Terms and Conditions

YOU AGREE THAT YOUR USE OF THE WEBSITE ACKNOWLEDGES THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

 

This Website End User Agreement (the “Websites”) is made by and between S4 Food & Beverages, having its registered office at Ground Floor, Jagganath Apartment, Salt Lake Sector 5 , Kolkata-700102, hereinafter called the “What’s Cooking” (which expression shall unless excluded by or repugnant to the subject or context, be deemed to mean and include its successors and permitted assigns) and You, a physical person or legal entity hereinafter called the, “End User” (which expression shall unless excluded by or repugnant to the subject or context, be deemed to mean and include its successors, legal representatives and permitted assigns).

 

User is hereby allowed to use the What’s Cooking service subject to acceptance of the terms and conditions and the Privacy Policy on the What’s Cooking App and/or Websites (“Terms”). What’s Cooking retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Every time you use the What’s Cooking, shall constitute your acceptance of changes made to Terms.

Now it is hereby agreed by and between the parties as follows:

DEFINITIONS

The following terms shall have the following meanings:

“Documentation” shall mean any available installation, operating instructions, the user guides, manuals and other technical literature pertaining to the Software licensed by What’s Cooking to the End User under this Software License.

 

“Website” shall mean :

The websites are digitally encoded machine readable “object code” form received by End User from What’s Cooking. Any extracts from such websites, derivative works of such websites, or collective works constituting such websites (such as subsequent releases) to the extent offered to End User under this Agreement and the Documentation

ACCOUNT LICENSE

 Subject to the terms and conditions herein, the End User is hereby granted a terminable, non-exclusive, non-transferable license to use the account only for its internal purposes and only as specifically permitted under this website License and described in the Documentation.

This websites License does not entitle the End User to receive upgrades, updates, technical support or maintenance from What’s Cooking except as provided in this Agreement.

 This Websites License has been granted to the End User, subsequent to the End User testing the websites and accepting the same.

USER RESTRICTIONS

The End User shall not by itself or allow or permit its representatives, or agents to,duplicate or copy the Website (or any portion thereof) except for reasonable backup or archival copies;modify, translate, reverse engineer, decompile or disassemble the Software or create derivative works based on the Software or any related materials;sell,assign, lease, sublicense, or transfer to, or allow, any third party to use, the Websites. The End User shall not use the Websites for third-party training, commercial time sharing, rental, service bureau or any other similar use.

 

Backup copy of the Websites allowed pursuant to this Website License, whether complete or partial, shall bear the same copyright notices and restrictive legends, if any, as are included in the Websites delivered to End User. All backup copies shall be the sole and exclusive property of What’s Cooking and shall be subject to the terms and conditions of the Websites.

 

What’s Cooking may provide the End User with support services related to the Websites on mutually agreed terms and conditions for a separate cost which may include other services.

 

Orders

Orders are accepted if the following criteria are met :

 Online availability of the outlet to accept and process the order.

 The delivery address being mapped to the nearest outlet that delivers in the customer's delivery location.

 The customer's delivery location falls within the permitted delivery zone of the designated ‘What’s Cooking’ outlet.

 

In the event, the customer's delivery location is not listed within the permitted delivery zone of the outlet, the order cannot be placed. However, you may choose to pick up your order from the nearest ‘What’s Cooking’ outlet.

 

You agree to take reasonable care when providing What’s Cooking with your details and warrant that these details are accurate and complete at the time of ordering food. You also warrant that the credit or debit card details that you provide are of your own credit or debit card.

 

Further User understands that What’s Cooking is merely providing its platform to sell food and beverage services and its employees cannot be held liable in any manner for the issues.

 

User understands that some type of Food may be suitable for Users within certain age ranges only. It is your sole responsibility to check whether the Food you are ordering is suitable for the intended recipient.

 

ALL PRICES ARE EXCLUSIVE OF TAXES

 

Menu

The menu is displayed as per the availability of the menu items in the selected outlet. In case certain items from the menu are not listed, the particular outlet does not carry those items on their menu. In case of non-availability of ordered menu items at the selected outlet, the order will not be executed and will be duly informed to the customer.

 

Usage of Coupons

The customer may only use the coupon codes mentioned in any of What’s Cooking’s print material, promotional emails & SMS messages for placing an order via the What’s Cooking application or websites. The complete and accurate coupon code must be entered in the coupon section on the payment page before completing the transaction, in order to avail the discount. The coupon code may not work if the conditions defined in the coupon T&C are not met in the order.

 

What’s Cooking holds the right to accept or reject any coupon without giving any reason whatsoever. All coupons carry a validity period, mentioned in the coupon T&C and will not be accepted after the expiry of the validity period. The customer must handover the coupon which is entered in the coupon section while placing the order to the delivery person, failing which the order may be cancelled. A coupon/promotion cannot be clubbed with any other offer or scheme. Only one coupon is valid per order. Offers are valid only in participating outlets.

 

Modify/Cancel the online order

Orders once placed cannot be modified or cancelled either online or by the call centre. If the customer wishes to check on the progress of the order, they may do so by calling the outlet directly.

 

In the event an order which is paid via credit card is cancelled due to non-availability of the ordered product, the amount will be reversed back to the customer. The transaction will reflect in the next month statement.

 

Prices and Payment

User agrees that in case of change in price, What’s Cooking or its employees will not be liable to end user in any manner. The total price for Food and Food Delivery including all other charges, taxes, costs, if any, will be displayed on the What’s Cooking App and/or Websites when you place your order. Full payment must be made for all the particulars mentioned in the order.

 

If you choose online payment, 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.

 

Delivery

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.

 

What’s Cooking will make every effort to deliver within the time stated; however, What’s Cooking will not be liable for any loss caused to you by late delivery. If the Food is not delivered within the estimated delivery time quoted, User shall contact What’s Cooking first and we will try to ensure that you receive your order as quickly as reasonably possible.

 

In case of a late delivery, the delivery charge will neither be voided nor refunded by What’s Cooking. If you fail to accept delivery of Food at the time they are ready for delivery or What’s Cooking is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the Food 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, insurance and other costs which What’s Cooking incur as a result of the inability to deliver shall be your responsibility and you shall indemnify What’s Cooking in full for such cost.

 

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. What’s Cooking cannot be held liable for any damage, cost or expense incurred to such Food as a result of a failure to provide adequate access or arrangements for delivery.

 

WHAT’S COOKING WARRANTIES

 What’s Cooking warrants that it has the full power and authority to grant the Website License to the End User. The Websites License shall not breach any oral or written agreement with any third party or any obligation owed by What’s Cooking to any third party to keep any information or materials in confidence or in trust.What’s Cooking will not knowingly introduce any damage into the End User’s food, service, computer or communications systems by means of the Websites or through any Deliverables;

 

DISCLAIMER OF WARRANTIES BY WHAT’S COOKING

What’s Cooking hereby excludes and disclaims all warranties, whether expressed or implied, statutory or otherwise, except those warranties expressly made in Clause 5 above, including - any implied warranties of satisfactory quality, no latent defects, merchantability and fitness for a particular purpose;

 all warranties in respect of third-party services provided pursuant to the agreement and any order.

 

END USER WARRANTIES

End User warrants that :

 It has not been induced to enter into the Websites by any prior representations, warranties or guarantees (whether oral or in writing), except as expressly contained in these Terms and Conditions;

 by obtaining grant of the Websites License, the End User is not acting in breach of any agreement to which it is a party.

 

LIMITATION OF LIABILITY

 In no event will What’s Cooking be liable for :

(i) lost profits, lost data or lost use, or any other incidental or consequential damages, or for any indirect, special, or punitive damages regardless of the form of action, whether contract, tort (including negligence), strict product liability or otherwise, even if What’s Cooking or any third-party licensor has been advised of the possibility of such damages.

(ii) damage caused by end user's failure to perform its responsibilities.

(iii) repairs, servicing or alterations to the Websites done without the approval of What’s Cooking.

(vi) use of the Websites in a manner which is not authorized by this Website License.

(v) computer failure or malfunction.

(vi) costs of procuring substitute websites or services, whether or not foreseeable, even if the exclusive remedies provided by this agreement fail of their essential purpose and even if either party has been advised of the possibility or probability of such damages.

 

 Regardless of whether the claim for such damages is based in contract, tort and/or any other legal theory, in no event shall What’s Cooking’s aggregate liability to the End User for direct damages under this agreement or in connection with its subject matter exceed the amount of total fees paid or payable by End User for the Software.

 

DISCLAIMER OF WARRANTIES

The Websites is licensed “as is” and What’s Cooking hereby disclaims any and all warranties, whether express or implied, including the implied warranties of merchantability, non-infringement and fitness for a particular purpose.

 

MODIFICATIONS OF THE WEBSITES

The End User assumes responsibility for its use of the Websites and What’s Cooking assumes no responsibility for functional failure of the Websites, resulting from accident, abuse or misapplication of the same. If the End User modifies or causes modification to be made to the Websites without the prior written consent of What’s Cooking, the End User shall indemnify and hold What’s Cooking harmless against damages, costs and expenses (including, without limitation, reasonable attorney’s fees and costs of suit) resulting from the defence and settlement of any claim by a third party arising from End User’s use of the Websites as modified violates, infringes, or misappropriate any patent, copyright, or any other intellectual property rights of such claiming party.

 

INFRINGEMENT INDEMNIFICATION

 What’s Cooking shall defend and indemnify and hold End User harmless against any action brought against End User to the extent that it is based on a claim that the Websites, when properly used within the scope of this Website License, infringes an Indian copyright or patent published as of the date hereof or any trade secret, provided the End User notifies What’s Cooking promptly in writing of the action and gives What’s Cooking the sole control of the defence, all negotiations and any settlement. If the Websites become, or is likely to become, the subject of an infringement claim, What’s Cooking shall secure the End User’s right to continue using the Software or replace or modify it to make it non-infringing with substantially similar functions and levels of performance. If neither of those alternatives is reasonably available, What’s Cooking may terminate this Websites License and refund the cost of the usage paid by the End User to What’s Cooking.

 

 What’s Cooking has no liability for any infringement claim :

(i) based on the use of the Websites with website, data, or service not provided by What’s Cooking.

(ii) concerning the Websites based on the use of other than the then current unaltered release of the website.

(iii) based on the use of the Websites in a manner which is not authorized by this Website License. The indemnification obligations of Website shall terminate if the End User fails to perform its obligations under this Website License.

 

 The End User shall indemnify What’s Cooking against all losses and expenses in connection with any proceeding arising out of

(i) use of the Websites.

(ii) breach of the terms of this Agreementespecially related to Proprietary Rights Confidentiality and/or

(iii) unauthorized customization, modification, or other alterations to the Websites, including claims that its customization, modification, or other alterations infringe a third party's Intellectual Property rights.

 

THIRD PARTY LICENSORS

The license granted under this Agreement, may be granted under authority granted to What’s Cooking by one or more third party licensors. End User agrees that each such third-party licensor is, to the fullest extent permitted by law, a third-party beneficiary of this Agreement, including without limitation, the provisions concerning confidentiality, warranty disclaimers, and limitations of liability.

 

PROPRIETARY RIGHTS; CONFIDENTIALITY

 The End User acknowledges and agrees that What’s Cooking is the sole and exclusive owner of all rights, title, and interest, including intellectual property rights, in, to, and under the Websites, the extracts and derivative works of the websites, all its upgrades, subsequent releases, modifications and all related computer programs, media, documentation and other materials. End User agrees not to remove, deface, or destroy any copyright, patent notice, trademark, service mark, proprietary markings or other legends placed on or within the Websites.

 

 The End User must treat and hold as confidential, all information which it may receive from What’s Cooking subsequent to use of this Website, or which becomes known to it during the use of the Websites. The confidential information of What’s Cooking shall include the Websites and any associated material and Documentation, including information contained herein; all information relating to What’s Cooking’s past, present and future research development; What’s Cooking’s business activities, pricing, products, services, customers, as well as What’s Cooking’s technical knowledge and trade secrets.

 

TERMINATION

What’s Cooking shall terminate the Account, upon notice to the End User. However, in case the End User breaches any obligation under this Software License, including violation of the provisions of payment, Proprietary Rights or Confidentiality, What’s Cooking shall have the right to terminate this Agreement immediately and the End User will have to cure, remedy when such default has not been cured.

 

NOTICES

Any notice to be given hereunder shall be in writing and shall either be delivered personally or sent by registered post, telex, facsimile transmission, electronic mail or other means of tele-communication in permanent written form at their respective addresses or such other address, telex number, or facsimile number as may be notified by that Party to any other Party from time to time, and shall be deemed to have been made or delivered.

 

GOVERNING LAW AND JURISDICTION

 This Websites shall be governed by, and construed in accordance with, the laws of India.

 

 If any dispute or difference of any kind whatsoever shall arise between the Parties in connection with or arising out of the Websites, which the Parties are unable to settle amicably between themselves, then such disputes or differences shall be decided by a sole arbitrator to be mutually agreed upon by the Parties in accordance with the provisions of the Arbitration and Conciliation Act, 1996. The arbitration shall be held in Kolkata and English language shall be used in the arbitral proceedings. The Parties agree that the decision of the arbitral tribunal shall be final and binding upon the Parties. The costs of the arbitral tribunal shall be equally borne by both the Parties.

 

 Subject to the above, the appropriate courts in Kolkata shall have exclusive jurisdiction in relation to any matter arising out of this Software License.