Terms and Legal
Terms and Legal
Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any Goods or Services from this Website. By ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.
• Section 1: Introduction
o 1.1We are 2FAAST, a brand of Delivetive Services Private Limited, https://www.2faast.com unless otherwise stated.
o 1.22FAAST is owned by Delivetive Services Private Limited.
• Section 2: Definitions
o 2.3"you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by 2FAAST;
o 2.4"we", "us", "our", and "2FAAST" are references to the Company;
o 2.5"Goods" is a reference to any goods which we may offer for sale from our Website from time to time;
o 2.6"Service" or "Services" is a reference to any service which we may supply and which you may request via our Website;
o 2.7"Participating Restaurant" is a third party, which has agreed to cooperate with the Company to prepare and/or deliver the Goods or Services.
o 2.8"Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Restaurants and for both of which our Participating Restaurants take full responsibility; and
o 2.9"Website" is a reference to our Website https://www.2faast.com or our mobile applications on which we offer our Goods or Services.
• Section 3: Ordering
o 3.1Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Goods or Services from this Website any contact is between you and 2FAAST. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
o 3.2Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
o 3.3Please note that some of our Goods may not be suitable for a certain age range. You should check that the product you are ordering is suitable for the intended recipient.
o 3.4When ordering from this Website you may be required to provide an email address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
o 3.5We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
o 3.6Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. When you place your order through our App, the order is confirmed through the App. You must inform us immediately if any details are incorrect. The Restaurant shall confirm order placement then followed by the 2FAAST confirming payment. Once both the restaurant and 2FAAST have confirmed the order/purchases and an available rider will be arranged for the food to be delivered.
o 3.7If the ordered Food Delivery and delivery capacity is available, the Participating Restaurant will accept the contract and confirm it to the customer. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be notified by the system.
o 3.8In the case that Goods offered by 2FAAST were ordered, 2FAAST will confirm availability together with Food Delivery.
o 3.9The information provided through the system will specify delivery details including the live location of the delivery rider during the delivery and the price of the Food Delivery, Goods and Services ordered.
o 3.10If the Food Delivery and/or Goods are not available or if there is no delivery capacity of which the availability will be confirmed by the Restaurant through the system.
• Section 4: Prices and Payment
o 4.1Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Goods or Services from this Website any contract is between you and 2FAAST. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are for your own credit or debit card and that you have sufficient funds to make the payment.
o 4.2All prices listed on the Website are correct at the time of publication; however, we reserve the right to alter these in the future. Prices are inclusive of the relevant sales tax and GST unless otherwise stated. We also reserve the right to alter the Goods or Services available for sale on the Website and to stop listing restaurants, Goods or Services.
o 4.3All prices listed on the Website for Food Delivery by the Participating Restaurant or a delivery partner listed on the Website reflect the price the Participating Restaurant or the third-party provider charges at the time of listing. We give great care to keep them up to date.
o 4.4All prices listed on the Website for Goods and Services by 2FAAST reflect the price at the time of listing. We give great care to keep them up to date.
o 4.5 All prices for delivery by 2FAAST or a third party provider assigned by 2FAAST listed on the Website are correct at the time of publication, however, we reserve the right to alter these in the future.
o 4.6The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made by online payment method only, e.g. credit or debit card.
o 4.7When you make an online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, 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 security checks to confirm it is you placing the order.
o 4.8Payments are processed by Razorpay, an online payment gateway system in India.
• Section 5: Delivery
o 5.9.1to deliver the product to you at the place of delivery requested by you in your order;
o 5.9.2to deliver within the time confirmed by the restaurant;
o 5.9.3to inform you if they expect that they are unable to meet the estimated delivery time.
o 5.1Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
o 5.2If delivery is done by the Participating Restaurant or its delivery partners, it is the Participating Restaurants sole responsibility to provide Food Delivery in a timely manner.
o 5.3In the case delivery is done by 2FAAST, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by 2FAAST in the case.
o 5.4All orders are delivered by 2FAAST. We and the Participating Restaurant will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact us vis(+91 8653263797) or email (firstname.lastname@example.org) and we will try to ensure that you receive your order as quickly as possible.
o 5.5In case of a late delivery, the delivery charge will neither be voided nor refunded by 2FAAST.
o 5.6All risk in the Goods and the Food Delivery shall pass to you upon delivery.
o 5.7If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
o 5.8You must ensure that at the time of delivery of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
o 5.9Participating restaurants, who will prepare your order, aim
o 5.10Participating Restaurants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
o 5.11Please note that it might not be possible for Participating Restaurants to deliver to some locations. If this is the case, our Participating Restaurants or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address;
• Section 6: Return and Refund Policy
o 6.1All orders through the system and after receiving the payment cannot be cancelled. We will not be able to refund any order after the payment has been made.
o 6.2We may cancel a contract if the product is not available for any reason. We will notify you if this is the case and return any payment that you have made.
o 6.3In the unlikely event that the Participating Restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and no refund shall be made by 2FAAST as the Restaurant is held fully responsible for the same and the Restaurant is to be contacted directly. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Restaurant.
• Section 7: Information
o 7.1Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide us with accurate and complete information.
o 7.3You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.
• Section 8: Linked Sites
o 8.1There may be a number of links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of the Goods or Services provided by such third parties nor do we have any control over the content or availability of such sites. We cannot accept any responsibility for the content of third party Websites or the Services or Goods that they may provide to you.
• Section 9: Complaints
o 2.1We take complaints very seriously and aim to respond to your complaints within 5 business days. All complaints should be addressed to email@example.com.
• Section 10: Limitation of Liability
o 10.1Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
o 10.3We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, however arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
o 10.4We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
o 10.5We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
o 10.6If we have contracted to provide identical or similar orders to more than one customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
o 10.7The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss, loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
o 10.8We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
o 10.9In the event 2FAAST has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, 2FAAST may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, 2FAAST reserves the right to seek compensation from any and all violators.
o 10.10Offers are subject to 2FAAST's discretion and may be withdrawn at any time and without notice.
• Section 11: General
o 11.1All prices are in India Rupees.
o 11.2We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or novate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
o 11.3We may alter or vary the Terms and Conditions at any time without notice to you.
o 11.4Payment must be made at the time of ordering the Food Delivery, Goods or Services from us by credit/debit card. Failure to pay (bank cancellation/bank reject/payment failure) will result in the cancellation of your order.
o 11.5Do not use or launch any automated system or program in connection with our website or its online ordering functionality;
o 11.6Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
o 11.8If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
o 11.9These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
o 11.10No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
o 11.10These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
2FAAST partnered restaurants
1.1Intellectual Property Rights
The Service Provider agrees to grant to the Buyer a non-exclusive, irrevocable, royalty free license to use, copy and modify any elements of the Material not specifically created for the Buyer as part of the Services. In respect of the Material specifically created for the Buyer as part of the Services, the Service Provider assigns the full title guarantee to the Buyer and any all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. If any third party intellectual property rights are used in the Material the Service Provider shall ensure that it has secured all necessary consents and approvals to use such third party intellectual property rights for the Service Provider and the Buyer.
For the purposes of this Clause 1.1 "Material" shall mean the materials, in whatever form, used by the Service Provider to provide the Services and the products, systems, programs or processes, in whatever form, produced by the Service Provider pursuant to this Agreement.
The Service Provider represents and warrants that: It will perform the Services with reasonable care and skill; and The Services and the materials provided by the Service Provider to the Buyer under this Agreement will not infringe or violate any intellectual property rights or other right of any third party.
1.3Limitation of liability
1. Subject to the Buyer’s obligation to pay the Price to the Service Provider, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with this Agreement or the performance or observance of its obligations under this Agreement and every applicable part of it shall be limited in aggregate to the Price.
2. To the extent it is lawful to exclude the following heads of loss and subject to the Buyer’s obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever.
3. Nothing in this Clause 1.3 will serve to limit or exclude either Party’s liability for death or personal injury arising from its own negligence.
1.4 Terms and Termination
1. This Agreement shall be effective on the date hereof and shall continue, unless terminated sooner in accordance with Clause
1. 1.4(b), until the Completion Date.
1. i. the other is in breach of any material obligation contained in this Agreement, which is not remedied (if the same is capable of being remedied) within 30 days of written notice from the other Party so to do; or
2. ii. a voluntary arrangement is approved, a bankruptcy or an administration order is made or a receiver or administrative receiver is appointed over any of the other Party's assets or an undertaking or a resolution or petition to wind up the other Party is passed or presented (other than for the purposes of amalgamation or reconstruction) or any analogous procedure in the country of incorporation of either party or if any circumstances arise which entitle the Court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in respect of the other Party.
3. b. Either Party may terminate this Agreement upon notice in writing if:
1. Any termination of this Agreement (howsoever occasioned) shall not affect any accrued rights or liabilities of either Party nor shall it affect the coming into force or the continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
2. Closing of business should be notified to the Buyer within a period of 30 days before the date of cease of business;
1.5 Relationship of the Parties
The Parties acknowledge and agree that the Services performed by the Service Provider, its employees, agents or subcontractors shall be as an independent contractor and that nothing in this Agreement shall be deemed to constitute a partnership, joint venture, agency relationship or otherwise between the parties.
Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to this Agreement and which is of a confidential nature. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.
Any notice which may be given by a Party under this Agreement shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission or electronic mail to the address of the other Party as specified in this Agreement or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:
a. first class post, 2 days from the date of posting;
b. hand or by facsimile transmission, on the date of such delivery or transmission; and
c. electronic mail, when the Party sending such communication receives confirmation of such delivery by electronic mail.
1. If any item is out of stock, kindly change it in the partner application, or contact our support number +91 8653263797. Once any order is placed by any customer and there is an unavailability of the item/items, 2FAAST won’t be issuing any refund to the participating restaurant/cloud kitchen/partner.
2. If there is a wrong item delivery, we will not be able to return the food to the participating restaurant/cloud kitchen/partner, and the charges will be deducted as per the agreement. And the customer will be getting the full refund of the particular item/items.
3. If the restaurant forgets to deliver any item and calls our delivery champ to redeliver the item, the partner has to bear the delivery charges for the same order.
a. The failure of either party to enforce its rights under this Agreement at any time for any period shall not be construed as a waiver of such rights.
b. If any part, term or provision of this Agreement is held to be illegal or unenforceable neither the validity nor enforceability of the remainder of this Agreement shall be affected.
c. Neither Party shall assign or transfer all or any part of its rights under this Agreement without the consent of the other Party.
d. This Agreement may not be amended for any other reason without the prior written agreement of both Parties.
e. This Agreement constitutes the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about this Agreement was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
f. Neither Party shall be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of god, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate this Agreement by notice in writing to the other.
g. This Clause 1.8(g) and Clauses 1.3, 1.4, 1.5, 1.6, 1.7, 1.8 and 1.9 of this Agreement shall survive any termination or expiration.
h. This Agreement shall be governed by the laws of the jurisdiction in which the Buyer is located (or if the Buyer is based in more than one country, the country in which its headquarters are located) (the "Territory") and the parties agree to submit disputes arising out of or in connection with this Agreement to the non-exclusive of the courts in the Territory.
i. The Service Provider shall not have any direct dealing and it must be through the App with regular customers and the riders whereby 2FAAST can hold you responsible for your misconduct.
j. The Service Provider shall not engage any other App equivalent with 2FAAST which will contradict our services.