Terms and Conditions

 Terms of Service

1. Acceptance of terms

Thank you for using happy tiffin. These Terms of Service (the "Terms") are intended to make you aware of your legal rights and responsibilities with respect to your access to and use of the Happy tiffin and any related mobile or software applications ("Happy tiffin Platform") including but not limited to Happy Point delivery of information via the website whether existing now or in the future that link to the Terms (collectively, the "Services").

 

Please read these Terms carefully. By accessing or using the Happy tiffin Platform, you are agreeing to these Terms and concluding a legally binding contract with Happy tiffin (a product of Allied With Amaze Private Limited.)You may not use the Services if you do not accept the Terms or are unable to be bound by the Terms. Your use of the Happy tiffin Platform is at your own risk, including the risk that you might be exposed to content that is objectionable, or otherwise inappropriate.

 

In order to use the Services, you must first agree to the Terms. You can accept the Terms by:

 

Clicking to accept or agree to the Terms, where it is made available to you by Happy tiffin in the user interface for any particular Service; or

Actually using the Services. In this case, you understand and agree that Happy tiffin will treat your use of the Services as acceptance of the Terms from that point onwards.

2. Definitions

Customer

"Customer" or "You" or "Your" refers to you, as a customer of the Services. A customer is someone who accesses or uses the Services for the purpose of sharing, displaying, hosting, publishing, transacting, or uploading information or views or pictures and includes other persons jointly participating in using the Services including without limitation a user having access to Restaurant (s) or homemade (s) or stall (s) or caterer (s)business page' to manage claimed business listings or otherwise.

 

Content

"Content" will include (but is not limited to) reviews, images, photos, audio, video, location data, nearby places, and all other forms of information or data. "Your content" or "Customer Content" means content that you upload, share or transmit to, through or in connection with the Services, such as likes, ratings, reviews, images, photos, messages, chat communication, profile information, or any other materials that you publicly display or displayed in your account profile. "Happy tiffin Content" means content that Happy tiffin creates and make available in connection with the Services including, but not limited to, visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate ratings, reports and other usage-related data in connection with activities associated with your account and all other elements and components of the Services excluding Your Content and Third Party Content. "Third Party Content" means content that comes from parties other than Happy tiffin or its Customers, such as Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partners and is available on the Services.

Restaurant (s) or Homemade (s) or Stall (s) or Caterer (s)

" Restaurant or Homemade or Stall or Caterer " means the Restaurant s or Homemade s or Stall s or Caterer s listed on Happy tiffin Platform.

3. Changes to the terms

Happy tiffin may vary or amend or change or update these Terms, from time to time entirely at its own discretion. You shall be responsible for checking these Terms from time to time and ensure continued compliance with these Terms. Your use of Happy tiffin Platform after any such amendment or change in the Terms shall be deemed as your express acceptance to such amended/changed terms and you also agree to be bound by such changed/amended Terms.

4. Content

1. Ownership of Happy tiffin Content and Proprietary Rights

a. We are the sole and exclusive copyright owners of the Services and our Content. We also exclusively own the copyrights, trademarks, service marks, logos, trade names, trade dress and other intellectual and proprietary rights throughout the world (the "IP Rights") associated with the Services and Happy tiffin Content, which may be protected by copyright, patent, trademark and other applicable intellectual property and proprietary rights and laws. You acknowledge that the Services contain original works and have been developed, compiled, prepared, revised, selected, and arranged by us and others through the application of methods and standards of judgment developed and applied through the expenditure of substantial time, effort, and money and constitutes valuable intellectual property of us and such others. You further acknowledge that the Services may contain information which is designated as confidential by Happy tiffin and that you shall not disclose such information without Happy tiffin's prior written consent.

 

b. You agree to protect Happy tiffin's proprietary rights and the proprietary rights of all others having rights in the Services during and after the term of this agreement and to comply with all reasonable written requests made by us or our suppliers and licensors of content or otherwise to protect their and others' contractual, statutory, and common law rights in the Services. You acknowledge and agree that Happy tiffin (or Happy tiffin's licensors) own all legal right, title and interest in and to the Services, including any IP Rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated as confidential by Happy tiffin and that you shall not disclose such information without Happy tiffin's prior written consent. Unless you have agreed otherwise in writing with Happy tiffin, nothing in the Terms gives you a right to use any of Happy tiffin's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.

 

c. You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of Happy tiffin; or remove, conceal or obliterate any copyright or other proprietary notice or source identifier, including without limitation, the size, colour, location or style of any proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation. You cannot modify, reproduce, publicly display or exploit in any form or manner whatsoever any of the Happy tiffin's Content in whole or in part except as expressly authorized by Happy tiffin.

 

d. To the fullest extent permitted by applicable law, we neither warrant nor represent that your use of materials displayed on the Services will not infringe rights of third parties not owned by or affiliated with us. You agree to immediately notify us upon becoming aware of any claim that the Services infringe upon any copyright trademark, or other contractual, intellectual, statutory, or common law rights by following the instructions contained below in section XVI.

 

2. Your License to Happy tiffin Content

a. We grant you a personal, limited, non-exclusive and non-transferable license to access and use the Services only as expressly permitted in these Terms. You shall not use the Services for any illegal purpose or in any manner inconsistent with these Terms. You may use information made available through the Services solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of Happy tiffin Content in whole or in part except as expressly authorized by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to the Services, Happy tiffin Content or our IP Rights.

 

b. Any violation by you of the license provisions contained in this Section may result in the immediate termination of your right to use the Services, as well as potential liability for copyright and other IP Rights infringement depending on the circumstances.

 

3. Happy tiffin License to Your or Customer Content

In consideration of availing the Services on the Happy tiffin Platform and by submitting Your Content, you hereby irrevocably grant Happy tiffin a perpetual, irrevocable, world-wide, non-exclusive, fully paid and royalty-free, assignable, sub-licensable and transferable license and right to use Your Content and all IP Rights therein for any purpose including API partnerships with third parties and in any media existing now or in future. By "use" we mean use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyze, promote, commercialize, create derivative works, and in the case of third party services, allow their users and others to do the same. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive, and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content brought against Happy tiffin or its Customers, any third party services and their users.

 

4. Representations Regarding Your or Customer Content

a. You are responsible for Your Content. You represent and warrant that you are the sole author of, own, or otherwise control all of the rights of Your Content or have been granted explicit permission from the rights holder to submit Your Content; Your Content was not copied from or based in whole or in part on any other content, work, or website; Your Content was not submitted via the use of any automated process such as a script bot; use of Your Content by us, third party services, and our and any third party users will not violate or infringe any rights of yours or any third party; Your Content is truthful and accurate; and Your Content does not violate the Guidelines and Policies or any applicable laws

 

b. If Your Content is a review, you represent and warrant that you are the sole author of that review; the review reflects an actual dining experience that you had; you were not paid or otherwise remunerated in connection with your authoring or posting of the review; and you had no financial, competitive, or other personal incentive to author or post a review that was not a fair expression of your honest opinion.

 

c. You assume all risks associated with Your Content, including anyone's reliance on its quality, accuracy, or reliability, or any disclosure by you of information in Your Content that makes you personally identifiable. While we reserve the right to remove Content, we do not control actions or Content posted by our Customers and do not guarantee the accuracy, integrity or quality of any Content. You acknowledge and agree that Content posted by Customers and any and all liability arising from such Content is the sole responsibility of the Customer who posted the content, and not Happy tiffin.

 

5. Content Removal

We reserve the right, at any time and without prior notice, to remove, block, or disable access to any Content that we, for any reason or no reason, consider to be objectionable, in violation of the Terms or otherwise harmful to the Services or our Customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of Your Content to you under any circumstances. Further, the Restaurant (s) or homemade (s) or stall (s) or caterer (s)  reserves the right to delete any images and pictures forming part of Customer Content, from such Restaurant’s or homemade’s or stall’s or caterer’s listing page at its sole discretion.

 

5. Content guidelines and privacy policy

1. Content Guidelines

You represent that you have read, understood and agreed to our Guidelines and Polices related to Content

 

2. Privacy Policy

You represent that you have read, understood and agreed to our Privacy Policy. Please note that we may disclose information about you to third parties or government authorities if we believe that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process/notice served on us; or (iv) protect our rights, reputation, and property, or that of our Customers, affiliates, or the general public

6. Restrictions on use

Without limiting the generality of these Terms, in using the Services, you specifically agree not to post or transmit any content (including review) or engage in any activity that, in our sole discretion:

 

a. Violate our Guidelines and Policies;

 

b. Is harmful, threatening, abusive, harassing, tortious, indecent, defamatory, discriminatory, vulgar, profane, obscene, libellous, hateful or otherwise objectionable, invasive of another's privacy, relating or encouraging money laundering or gambling;

 

c. Constitutes an inauthentic or knowingly erroneous review, or does not address the goods and services, atmosphere, or other attributes of the business you are reviewing.

 

d. Contains material that violates the standards of good taste or the standards of the Services;

 

e. Violates any third-party right, including, but not limited to, right of privacy, right of publicity, copyright, trademark, patent, trade secret, or any other intellectual property or proprietary rights;

 

f. Accuses others of illegal activity, or describes physical confrontations;

 

g. Alleges any matter related to health code violations requiring healthcare department reporting. Refer to our Guidelines and Policies for more details about health code violations.

 

h. Is illegal, or violates any federal, state, or local law or regulation (for example, by disclosing or trading on inside information in violation of securities law);

 

i. Attempts to impersonate another person or entity;

 

j. Disguises or attempts to disguise the origin of Your Content, including but not limited to by: (i) submitting Your Content under a false name or false pretences; or (ii) disguising or attempting to disguise the IP address from which Your Content is submitted;

 

k. Constitutes a form of deceptive advertisement or causes, or is a result of, a conflict of interest;

 

l. Is commercial in nature, including but not limited to spam, surveys, contests, pyramid schemes, postings or reviews submitted or removed in exchange for payment, postings or reviews submitted or removed by or at the request of the business being reviewed, or other advertising materials;

 

m. Asserts or implies that Your Content is in any way sponsored or endorsed by us;

 

n. Contains material that is not in English or, in the case of products or services provided in foreign languages, the language relevant to such products or services;

 

o. Falsely states, misrepresents, or conceals your affiliation with another person or entity;

 

p. Accesses or uses the account of another customer without permission;

 

q. Distributes computer viruses or other code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or electronic communications equipment;

 

r. Interferes with, disrupts, or destroys the functionality or use of any features of the Services or the servers or networks connected to the Services;

 

s. "Hacks" or accesses without permission our proprietary or confidential records, records of another Customer, or those of anyone else;

 

t. Violates any contract or fiduciary relationship (for example, by disclosing proprietary or confidential information of your employer or client in breach of any employment, consulting, or non-disclosure agreement);

 

u. Decompiles, reverse engineers, disassembles or otherwise attempts to derive source code from the Services;

 

v. Removes, circumvents, disables, damages or otherwise interferes with security-related features, or features that enforce limitations on use of, the Services;

 

w. Violates the restrictions in any robot exclusion headers on the Services, if any, or bypasses or circumvents other measures employed to prevent or limit access to the Services;

 

x. Collects, accesses, or stores personal information about other Customers of the Services;

 

y. Is posted by a bot;

 

z. Harms minors in any way;

 

aa. Threatens the unity, integrity, defense, security or sovereignty of India or of the country of use, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation;

 

ab. Modifies, copies, scrapes or crawls, displays, publishes, licenses, sells, rents, leases, lends, transfers or otherwise commercialize any rights to the Services or Our Content; or

 

ac. Attempts to do any of the foregoing.

 

ad. is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person;

 

You acknowledge that Happy tiffin has no obligation to monitor your – or anyone else's – access to or use of the Services for violations of the Terms, or to review or edit any content. However, we have the right to do so for the purpose of operating and improving the Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with the Terms and to comply with applicable law or the order or requirement of legal process, a court, consent decree, administrative agency or other governmental body

 

You hereby agree and assure Happy tiffin that the Happy tiffin Platform/Services shall be used for lawful purposes only and that you will not violate laws, regulations, ordinances or other such requirements of any applicable Central, Federal State or local government or international law(s). You shall not upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, junk mail, spam mail, chain letters or any other form of solicitation, encumber or suffer to exist any lien or security interest on the subject matter of these Terms or to make any representation or warranty on behalf of Happy tiffin in any form or manner whatsoever.

 

You hereby agree and assure that while communicating on the Happy tiffin Platform including but not limited to giving cooking instructions to the Restaurant (s) or homemade (s) or stall (s) or caterer (s), communicating with our support agents on chat support or with the Happy Point delivery Partners, through any medium, You shall not use abusive and derogatory language and/or post any objectionable information that is unlawful, threatening, defamatory, or obscene. In the event you use abusive language and/or post objectionable information, Happy tiffin reserves the right to suspend the chat support service and/or block your access and usage of the Happy tiffin Platform, at any time with or without any notice.

 

Any Content uploaded by you, shall be subject to relevant laws of India and of the country of use and may be disabled, or and may be subject to investigation under applicable laws. Further, if you are found to be in non-compliance with the laws and regulations, these terms, or the privacy policy of the Happy tiffin Platform, Happy tiffin shall have the right to immediately block your access and usage of the Happy tiffin Platform and Happy tiffin shall have the right to remove any non-compliant content and or comment forthwith, uploaded by you and shall further have the right to take appropriate recourse to such remedies as would be available to it under various statutes.

 

 

7. Additional Terms and Conditions for Customers using the various services offered by Happy tiffin:

1. FOOD ORDERING AND HAPPY POINT DELIVERY:

a. Happy tiffin provides food ordering and Happy Point delivery services by entering into contractual arrangements with Restaurant (s) or homemade (s) or stall (s) or caterer (s)  partners (“Restaurant (s) or homemade (s) or stall (s) or caterer (s)  Partners”) and Stores (as defined below) on a principal-to-principal basis for the purpose of listing their menu items or the Products (as defined below) for food ordering and Happy Point delivery by the Customers on the Happy tiffin Platform.

 

b. The Customers can access the menu items or Products listed on the Happy tiffin Platform and place orders against the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner through Happy tiffin.

 

c. Your request to order food and beverages or Products from a Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner on the Happy tiffin Platform shall constitute an unconditional and irrevocable authorization issued in favour of Happy tiffin to place orders for food and beverages or Products against the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner(s) on your behalf.

 

d. Happy Point delivery of an order placed by you through the Happy tiffin Platform may either be undertaken directly by the Restaurant (s) or homemade (s) or stall (s) or caterer (s)  Partner against whom you have placed an order, or facilitated by Happy tiffin through a third-party who may be available to provide Happy Point delivery services to you (“Happy Point delivery Partners”). In both these cases, Happy tiffin is merely acting as an intermediary between you and the Happy Point delivery Partners, or you and the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner , as the case may be.

 

e. The acceptance by a Happy Point delivery Partner of undertaking Happy Point delivery of your order shall constitute a contract of service under the Consumer Protection Act, 2019 or any successor legislations, between you and the Happy Point delivery Partner, to which Happy tiffin is not a party under any applicable law. It is clarified that Happy tiffin does not provide any Happy Point delivery or logistics services and only enables the Happy Point delivery of food and beverages or Products ordered by the Customers through the Happy tiffin Platform by connecting the Customers with the Happy Point delivery Partners or the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partners, as the case may be.

 

f. Where Happy tiffin is facilitating Happy Point delivery of an order placed by you, Happy tiffin shall not be liable for any acts or omissions on part of the Happy Point delivery Partner including deficiency in service, wrong Happy Point delivery of order, time taken to deliver the order, order package tampering, etc.

 

g. You may be charged a Happy Point delivery fee for Happy Point delivery of your order by the Happy Point delivery Partner or the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner, as the Happy Point delivery Partner or the Restaurant (s) or homemade (s) or stall (s) or caterer (s)  Partner may determine (“Happy Point delivery Charges"). You agree that Happy tiffin is authorized to collect, on behalf of the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner or the Happy Point delivery Partner, the Happy Point delivery Charges for the Happy Point delivery service provided by the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner or the Happy Point delivery Partner, as the case may be. The Happy Point delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner, order value, distance, time of the day. Happy tiffin will inform you of the Happy Point delivery Charges that may apply to you, provided you will be responsible for Happy Point delivery Charges incurred for your order regardless of your awareness of such Happy Point delivery Charges.

 

h. In addition to the Happy Point delivery Charges, you may also be charged an amount towards Happy Point delivery surge for Happy Point delivery of your order facilitated by the Happy Point delivery Partner or the Restaurant (s) or homemade (s) or stall (s) or caterer (s), which is determined on the basis of various factors including but not limited to distance covered, time taken, demand for Happy Point delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Happy Point delivery Surge"). You agree that Happy tiffin is authorized to collect, on behalf of the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner or the Happy Point delivery Partner or the Store, the Happy Point delivery Surge for the Happy Point delivery service provided by the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner or the Happy Point delivery Partner, as the case may be. The Happy Point delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner, order value, distance, demand during peak hours. Happy tiffin will use reasonable efforts to inform you of the Happy Point delivery Surge that may apply to you, provided you will be responsible for the Happy Point delivery Surge incurred for your order regardless of your awareness of such Happy Point delivery Surge.

 

i. In respect of the order placed by You, Happy tiffin shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.

 

j. You are expected to respect the dignity and diversity of Happy Point delivery Partners and accordingly you agree to not discriminate against any Happy Point delivery Partner on the basis of Discrimination Characteristics (as defined below). You are also expected to enable provision of a secure and fearless gig/ platform work environment for the Happy Point delivery partners including prevention and deterrence of harassment (including sexual harassment) towards Happy Point delivery Partners.

 

Discrimination Characteristics shall mean discrimination based on race, community, religion, disability, gender, sexual orientation, gender identity, age (insofar as permitted by applicable laws to undertake the relevant gig work), genetic information, or any other legally protected status.

 

A. Food Ordering and Happy Point delivery with Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partners:

a. All prices listed on the Happy tiffin Platform are provided by the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner, including packaging or handling charges, if any, at the time of publication on the Happy tiffin Platform and the same are displayed by Happy tiffin as received from the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner. While we take great care to keep them up to date, the final price charged to you by the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner, including the packaging and handling charges may change at the time of Happy Point delivery. In the event of a conflict between price on the Happy tiffin Platform and price charged by the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner, the price charged by the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner shall be deemed to be the correct price except `Happy Point delivery Charge of Happy tiffin.

b. Delay on the On Time Guarantee Time is for unforeseen reasons eg. strikes, natural disaster, Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner’s inability to provide the Order.

ii. You change, edit, modify or cancel such Order or do any such act that has the effect of changing, editing or modifying such order including but not limited to adding or changing the items ordered, receiving Happy Point delivery at a location other than the one indicated at the time of placing of the order etc.

iii. You indulge in actions intended to delay the order including but not limited to asking the Happy Point delivery Partner to delay the Order, becoming unresponsive on call etc.

iv. The order is a bulk order (as per Happy tiffin’s standard order size)

v. The order is cancelled due to any reason.

 

B. General Terms and Conditions

a. Happy tiffin is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner(s) on behalf of the Customers pursuant to the unconditional and irrevocable authority granted by the Customers to Happy tiffin, and facilitates the sale and purchase of food and beverages or Products between Customers and Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partners, under the contract for sale and purchase of food and beverages or Products between the Customers and Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partners.

 

b. Happy tiffin shall not be liable for any acts or omissions on part of the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner including deficiency in service, wrong Happy Point delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.

 

c. The Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the Customer and in no event shall be the responsibility of Happy tiffin.

 

d. For the Customers in India, it is hereby clarified by Happy tiffin that the liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, vendors, Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly. For the purpose of clarity Pre-Packed Goods shall mean the food and beverages items which is placed in a package of any nature, in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the customer or as may be defined under the Food Safety and Standards Act, 2006 from time to time.

 

e. Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the dish you are ordering and read its description, if provided, prior to placing your order. Happy tiffin shall not be liable in the event the food and beverages or the Product ordered by You does not meet your dietary or any other requirements and/or restrictions.

 

f. While placing an order you shall be required to provide certain details, including without limitation, contact number and Happy Point delivery address. You agree to take particular care when providing these details and warrant that these details are accurate and complete at the time of placing an Order. By providing these details, you express your acceptance to Happy tiffin's terms and privacy policies.

 

g. You or any person instructed by you shall not resell food and beverages or Products purchased via the Happy tiffin Platform.

 

h. The total price for food ordered, including the Happy Point delivery Charges and other charges, will be displayed on the Happy tiffin Platform when you place your order, which may be rounded up to the nearest amount. Customers shall make full payment towards such food or Products ordered via the Happy tiffin Platform.

 

i. Any amount that may be charged to you by Happy tiffin over and above the order value, shall be inclusive of applicable taxes.

 

j. Happy Point delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.

 

k. Personal Promo code can only be used by You subject to such terms and conditions set forth by Happy tiffin from time to time.

 

Shipping and return policy:

Please note that the shipping and return policy does not apply to this application. Once the application is downloaded or accessed, it is considered a final transaction, and no refunds, returns, or exchanges will be entertained. Users are encouraged to thoroughly review the features and specifications of the application before making the decision to download or purchase. Any technical issues or concerns related to the functionality of the application should be directed to our customer support team for prompt assistance. We appreciate your understanding and cooperation in this matter, and we strive to provide a seamless and satisfactory experience for all our users.

l. Cancellation and refund policy:

 

a. You acknowledge that (1) your cancellation, or attempted or purported cancellation of an order or (2) cancellation due to reasons not attributable to Happy tiffin, that is, in the event you provide incorrect particulars, contact number, Happy Point delivery address etc., or that you were unresponsive, not reachable or unavailable for fulfillment of the services offered to you, shall amount to breach of your unconditional and irrevocable authorization in favour of Happy tiffin to place that order against the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partners/Store(s) on your behalf (“Authorization Breach"). In the event you commit an Authorization Breach, you shall be liable to pay the liquidated damages of an amount equivalent to the order value. You hereby authorize Happy tiffin to deduct or collect the amount payable as liquidated damages through such means as Happy tiffin may determine in its discretion, including without limitation, by deducting such amount from any payment made towards your next Order

 

ii. There may be cases where Happy tiffin is either unable to accept your order or cancels the order, due to reasons including without limitation, technical errors, unavailability of the item(s) ordered, or any other reason attributable to Happy tiffin, Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner/Store or Happy Point delivery Partner. In such cases, Happy tiffin shall not charge a cancellation charge from you. If the order is cancelled after payment has been charged and you are eligible for a refund of the order value or any part thereof, the said amount will be reversed to you.

 

iii. No replacement / refund / or any other resolution will be provided without Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner’s/Store(s)’ permission.

 

iv. Any complaint, with respect to the order which shall include instances but not be limited to food spillage, foreign objects in food, Happy Point delivery of the wrong order or food and beverages or Products, poor quality, You will be required to share the proof of the same before any resolution can be provided.

 

v. You shall not be entitled to a refund in case instructions placed along with the order are not followed in the form and manner You had intended. Instructions are followed by the Restaurant (s) or homemade (s) or stall (s) or caterer (s) Partner /Store on a best-efforts basis.

 

vi. All refunds shall be processed in the same manner as they are received, unless refunds have been provided to You in the form of credits, refund amount will reflect in your account based on respective banks policies.

 

2. Call Recording: Happy tiffin may contact Happy tiffin users via telephone, SMS or other electronic messaging or by email with information about your Happy tiffin Gold experience or any feedback thereon. Any calls that may be made by Happy tiffin, by itself or through a third party, to the members or the Restaurant (s) or homemade (s) or stall (s) or caterer (s) pertaining to the experience of a Customer may be recorded for internal training and quality purposes by Happy tiffin or any third party appointed by Happy tiffin.

 

3. Assignment: Happy tiffin may assign or transfer any of its rights or obligations under these Terms and conditions to any of its affiliates or any third party at any time.

 

 

8. FOOD HYGIENE RATINGS:

a. The Food Hygiene Ratings ("Hygiene Rating(s)") is an initiative of Happy tiffin in partnership with certified auditors ("Hygiene Auditor(s)") to audit Restaurant s. The Customer acknowledges that Happy tiffin is merely acting as a facilitator in the hygiene audit process and does not conduct any hygiene audit by itself.

 

b. The Customer understands and agrees that the Hygiene Rating(s) displayed on the Happy tiffin Platform are for informational purposes only and merely indicate the hygiene standards of a Restaurant at the time such audit is conducted by the Hygiene Auditor(s). The Hygiene Rating(s) shall not be deemed to be an indicator to the food quality standards maintained by a Restaurant.

 

c. Validity:

i. The validity of the Hygiene Rating(s) displayed on the Happy tiffin Platform shall be for a period of six (6) or twelve (12) months, as the case may be, from the date of last audit as displayed on the Happy tiffin Platform.

ii. Happy tiffin reserves the right to remove the Hygiene Rating(s) for a Restaurant upon expiry of the validity of the Hygiene Rating(s), without any prior intimation to the Customer.

 

d. Disclaimer and Liability:

i. The Hygiene Rating(s) that are displayed on the Happy tiffin Platform are on an 'as available' basis, based on the data provided to Happy tiffin by the Hygiene Auditor(s) for a Restaurant  and Happy tiffin disclaims all warranties with respect to the Hygiene Rating(s) or any information displayed in this regard on the Happy tiffin Platform.

ii. Any actions taken by a Customer relying upon the Hygiene Rating(s) or any information displayed in this regard on the Happy tiffin Platform shall be strictly at such Customer's own risk and Happy tiffin shall in no manner be held liable for any losses or damages that may arise in connection with the use of this information or any inaccuracy, invalidity or discrepancy in the Hygiene Rating(s). Happy tiffin expressly disclaims all liabilities that may arise in connection to the reliance by a Customer on such Hygiene Rating(s) including without limitation, any consumption of food or any other items served at a Restaurant, or any other services that may be provided by a Restaurant.

iii. Happy tiffin shall under no circumstances be held liable if a Restaurant does not display the correct and accurate Hygiene Rating(s) on its Restaurant premises, website or any other platform.

 

e. The Customer acknowledges that the Hygiene Rating(s) as displayed on the Happy tiffin Platform shall under no circumstances be construed to be a proof of the hygiene standards or practices that are being adopted by the Restaurant  and such Hygiene Rating(s) shall not be used as evidence in a court of law or governmental authority or disputed in any manner whatsoever. The Customer further understands that the Restaurant is solely responsible to maintain the hygiene and food safety standards in compliance with the applicable laws.

 

f. Contact Us: You may contact us at happytiffin.help@gmail.com for any further queries with regard to Hygiene Ratings.

 

9. Termination of your access to the services

You can delete your account at any time by contacting us.

 

We may terminate your use of the Services and deny you access to the Services in our sole discretion for any reason or no reason, including your: (i) violation of these Terms; or (ii) lack of use of the Services. You agree that any termination of your access to the Services may be affected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your account and all related information and/or bar any further access to your account or the Services. If you use the Services in violation of these Terms, we may, in our sole discretion, retain all data collected from your use of the Services. Further, you agree that we shall not be liable to you or any third party for the discontinuation or termination of your access to the Services

 

 

10. General terms

Interpretation:

 

The section and subject headings in these Terms are included for reference only and shall not be used to interpret any provisions of these Terms.

 

Entire Agreement and Waiver:

 

The Terms, together with the 'Privacy Policy' and 'Guidelines and Policies', shall constitute the entire agreement between you and us concerning the Services. No failure or delay by us in exercising any right, power or privilege under the Terms shall operate as a waiver of such right or acceptance of any variation of the Terms and nor shall any single or partial exercise by either party of any right, power or privilege preclude any further exercise of that right or the exercise of any other right, power or privilege.

 

Severability:

 

If any provision of these Terms is deemed unlawful, invalid, or unenforceable by a judicial court for any reason, then that provision shall be deemed severed from these Terms, and the remainder of the Terms shall continue in full force and effect.

 

Partnership or Agency:

 

None of the provisions of these Terms shall be deemed to constitute a partnership or agency between you and Happy tiffin and you shall have no authority to bind Happy tiffin in any form or manner, whatsoever.

 

Governing Law/Waiver:

 

(a) For Customers residing in India: These Terms shall be governed by the laws of India. The Courts of New Delhi shall have exclusive jurisdiction over any dispute arising under these terms.

 

(b) For all Customers: YOU MUST COMMENCE ANY LEGAL ACTION AGAINST US WITHIN ONE (1) YEAR AFTER THE ALLEGED HARM INITIALLY OCCURS. FAILURE TO COMMENCE THE ACTION WITHIN THAT PERIOD SHALL FOREVER BAR ANY CLAIMS OR CAUSES OF ACTION REGARDING THE SAME FACTS OR OCCURRENCE, NOTWITHSTANDING ANY STATUTE OF LIMITATIONS OR OTHER LAW TO THE CONTRARY. WITHIN THIS PERIOD, ANY FAILURE BY US TO ENFORCE OR EXERCISE ANY PROVISION OF THESE TERMS OR ANY RELATED RIGHT SHALL NOT CONSTITUTE A WAIVER OF THAT RIGHT OR PROVISION.

 

Carrier Rates may Apply:

 

By accessing the Services through a mobile or other device, you may be subject to charges by your Internet or mobile service provider, so check with them first if you are not sure, as you will be solely responsible for any such costs incurred.

 

Linking and Framing:

 

You may not frame the Services. You may link to the Services, provided that you acknowledge and agree that you will not link the Services to any website containing any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful topic, name, material, or information or that violates any intellectual property, proprietary, privacy, or publicity rights. Any violation of this provision may, in our sole discretion, result in termination of your use of and access to the Services effective immediately.

 

11. Contact Us:

1. Details of the Company

Legal Entity Name: Happy tiffin (A product of Allied With Amaze Technoverse Private Limited)

CIN: U73100MH2022PTC387908

Registered Address: C/O SHRI JEEVAN I KIRADE KARATWADI KARATWADIAKOT Akola MH 444101 IN

Corporate Address: Near K.K.care Hospital, Padmavati Nagri, Wadmukhwadi, Alandi,Pune Maharashtra India 412105,

Details of website and Application: www.happy tiffin.com (“Website”) and “Happy tiffin” application for mobile and handheld devices

Contact Details: happytiffin.help@gmail.com

For any order related issue, you may first reach out to us via chat support on the Happy tiffin app for real time basis resolution.

You may write to us at happytiffin.help@gmail.com and we will strive to resolve your order related grievance within the timelines prescribed under applicable laws.

For a complaint raised on happytiffin.help@gmail.com, you will receive a unique ticket number to track the status of your complaint.

In case you do not receive a satisfactory response from the chat support and happytiffin.help@gmail.com as the case maybe, you can escalate the matter to our Grievance Officer by giving reference of the ticket number generated from happytiffin.help@gmail.com and we shall address your concern within an estimated time of forty-eight (48) hours.

 

For Customers residing in India, please note, in compliance with The Information Technology Act, 2000 and the rules made thereunder, as well as The Consumer Protection Act 2019, and the rules made thereunder, the grievance redressal mechanism, including the contact details of the Grievance Officer and Nodal Officer are given herein above.

 

Please note: Happy tiffin does not solicit confidential information such as OTP/CVV/PIN NUMBER/Card number either through call or mail or any other means. Please do not reveal these details to fraudsters and imposters claiming to be calling on Happy tiffin’s behalf. You may report such suspicious activities to happytiffin.help@gmail.com.