Terms Of Service

This Terms of Service (“User Agreement”) is an electronic record in terms of Information Technology Act, 2000 as amended from time to time and 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 and conditions for access and/or usage of this website, mobile or tablet application, or other online service or platform ("Website/Service"). This user agreement is generated by a computer system and does not require any physical or digital signatures.

By accessing and/or using the Website, you signify your agreement to accept these as binding User Agreement herein.

This document constitutes a legally binding user agreement between the Company and You. If you do not agree with any or all of the following User Agreement (including the privacy policy), please do not access and/or use the Website.

We reserve the right, at our sole discretion, to change, modify or otherwise alter these User Agreement at any time without prior notice. Such changes and/or modifications shall become effective immediately upon being posted/published on the Website herein.



1. Grant of access:

The Company grants You a personal, revocable, non--­exclusive, non--­transferable right to access and use the Website, for non-commercial use only and private viewing only, in accordance with this User Agreement. This User Agreement, governs Your access of the Website and any data, message, text, image, audio, sound, voice, codes, computer programmes, software, database, information, content, etc. that is hosted, published, shared, transaction, displayed and/or uploaded.

You undertake that, your access of the Website shall be in compliance with all the applicable laws (as amended from time to time). You understand that Your access of the Website and its contents may vary depending upon your jurisdiction, device specifications, internet connection, etc. You acknowledge and agree that we will provide You only access to the Website/Services and that You will be solely responsible for all equipment as may be necessary for You to access the internet, mobile and/or other connection, operator and service fees associated with Your access, etc.



2. Conditions of service:

  1. 2.1The Company being an intermediary enables product order / transaction between users (buyers) and the participating merchants and caterers / restaurants (participants) on the said Website. The transactions carried out are agreed and carried out between the user and the said participants only. The Company does not endorse any participants, has no control and makes no representations or warranties in relation to such transactions and / or the products concerned in the said transactions. The Company does not own, sell, resell on its own such products offered by the participants, and/or does not control the participants or the related services provided in connection thereof. And therefore, the Company shall not be responsible for any non-performance or breach of any such contract arrived at between the users/buyers and the participants.

    User acknowledges and agree that the Company is merely acting as the payment agent for the limited purpose of accepting payments from and on behalf of the User/Participants, as the case may be.

  2. 2.2 Cancellation and refund:
    1. 2.2.1 Buyer’s cancellation:

      Buyers can apply for cancellation of orders placed and shall be entitled for refund, subject to such request being received by the Company up to 24 hours prior to the scheduled delivery time. However, orders cancelled less than 24 hours prior to the scheduled delivery time, are not eligible for refund and shall remain at the Company’s discretion to either accept or reject any refund of the order value, the decision of the Company shall be final and binding in this regard.

    2. 2.2.2 Company cancels orders:

      In the event, Company cancels an order placed by buyer due to any reason attributable to the User, the Company may levy such charges as may be prescribed from time to time. But if the cancellation is on account of the Company, the Company shall not levy any cancellation charges and shall process 100% refund.

    3. 2.2.3 Refund process:

      The Company shall process all adjudicated refunds routing through the payment mechanism through which the Buyer had originally carried out the transaction / purchase.



3. Privacy:

By using the Website / Services, you acknowledge that you have reviewed and understand our Privacy Policy, and consent to the practices described in that policy.



4. Ownership of Intellectual Property Rights:

The following terms shall have the meaning as ascribed to them below:

  1. 4.1"Intellectual Property Rights" shall mean all patents, trademarks, service marks, copyrights, database rights, trade names, brand names, trade secrets, design rights and similar proprietary rights of the Company whether registered or unregistered and all renewals and extensions.

  2. 4.2All rights, title and interest in the Intellectual Property Rights in the Website including without limitation all its constituents, content, text, images work, computer programme, works under the Copyright Act, 1957, specifications, instructions, abstracts, summaries, copy sketches, drawings, artwork, software, source code, object code, comments on the source code and object code, domain names, application names, designs, database, tools, icons, layout, programs, titles, names, manuals, graphics, animation, games, applications, user interface instructions, photographs, profiles, illustrations, and all other elements, data, information and materials ("Materials") are the property of the Company and/or its licensors and/or other respective owners and are protected, without limitation, pursuant to Intellectual Property Rights laws. The Company retains full, complete and absolute title to the Website and all Intellectual Property Rights therein.

  3. 4.3The Website including any Materials thereon shall be deemed to be non-exclusively licensed to You by Us only for Your non-commercial personal use and only for such period as We may, in Our sole discretion, deem appropriate. You shall not use, reproduce, redistribute, sell, offer on commercial, rental, decompile, reverse engineer, disassemble, adapt, communicate to the public, make a derivative work, interfere with the integrity of the Website (including without limitation the software, coding, constituents, elements, Materials, etc.) in any manner whatsoever.

  4. 4.4You expressly confirm not to, directly or indirectly, copy, reproduce, modify, edit, re--­edit, amend, alter, vary, enhance, improve, upgrade, create derivative works, translate, adapt, abridge, delete, display, perform, publish, distribute, circulate, communicate to the public, disseminate, broadcast, transmit, sell, rent, lease, lend, assign, license, sub--­license, disassemble, decompile, reverse engineer, market, promote, circulate, exploit, digitally alter or manipulate the Website (including any and all Materials therein) (in whole or in part) in any manner, medium or mode now know or hereinafter developed.



5. Material pertaining to User/s:

The following terms shall have the meaning as ascribed to them below:

  1. 5.1In the event the Company hosts or puts up views of any catering / merchant partners or whether third party or other such views, then the views shall demonstrate only the author’s views and not the views of the Company.

  2. 5.2By posting your material or reviews on the Website, You undertake, represent and warrant to the Company that:

    • (a) the User Material is original;
    • (b) does not infringe the rights of any third party including without limitation Intellectual Property Rights; and
    • (c) is not defamatory, derogatory or abusive or malicious or hurtful to any person, particular entity, groups, caste, religion, race or community or seditious or pornographic or vulgar or in violation of any law.

  3. 5.3You agree, covenant and undertake that You shall NOT host, display, upload, modify, publish, transmit, update or share any data, information, content or message that:

    • (a) belongs to another person and to which You do not have any right to or impersonate any person or entity, or misrepresent your credentials or any information you provide;
    • (b) infringes any patent, trademark, copyright or other proprietary rights or intellectual property rights or violates any applicable national or international laws, regulations, rules and/or guidelines;
    • (c) Harvest or otherwise collect or store any information (including personal information) about other users, including e-mail addresses, without the express consent of such users;
    • (d) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource or an act of cyber terrorism;
    • (e) Engage in any other conduct that restricts any person from using the Services, or that, in our sole judgment, exposes us, users, or any other third party to any liability, damages, or detriment of any type.
    • (f) post unauthorized commercial communications and including advertisements; and/or
    • (g) interfere with, damage, disable, disrupt, impair, create an undue burden on, or gain unauthorized access to the Website, including the Company’s servers, networks or accounts.

  4. 5.4You hereby confirm that the Company has the right to determine whether any content, data or information published by You on the Website is appropriate and complies with these User Agreement, and accordingly remove any and/or terminate Your access without prior notice.

  5. 5.5You further agree that the Company shall not be responsible or liable to You for any threatening, defamatory, derogatory, obscene, offensive or illegal conduct by other users or any infringement of Your intellectual property rights, privacy rights, personal rights, etc. by other users of the Website.



6. Disclaimer and limitation of liability:

  1. 6.1By accessing and/or using the Website, you agree that your access to the Website is at your sole risk and at your free will. the Website and all material therein contained are on an "as is" and "as available" basis.

  2. 6.2 The Company disclaims:

    • (a) Disclaim any and all express or implied representations, warranties and/or conditions of any kind, including but not limited to warranties of reliability, suitability, fitness, merchantability, availability, quality;
    • (b) Disclaims any warranties arising through course of dealing or usage in trade;
    • (c) Are not responsible or liable for any infection or contamination; and
    • (d) Are not responsible or liable for interruptions, delays, inaccuracies, errors, or omissions arising out of your use of the Website or any connected website or with respect to the material thereon;

  3. 6.3 Other websites:

    The Website may contain links to other websites or services that are not under our control and do not constitute or imply an endorsement or a recommendation by the company. we encourage you to review the privacy policies and terms of use of these other websites or services



7. Indemnity:

You agree to fully indemnify, defend and hold harmless the Company, its affiliates, associates and group companies, and their respective directors, key managerial personnel, employees, officers, shareholders, agents, representatives, sub-­­ contractors, consultants and third--­party providers from and against all losses, claims and damages including legal fees, resulting from:

  • (i) your violation of any term of these user agreement;
  • (ii) your violation of any third party right, including without limitation any publicity, privacy, or intellectual property right;
  • (iii) your breach of any applicable laws;
  • (iv) any unauthorized, improper, illegal or wrongful use of your account by any person, including a third party, whether or not authorized or permitted by you; and
  • (v) your breach of these user agreement or under applicable law. This indemnification obligation will survive the expiry or termination of these user agreements and your use of the Website.


8. Support:

If You have any questions, queries or complaints with respect to the Website, then such correspondence should be directed to:

Think Foods Technology Private Limited

Address at: 1-G, Rashid Mansion, Dr. Annie Besant Road, Lotus Junction, Worli, Mumbai 400018

Email: [email protected]

9. Termination:

The Company reserves the right to terminate Your access to all or part of the Website, at its sole discretion, without notice and without liability either to the Company or its directors, key managerial personnel, officers, employees, either for convenience or for any reason, including in the event of suspected or actual breach by You of any of these User Agreement, the Privacy Policy, violation of any law including the Act and/or rules thereunder or any other regulation, or for any other reason that the Company deems fit.



10. Miscellaneous:

  1. 10.1In accordance with the Information Technology (Reasonable Security Practices & Procedures and Sensitive Personal data or information ) Rules, 2011 (“Rules”) framed under the Information Technology Act, 2000 any complaints/grievance relating to processing of information should be referred to the ‘ThinkFoods Grievance Officer’ of the company by sending an email notification at [email protected].

  2. 10.2If any provision of these User Agreement is found to be illegal, invalid or unenforceable, then to the extent to which such provision is illegal, invalid or otherwise unenforceable, it shall be severed and deleted and the remaining provisions shall survive and remain in full force and effect and continue to be binding and enforceable.

  3. 10.3Any express waiver or failure to exercise promptly any right under these User Agreement will not create a continuing waiver or any expectation of non-enforcement.

  4. 10.4These User Agreement shall be governed by and construed in accordance with the laws of the India and be subject to the exclusive jurisdiction of the Courts at Mumbai.

  5. 10.5You expressly consent that the rule of 'Contra Proferentum' shall not apply to this User Agreement.