Terms & Conditions

Welcome to dcarteats.com website and our applications (each of our "Service"). This page (together with the documents referred to on it) tells you the terms and conditions on which our partner restaurants supply any of their meals (the"Meals") listed on our site to you. Please read these terms and conditions carefully before ordering any Meals from our site. By accessing our site and placing an order you agree to be bound by these terms and conditions and our terms of use policy.

If you have any questions relating to these terms and conditions please contact [email protected] before you place an order. If you do not accept these terms and conditions in full please do not use our Service.

Information

dcarteats.com is a website operated by Uniflex IT Solutions Pvt Ltd company ("we" or "us" or "DCART Eats"), incorporated and registered in the nation of india, whose registered office is at NRI-TBI, Smart business centre, infopark, Kakkanadu - Kerala. Our business is registered ROC-Ernakulam (Kerala) and the Registration No. 26437/2010. Dcart eats is a business where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by us.

Purpose

The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner restaurant and menu of their choice and allowing you to order meals from them. Dcart eats markets meals on behalf of our partner restaurants, concludes orders on their behalf and delivers the Meals to you.

Service availability

Dcart eats offers an ordering and delivery service from our partner restaurants starting with Ernakulam district. Each Partner Restaurant has a prescribed delivery area. This is to ensure that their Meals reach your door when they are at their best. If you live outside the delivery areas, a message will appear on screen notifying you that ordering online will not be possible. We do not accept orders from individuals to an area in which we do not have a Partner Restaurant. Operating hours will vary depending on local trading conditions and the availability of our Partner Restaurants. Please click on the relevant link to view the menus on our Service, and then click on your chosen menu which will provide you with the option to submit your order to your chosen Partner Restaurant.

Orders

When you place an order through our Service, an email thanking you for your order and confirming your order has been received and accepted by the Partner Restaurant (the "Confirmation Email") will be sent to you by us on behalf of the Partner Restaurant. The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and will only be formed when you have been sent a Confirmation Email by us. Please ensure that you have given us a correct email address as this is how we will communicate with you about your order. Please also ensure that you provide an accurate address and telephone number to ensure that your Meals arrive at the correct location. If you do not open the door or respond to telephonic correspondence within 5 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal. Dcart eats seeks to provide a quality service and will be the first contact in the event there is a problem with your Meal either in regards to food quality and/or temperature. We do monitor our Partner Restaurants very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation. Change or Add item in any placed orders should be communicated through Dcart eats Call Center or via email. Dcart eats will not be responsible if the user contacts the restaurant through the restaurant channel and climbs for mismatch with order after the delivery. Please let us know if you have any comments relating to our Partner Restaurants or in respect of the Meals.

Meals

All Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with. Our Partner Restaurants may use nuts in the preparation of certain Meals. You can add your “Note for restaurant” in the restaurant menu page if you are allergic to any certain ingredients. Dcart eats cannot guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.

Availability and delivery

Our aim is to provide the best delivery service possible. Unfortunately things do not always go to plan and factors, such as traffic conditions and weather, may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your meal is delivered by the time specified in the email and webpage. The timing of your order is determined by taking into account the number of orders and the circumstances being faced by the Partner Restaurant at that time. Delivery time that is shown in the restaurants logo interface as AVG 47 min for example, it means the average time, it is not a fixed time for the delivery, it would be more or less dependent on restaurants and the roads conditions. On the other hand, the expected delivery time is not fixed time it can be less or more for 15 minutes.

Cancellation

You have the right to cancel an order within a reasonable time and before the order becomes Preparing. A Partner Restaurant will classify a bad order as any order which is cancelled after food has been used to start preparing the order (a "Preparing Order"). Customers can cancel an order by contacting our call center. Dcart eats and the Partner Restaurant may cancel any order and will tell you once we cancel an order and will tell you the reason for cancellation. You will not be charged for any orders cancelled in accordance with this clause. Any payment made prior to an order being cancelled by Dcart eats or a Partner Restaurant will usually be reimbursed using the same method you used to pay for your order and if the payment was not cash the refund will be within three working days. Any order cancelled after it becomes a Preparing will be charged to you. Dcart eats alone will determine whether an order is a preparation or not.

Price and payment

The price of any Meals will be listed on our Service. Prices will vary between menus. Prices are liable to change at any time, but the changes will not affect orders in respect of which you have been presented with the confirmation email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue. You may be able to cancel your order once we notify you. Despite our best efforts, some of the Meals listed on our service may be incorrectly priced. The relevant Partner Restaurant will normally verify prices as part of the order process. Payment for all Meals can be made by cash on delivery or credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorized and the amount marked for payment. Payment is made directly to Dcart eats and is subsequently passed on by Dcart eats to the partner restaurant. We are authorized by our partner

restaurants to accept payment on their behalf and payment of the price of any Meals to us will discharge your obligations to pay such price to the Partner Restaurant.

Coupons

• All coupons are one-time use only.
• Applicable for All restaurants (unless otherwise stated)
• Coupon amount does not include delivery charge (unless otherwise stated)
• Not redeemable for cash or credit.
• Cancelled orders paid with coupons cannot be redeemed for credit or cash
• Cancelled orders paid with coupons cannot be redeemed for credit or cash
• Only one code can be used per order.
• Minimum order for a free delivery coupon is Rs 100/.
• Coupon validity is limited and differs for each coupon.
• Coupon codes cannot be redeemed against offer items.
• If a user did not redeem the full amount of the coupon, the same coupon cannot be used again to redeem the remaining amount.
• Dcart eats reserves the right to cancel or modify any order, or revoke the use of coupons for any reason, including due to: suspicious or fraudulent purchasing activity or coupon use; coupon abuse, including the use of multiple accounts or multiple checkouts associated with the same customer or group of customers; or coupon used in bad faith (including resold Vouchers )

Debit card saving

If as a KNET user, you select to save your KNET user data, your data will be cached locally on your device. You have the option to accept or decline to save your data in this manner. Whenever you update your data, your cached data will be updated automatically. At any time you can disable this feature and remove your data through your profile settings. Where you have selected to save your data as specified above, such selection is entirely at your own risk and you irrevocably waive any rights you may have under any laws regulations or otherwise, now or in the future to make any claims, demands or take any actions against us, our employees, agents, affiliates, or contractors (together the releases) in connection to your data including (without limitation) any claims demands or actions for any accessing, theft, processing or tampering with the data. You also agree to hold harmless and indemnify each and every one of the releasees from and against any claims of whatsoever nature and howsoever arising, including legal expenses and costs, which may be made now or in the future against them by you and/or any other party, in connection with any of the matters recited above.

Our liability

To the extent permitted by law, Dcart eats provides our service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected. Subject as provided below, neither Dcart eats nor any Partner Restaurant shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event that Dcart eats or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the meals you have paid for in your order. This does not include or limit in any way Dcart eats or any Partner Restaurant's liability for any matter for which it would be illegal for us or it to exclude, or attempt to exclude, our or its liability, including liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation.

Events outside our control

No party shall be liable to the other for any delay or non-performance of its obligations under this agreement arising from any cause beyond its control including, without limitation, any of the following: acts of God, governmental act, war, fire, flood, explosion or civil commotion. For the avoidance of doubt, nothing in clause 10 shall excuse the customer from any payment obligations under this Agreement.

Entire agreement

These terms contain the entire agreement between the parties relating to its subject matter and supersedes all prior agreements, arrangements and understandings between the parties relating to that subject matter.

Our right to vary these terms and conditions

Dcart eats may revise these terms of use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are binding on you.

Law and jurisdiction

The Indian courts will have jurisdiction over any claim arising from, or related to, any use of our services. These terms of use and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of India