1. “Use” or “Using” means to access, view, download, upload, or any other legal use or otherwise benefit from using the DineUps Service.
2. “User” or “you” means any person who accesses or uses the DineUps Service for his own purpose or on behalf of someone else and includes any legal entity.
3. “User’s Content” means any content, including any text, data, information or other material, that you may upload, transmit or store using the functionality of the DineUps Service.
4. “Order”: means any order placed for food through the DineUps’s Mobile Application/Website.
5. “Food” means any perishable substance that people eat or drink which is prepared at any of the listed participating Chef homes for the User.
6. “DineUps App” means a Mobile Application owned and operated by DineUps and all screenshots, pages appearing, appended, available along with this Mobile Application.
7. “DineUps Service” means collectively including all content and service provided through the DineUps App, and the company’s Website(s).
8. “Website” means www.DineUps.com and all web-pages appearing, appended, available along with this Website(s).
9. “Information” means all profile, menu, meal, ingredient, photos and category data that is provided by the User in adding meals, menus and Food on to DineUps App and or website.
DINEUPS SERVICE USE
2. User indicates acceptance to Terms every time the User uses the DineUps Service. User has discretion not to use the DineUps Service, so User’s use of the DineUps Service, despite having the right and power of not to use, is construed as User has accepted the Terms.
3. DineUps solely reserves the right to accept or reject application made by User for having User Account without obligation or explanation. DineUps reserves the right to store, evaluate, analyse, verify and authenticate the Information, personal information and data provideds by the User. The User hereby acknowledges that DineUps continues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.
4. Any person who accesses this DineUps Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms.
RULES OF CONDUCT
1. The DineUps Service shall facilitate the user to order Food online from the DineUps chef by using the DineUps App Service. You acknowledge, agree that you have complete responsibility for all information, pictures and material that you add while using the DineUps App and/or Website. The User’s discretion is required while using the DineUps Service.
2. The DineUps Service shall be used solely for User’s non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User’s Use of the DineUps Service is subject to all applicable local, state, national laws, tax and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the DineUps App and/or the Website.
1. You agree that, any contract for the Food and Food Delivery ordered through use of DineUps App is between You (diner), Delivery user and the Chef user; any contract for the supply of DineUps Service from the DineUps App and/or Website is between You and DineUps. You agree to take reasonable care when providing DineUps with your details and warrant that these details are accurate and complete at the time of using the Service. You also warrant that the credit or debit card details that You provide are of your own credit or debit card and or that you are authorised to use the card(s).
2. You understand that some type of Food may be suitable for Users within certain age ranges only. Additionally some types of Food may contain Nut or other substances that you may be allergic to. It is your sole responsibility to check whether the Food you are ordering is suitable for you and or the intended recipient. Users absolve DineUps from any legal liability related to Chef user not including allergens in their posting
3. You understand that, if the ordered Food is within the capacity of the Chef, the Chef will accept the contract and confirm it to DineUps. If the details of the order are correct, the contract for the Food and Food Delivery will be confirmed through the DineUps Service.
4. Where Food offered by DineUps Service is ordered, DineUps will confirm availability together with or separately from Food Delivery through the DineUps Service.
5. In case Food Delivery is not possible for whatsoever reason, DineUps will let you know through the App or phone Text. You understand and acknowledge that in unforeseeable events or Force Majeure events, DineUps may not be able to reach and/or communicate with You about the non-delivery.
PRICES AND PAYMENT
1. All prices listed on the DineUps Service App and/or Website for Food is correct at the time of publication. While DineUps takes great care to keep them up to date, the final price charged to you by the Chef may change at the time of delivery based on the latest prices of the Chef, delivery distance, time factors and other factors that may affect price from time to time. DineUps reserves the right to alter the menu of Food available for sale on the DineUps App and/or Website and to delete and remove from listing Chefs and their menu of Food and Food Delivery options, if any.
2. All prices listed on the DineUps App and/or Website for Food Delivery listed on the DineUps Service Apps and/or Website reflect the price charged by the Chef and Delivery agent at the time of listing. In the event where Chef or delivery agent informs DineUps immediately after placing the order by the user, about the change in price for Food Delivery, DineUps will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time.
3. All prices for delivery by DineUps or a third party delivery service provider assigned by DineUps listed on the DineUps App and/or Website is correct at the time of publication, however, DineUps reserves the right to alter the same in future.
4. The total price for Food and Food Delivery including all other charges, taxes, costs, if any, will be displayed on the DineUps App and/or Website when you place your order. Full payment must be made for all the particulars mentioned in the order. Payment has to be made on the DineUps App, by online payment including through credit card or debit card.
5. If you choose online payment, you must pay for your order before it is delivered. You shall ensure that online payment mode is secured, 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 necessary security checks to confirm about your identification before making any such payment.
1. Delivery period quoted at the time of ordering are approximate only and may vary. Food will be delivered to the address as intimated by you while ordering.
2. Delivery is completed by the Delivery agent user, it is the Delivery agent’s responsibility to provide Food and other Delivery in a timely manner.
3. In case delivery is done by DineUps or a third party delivery service provider assigned by DineUps, DineUps will take reasonable care to deliver in a timely manner. No responsibility is taken for late delivery by DineUps in either case.
4. All orders are delivered by a reputable courier. DineUps will make every effort to deliver within the time stated; however, DineUps will not be liable for any loss caused to you by late delivery. If the Food or other delivery is not delivered within the estimated delivery time quoted, User shall contact the DineUps by email and DineUps will try to ensure that you receive your order as quickly as reasonably possible.
5. In case of a late delivery, the delivery charge will neither be voided nor refunded by DineUps.
6. All risk in the Food and Food Delivery shall pass to you upon delivery.
7. If you fail to accept delivery of Food or other delivery at the time they are ready for delivery or DineUps is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the Food or other delivery shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food shall pass to you. Any storage and other costs which DineUps incur as a result of the inability to deliver shall be your responsibility and you shall indemnify DineUps in full for such cost.
8. You must ensure that at the time of delivery of Food adequate arrangements, including access where necessary, are in place for the safe delivery of the Food. DineUps cannot be held liable for any damage, cost or expense incurred to such Food or other delivery as a result of a failure to provide adequate access or arrangements for delivery.
9. In preparing your order, DineUps Service aims:
1. to allow you to pick the order yourself from the Chef location
2. to deliver the Food at the place of delivery requested by you in your order;
3. to deliver within the time confirmed by the Chef and Delivery agent;
4. to inform you if they expect that they are unable to meet the estimated delivery time.
10.Chef, Delivery agent and DineUps shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
11. You understand and accept that it might not be possible for a Chef to deliver to some locations. In such cases, Chefs or DineUps will inform you accordingly and arrange for cancellation of the order or delivery to any alternative delivery address or for you to pick the food order up yourself.
1. You must notify the Chef immediately if you decide to cancel your order, preferably through the DineUps App and quote your order number. If the Chef accepts your cancellation, no cancellation fee applies. If the Chef refuses cancellation e.g. because preparation of Food Delivery has been completed and/or Delivery agent is already out for delivery, the order for the Food may not be cancelled. DineUps will not be able to refund the money already paid for any cancelled order, for which Food has been already dispatched.
2. DineUps may cancel an order if the Food is not available for any reason. DineUps will notify you if this is the case and return any payment that you have made.
3. If the cancellation was made in time and once the Chef has accepted your cancellation, DineUps will refund or re-credit your debit or credit card or net banking account with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Food, as applicable.
4. In the unlikely event that you are delivered an incorrect order, you have the right to reject the delivery of the wrong order and you shall be fully refunded for the missing item(s) in the order. The order’s completeness will be decided by comparing delivered Food with the Chef’s Menu. If the Chef can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. DineUps shall not be responsible for wrong or partial delivery. The issue has to be settled directly with the Chef though the DineUps App.
1. Where DineUps have requested information from you to provide Food and Food or other Delivery, you agree to provide DineUps with accurate and complete information.
3. You are entitled to request a copy of the said personal information DineUps holds about you. Please contact us if you wish to request copy of this information.
PERSONAL INFORMATION AND PRIVACY
1. User understands and acknowledges that by choosing DineUps you have allowed DineUps to use your personal information.
2. User understands, acknowledges and agrees that although DineUps provides appropriate firewalls and protections, the DineUps Service is not hack proof. Data pilferage due to unauthorized hacking, virus attacks, technical issues are possible.
3. In case DineUps is required to disclose your personal information in order to assist the Government Authority or in adherence to the Court Order or to protect the interest of the DineUps Service and/or any particular user(s), DineUps will disclose it without obtaining prior permission from you. You authorize us to disclose your personal information.
OWNERSHIP OF INTELLECTUAL PROPERTY
All data, information is the property of DineUps or its Users. If you believe that the DineUps Service contains elements that infringe your intellectual property rights in your work, please notify DineUps immediately. If DineUps receives intellectual property right infringement claim notification and it is felt appropriate, DineUps may remove all such content from the DineUps App and/or Website which is indicated as infringing and/or take any other appropriate action.
DISCLAIMER AND LIMITATIONS OF LIABILITY
1.THE DINEUPS SERVICE AND ALL CONTENTS, MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE DINEUPS SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR BE PERFORMED AS DESCRIBED. THE SERVICES, THE DINEUPS APP AND/OR WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, DINEUPS IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE DINEUPS SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE DINEUPS SERVICE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE DINEUPS SERVICE.
3. Photographs provided on the DineUps App and/or Website are only for reference and shall be treated as an example without any warranty, guarantee, quality, suitability, look, taste and feel. The Food items displayed in photographs or advertisements may have variations in colours, tastes, looks, feel, etc. when compared to the delivered Food items.
You agree to indemnify, defend and hold DineUps, its parents, subsidiaries, affiliates, assigns and licensors, franchisees or sub-franchisees, any of their respective officers, directors, employees, agents, vendors, licensors, representatives, advertisers, service providers and suppliers harmless from and against any and all claims, actions, losses, expenses, damages and costs (including reasonable attorneys’ fees), resulting from any breach or violation of Terms by you, or due to your activities related to the DineUps Service, whether by use of User Account or otherwise.
These Terms contains the entire understanding and agreement between User and DineUps and supersedes any and all prior or inconsistent understandings relating to DineUps Service and your use of DineUps Service. Terms cannot be changed or terminated orally. Any provision which must survive in order to allow us to enforce its meaning shall survive the termination of Terms. Terms and your use of DineUps Service is governed by, construed and enforced in accordance with the laws of India applicable to contracts made, executed and wholly performed on the DineUps Service, and, for the purposes of any and all legal or equitable actions, you specifically agree and submit to the exclusive jurisdiction and venue of the Courts of Trivandrum,Kerala, India and you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction or otherwise.
Without limiting the foregoing, under no circumstances shall DineUps be held liable for any damage or loss due to deficiency in performance of the DineUps Service resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures.
Each provision of the Terms is independent of each other. If any provision of the Terms is found void and unenforceable, it will not affect the validity of the remaining provisions of Terms, which shall remain valid and enforceable.
DineUps takes complaint very seriously and aim to respond to your complaint within 5 business days. All complaints to be addressed to helpdesk@DineUps.com
IF YOU DO NOT ACCEPT AND ABIDE BY THIS TERMS, YOU MUST NOT USE DINEUPS SERVICE. IF YOU ACCEPT AND ABIDE BY THIS TERM YOU WILL HAVE TO STATE I AGREE.