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of New Delhi in India.

12.10. No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.