Terms and conditions

Effective Date: 18-Sep-23

Welcome to ENJOYFRESH (the "App"). ENJOY FRESH SOFTWARE SOLUTIONS PVT LTD (“EnjoyFresh”, “Company”, “we”, “us” and “our”) respects the privacy of its users accessing its App. For the purposes of these Terms of Service and wherever the context so requires “you”, “your”, “yourself” or “user” shall mean any natural or legal person who accesses or uses the App (including but not limited to customers, employees, service providers) and in the event that a natural person is representing a business entity, reference to such terms shall include a reference to the business entity.

Please carefully read and understand the following Terms and Conditions ("Terms") before utilizing our services. Your use of the App is subject to your acceptance of these Terms. If you do not agree with any part of these Terms, we regret to inform you that you may not use the App.

1. USER REGISTRATION AND ACCOUNT SECURITY

When you register with our platform, it is essential to provide accurate and complete information during the registration process. By doing so, you ensure that your experience with our services is smooth, secure, and tailored to your needs. This clause outlines your responsibilities and obligations regarding your account, login credentials, and account security.
Accurate and Complete Information:
You are required to provide accurate, up-to-date, and complete information during the registration process. This includes, but is not limited to, your phone number, email address, and any other information requested during the account setup.
Confidentiality of Login Credentials:
You are solely responsible for maintaining the confidentiality of your login credentials. These credentials are crucial for accessing and using our platform. Do not share your login credentials with anyone, and do not allow anyone else to access your account. Your login credentials are personal, and any actions taken on your account are considered your responsibility.
Account Activity:
All activities that occur under your account, whether authorized by you or not, are your sole responsibility. This includes any actions taken using your login credentials. If you suspect that your account has been compromised or accessed without your authorization, it is your responsibility to take immediate action to secure your account. This may include changing your password and contacting our customer support for assistance.
Security Measures:
We employ security measures to protect your account and personal information. However, you should also take precautions to safeguard your account, such as regularly updating your password and using secure, unique passwords.

If you receive any unsolicited communications or suspect phishing attempts related to your account, please report them to our customer support immediately.
Notifications and Updates:
It is your responsibility to keep your contact information up-to-date so that we can reach you with important notifications regarding your account, security, or other pertinent matters.
Termination of Account:
In cases of violation of our terms and conditions or suspected fraudulent activity, we reserve the right to terminate or suspend your account. You will be notified of any such action, and you may have the opportunity to appeal.

2. LOCATION-BASED SERVICES

Purpose of Location Information
Our App is designed to enhance your experience by providing you with a list of Vendor/ Merchants within a 3-kilometer radius of the PINCODE you provide. This information is crucial for facilitating the efficient delivery of food orders from these Vendor/ Merchants to your location. It is important to note that your location information will be used exclusively for this purpose and to improve the functionality and efficiency of our App.
Consent for Location Information Collection
By using our App, you explicitly consent to the collection and processing of your location information. We may collect this information through various technologies, including but not limited to GPS, Wi-Fi, and cell tower information, to determine your approximate location. You have the option to grant or deny location access permissions on your device. However, please be aware that denying location access may limit or restrict the functionality of our App, specifically in providing Vendor/ Merchant recommendations and food delivery services.
Data Protection and Security
We are committed to safeguarding your location information. We employ robust security measures and encryption protocols to protect your data from unauthorized access, disclosure, alteration, or destruction. We have stringent data retention policies in place, ensuring that your location information is stored only for the duration necessary to provide our services.
Location Information Disclosure
We do not sell, rent, or trade your location information to third parties for marketing purposes. Your location information will only be shared with our trusted Vendor/ Merchants for the sole purpose of facilitating the delivery of your orders.

3. ORDERING AND DELIVERY:

ENJOYFRESH provides food ordering and delivery services by entering into contractual arrangements with Vendor/ Merchants (“Vendor/ Merchants”) and Stores for the purpose of listing their menu items or the Products for food ordering and delivery by the Users on the ENJOYFRESH Platform.
The Users can access the menu items or Products listed on the ENJOYFRESH Platform and place orders against the Vendor/ Merchant(s)/Store(s) through ENJOYFRESH. Menu items or Products with its information are displayed on the Website/App to invite offers from the user. When you make an order, you are making an offer to purchase, and such offer is subject to acceptance by the Vendor/ Merchant.
Your request to order food and beverages or Products from a Vendor/ Merchant or a Store page on the ENJOYFRESH Platform shall constitute an unconditional and irrevocable authorization issued in favour of ENJOYFRESH to place orders for food and beverages or Products against the Vendor/ Merchant(s)/Store(s) on your behalf.
You also have the convenience of scheduling delivery for a specific time, enabling you to place orders in advance for a later date and time.
Delivery of an order placed by you through the ENJOYFRESH Platform may occur through one of three methods:
- Self-Pick-Up:
  You have the option to personally pick up your order from the Vendor/Merchant or the Store against whom you have placed an order. ENJOYFRESH facilitates this process by connecting you with the relevant parties.
- Vendor/Merchant Self-Delivery:
  Alternatively, the Vendor/Merchant or the Store may choose to handle the delivery themselves, ensuring a direct transaction between you and them. ENJOYFRESH continues to act as an intermediary in this scenario, connecting you with the Vendor/Merchant or Store for the delivery process.
- Third-Party Delivery:
  ENJOYFRESH may also facilitate the delivery of your order through third-party Delivery Partners who are available to provide delivery services to you (“Delivery partners”). In such cases, ENJOYFRESH remains an intermediary, connecting you with these Delivery Partners or the Vendor/Merchant or Store, as applicable.
In all of these scenarios, ENJOYFRESH acts solely as an intermediary between you and the relevant parties involved in the delivery process.
It is clarified that ENJOYFRESH does not provide any delivery or logistics services and only enables the delivery of food and beverages or Products ordered by the Users through the ENJOYFRESH Platform by connecting the users with the Delivery Partners or the Vendor/ Merchants or the Store, as the case may be.
Where ENJOYFRESH is facilitating delivery of an order placed by you, ENJOYFRESH shall not be liable for any acts or omissions on part of the Delivery Partner including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.
You may be charged a delivery fee for delivery of your order by the Delivery Partner or the Vendor/ Merchant or the Store, as the Delivery Partner or the Vendor/ Merchant or the Store may determine (“Delivery Charges"). You agree that ENJOYFRESH is authorized to collect the Delivery Charges for the delivery service provided by the Vendor/ Merchant or the Store or the Delivery Partner on behalf of the Vendor/ Merchant or the Delivery Partner or the Store, as the case may be. The Delivery Charges may vary from order to order, which may be determined on multiple factors which shall include but not be limited to Vendor/ Merchant / Store, order value, distance, time of the day. ENJOYFRESH will inform you of the Delivery Charges that may apply to you, provided you will be responsible for Delivery Charges incurred for your order regardless of your awareness of such Delivery Charges.
In respect of the order placed by You, ENJOYFRESH shall issue documents like order summary, tax invoices, etc. as per the applicable legal regulations and common business practices.
All prices listed on the ENJOYFRESH Platform are provided by the Vendor/ Merchant, including packaging or handling charges, if any, at the time of publication on the ENJOYFRESH Platform and the same are displayed by ENJOYFRESH as received from the Vendor/ Merchant. While we take great care to keep them up to date, the final price charged to you by the Vendor/ Merchant, including the packaging and handling charges may change at the time of delivery. In the event of a conflict between price on the ENJOYFRESH Platform and price charged by the Vendor/ Merchant, the price charged by the Vendor/ Merchant shall be deemed to be the correct price except Delivery Charge of ENJOYFRESH.
While placing an order you shall be required to provide certain details, including without limitation, contact number and 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 ENJOYFRESH's terms and privacy policies.
Single Vendor/ Merchant Order Policy
Our App is designed to allow users to place food orders from our Vendor/ Merchants. To streamline the order processing and delivery process, we implement a "Single Vendor/ Merchant Order" policy, which means that users can select items from one Vendor/ Merchant at a time only. You cannot place an order that includes items from multiple Vendor/ Merchants in a single order transaction.
If you wish to order items from different Vendor/ Merchants, you are welcome to place separate orders for each Vendor/ Merchant. Each order will be processed independently, and delivery times may vary based on the individual Vendor/ Merchant's preparation and delivery schedules.

4. PAYMENT

No cash on delivery ("COD") payments shall be accepted for any products, goods, or services provided under this Agreement. The User, in their entirety, shall be responsible for effecting payment through alternative payment methods as outlined in this Agreement.
Accepted Payment Methods:
PAYTM: You can easily complete your payment using the PAYTM mobile wallet. Simply select this option during checkout, and you will be redirected to the PAYTM platform to securely complete your transaction. Compatible Payment Cards: We accept a wide range of compatible payment cards, including credit cards and debit cards, for your convenience. You can use these cards to make payments securely on our platform. Please ensure that your card is compatible with our payment gateway.
Promo Codes: To enhance your shopping experience and benefit from discounts, you have the option to apply promo codes during the checkout process. These promo codes can be obtained through various promotions, campaigns, or special offers. Simply enter the valid promo code in the designated field before making your payment, and the applicable discount will be applied to your order total.
Total Amount Displayed in Cart: The total amount displayed in your cart includes not only the cost of the items you are purchasing but also platform fees, taxes, packing charges and delivery charges. The platform fees are essential for maintaining and providing you with a seamless shopping experience on our platform. They cover expenses related to transaction processing, customer support, and overall platform maintenance.
The total price for food ordered, including the Delivery Charges and other charges, will be displayed on the ENJOYFRESH Platform when you place your order, which may be rounded up to the nearest amount. Users shall make full payment towards such food or Products ordered via the ENJOYFRESH Platform.
You agree to pay the price applicable and displayed for the food or products on the App at the time you submitted your order, the delivery fees for the delivery service you selected, if any, or any applicable taxes. You will be solely responsible for payment of all taxes, fees, duties, and other governmental charges, and any related penalties and interest, arising from the purchase of the products and services.
By proceeding with your purchase, you acknowledge and agree to these payment terms and conditions. If you have any questions or concerns about our payment options, promo codes, or platform fees, please feel free to reach out to our customer support team for assistance.

5. ORDER ACCEPTANCE AND REFUSAL

Upon your order placement, it is transmitted to the respective Vendor/ Merchant for acceptance or rejection. In the event of Vendor/ Merchant acceptance, the order will be delivered as per the specified time. In case the Vendor/ Merchant rejects the order, the amount deducted will be refunded.

6. SELF PICKUP OF THE ORDERED FOOD

The User acknowledges and agrees that they have the option to select "self- pickup" when placing an order through our platform.
Pickup Location: When choosing the self-pickup option, the User will be required to select a designated pickup location as specified on our platform or provided by our staff.
Order Confirmation: Upon successful placement of the order, the User will receive an order confirmation containing details of the pickup location, date, and time.
Timely Pickup: The User agrees to arrive at the specified pickup location at the designated date and time as indicated in the order confirmation. It is the User's responsibility to ensure timely pickup.
Identification: The User may be required to present a valid order confirmation, identification, or any other necessary information to verify the order when picking up the food.
Responsibility for Orders: Once the food is made available for pickup at the designated location, the User assumes full responsibility for collecting the order in a timely and safe manner.
Late Pickup: In the event the User arrives late for pickup, we cannot guarantee the freshness and quality of the food, and no refunds or replacements will be provided.
No-Show: Failure to arrive at the designated pickup location within a reasonable timeframe may result in the order being forfeited, and no refund will be issued.
Liability: We shall not be liable for any loss, damage, or inconvenience incurred by the User due to their failure to pick up the order as specified or any circumstances beyond our control.
By selecting the "self-pickup" option, the User acknowledges and agrees to abide by the terms and conditions outlined in this clause.

7. PROHIBITED ACTIVITIES

You consent not to engage in any activities that could potentially harm the App, Vendor/ Merchants, or other users. Prohibited activities include but are not limited to fraudulent activities, harassment, and the utilization of automated scripts.

8. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights related to the App's content, trademarks, and any user-generated content are the exclusive property of ENJOYFRESH.

9. USER CONDUCT

You are expected to respect the dignity and diversity of Delivery Partners and accordingly you agree to not discriminate against any Delivery Partner on the basis of on race, community, religion, disability, gender, sexual orientation, gender identity, age or any other. You are also expected to enable provision of a secure and fearless gig/ platform work environment for the delivery partners including prevention and deterrence of harassment (including sexual harassment) towards Delivery Partners.

10. NO ENDORSEMENT

We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other Members.

By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other members or other third parties will be limited to a claim against the particular members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.

11. INTELLECTUAL PROPERTY RIGHTS

All the intellectual property used on the Website/App except those which have been identified as the intellectual properties of the Other Parties shall remain the exclusive property of the Company. The content on the Website/App or otherwise may not be modified, copied, reproduced, distributed, republished, downloaded, displayed, sold, compiled, posted or transmitted in any form or by any means.

12. TERMINATION

You may use the Website/App and Service until EnjoyFresh operates and keep the operations active and EnjoyFresh at its own discretion at any time suspend, terminate the Services and Website/App, without any liability or reason. Subject to the foregoing, you hereby agree that you waive all rights, interests or claims against EnjoyFresh for such termination, suspension of Services or the Website/App.

13. LIMITATION OF LIABILITY

You agree that EnjoyFresh shall not be held liable or responsible for any Services or products sold or published on the Website/App and for the provision or failure of the Merchant or Third Party Service Provider to provide the Services as per the descriptions and credentials mentioned on the webpage.

NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY AND TO THE MAXIMUM EXTENT PERMISSIBLE UNDER THE APPLICABLE, THE ENTIRE LIABILITY OF ENJOYFRESH FOR ANY DIRECT OR INDIRECT LOSSES, DAMAGES, CLAIMS, DAMAGES, DEMANDS, COSTS, EXPENSES OF WHATSOEVER INCLUDING FOR LEGAL OR ATTORNEY COSTS AND EXPENSES (“LOSSES”) WHICH MAY ARISE OR RESULT IN CONNECTION TO THESE TERMS OF USE SHALL IN AGGREGATE BE LIMITED TO NO GREATER THE AMOUNT OF PRODUCT OR SERVICES OR RS. 1000/- WHICHEVER IS HIGHER. PROVIDED HOWEVER, NOTHING HEREIN SHALL BE DEEMED TO MAKE THE ENJOYFRESH LIABLE FOR ACTIONS ATTRIBUTABLE TO MERCHANT, YOU OR ANY THIRD PARTIES. PROVIDED FURTHER THAT, NOTHING HEREIN SHALL BE DEEMED TO MAKE ENJOYFRESH LIABLE OR RESPONSIBLE FOR LOSSES WHICH ARE EXPLICITLY DISCLAIMED UNDER THESE TERMS OF USE.

14. THIRD-PARTY LINKS

EnjoyFresh may provide links to Third-Party websites or external websites/internal servers or resources including advertisements by others. EnjoyFresh has no control over such sites and the information provided in them. EnjoyFresh does not recommend and does not endorse the content on /of any Third-Party websites including that of advertisers. EnjoyFresh is not responsible or liable for the content of these external sites nor does it endorse, warrant or guarantee the accuracy, genuineness, reliability offered or advertised on the products, services or information provided by such Third- Party websites.

15. FORCE MAJEURE

EnjoyFresh shall not be held responsible for any cessation, interruption, or delay in the performance of its obligations hereunder due to events such as earthquakes, floods, fires, storms, natural disasters, acts of God, wars, terrorism, armed conflicts, labour strikes, lockouts, or boycotts. EnjoyFresh reserves the right, at any time, in its sole discretion, and without prior notice to you, to cease the operation of the Website/App and the provision of the Services.

16. GOVERNING LAW AND DISPUTE RESOLUTION

These Terms of Use and any contractual obligation between the Parties will be governed by the laws of India, without reference to the conflict of laws principles. Any legal action or proceeding related to Other Party(s) access to, or use of, the Website/App or these Terms of Use shall be subject to the exclusive jurisdiction of the courts at Hyderabad. All disputes will be subject to arbitration at Hyderabad in English by a sole arbitrator appointed by EnjoyFresh under the Arbitration and Conciliation Act, 1996.
This Agreement shall be governed by and construed in accordance with the laws of India, without regard to its conflicts of law principles. The competent Courts in Hyderabad alone shall have jurisdiction to try and decide any claim, dispute or difference arising out of or in relation to this agreement.
In the event that any dispute, difference, claim or controversies (hereinafter jointly referred to as “Dispute”) arises between the Parties in connection with this Agreement, the construction of any provision of this Agreement and/or the rights, duties or liabilities of the Parties hereto under this Agreement, the Parties shall go for a mediation to solve such Dispute by a mediator mutually selected by the Parties.
If mutual resolution cannot be reached within thirty (30) days after the commencement of such mediation then both parties agree to refer such Dispute to arbitration under the Indian Arbitration and Conciliation Act, 1996, as amended from time to time. The proceeding shall be conducted by a sole arbitrator who shall be appointed by mutual consensus of both parties.
The venue of arbitration shall be Hyderabad, India. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the Parties.

17. SURVIVAL

Even after termination, obligations of a continuous nature, such as, but not limited to, mentioned under Liability, Indemnity, Intellectual Property, Dispute Resolution will continue and survive termination.

18. SEVERABILITY

If any provision of these Terms of Use is deemed invalid, unlawful, void or for any other reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions.

19. WAIVER

No provision of these Terms of Use shall be deemed to be waived and no breach excused, unless such waiver or consent shall be in writing and signed by EnjoyFresh. Any consent by EnjoyFresh to, or a waiver by EnjoyFresh of any breach by Other Parties, whether expressed or implied, shall not constitute consent to, waiver of, or excuse for any other different or subsequent breach.

20. FEEDBACK AND SUGGESTIONS

Users are welcome to provide feedback, suggestions, or ideas to the platform, which may be utilized at our discretion.

21. GENERAL TERMS AND CONDITIONS

ENJOYFRESH is not a manufacturer, seller or distributor of food and beverages or Products and merely places an order against the Vendor/ Merchant(s)/Store(s) on behalf of the Users pursuant to the unconditional and irrevocable authority granted by the Users to ENJOYFRESH, and facilitates the sale and purchase of food and beverages or Products between Users and Vendor/ Merchants/Store(s).
ENJOYFRESH shall not be liable for any acts or omissions on part of the Vendor/ Merchant/Store(s) including deficiency in service, wrong delivery of order / order mismatch, quality, incorrect pricing, deficient quantity, time taken to prepare or deliver the order, etc.
The Vendor/ Merchant(s)/Store(s) shall be solely responsible for any warranty/guarantee of the food and beverages or Products sold to the User and in no event it shall be the responsibility of ENJOYFRESH.
The liability of any violation of the applicable rules and regulations made thereunder shall solely rest with the sellers/brand owners, Vendor/ Merchants, Vendor/ Merchant(s)/Store(s), importers or manufacturers of the food products, Products or any Pre Packed Goods accordingly.
Please note that some of the food and beverages or Products may be suitable for certain ages only. You should check the item you are ordering and read its description prior to placing your order. ENJOYFRESH 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.
You or any person instructed by you shall not resell food and beverages or Products purchased via the ENJOYFRESH Platform.
Delivery periods/Takeaway time quoted at the time of ordering are approximate only and may vary.

22. CONTACT INFORMATION

For inquiries or concerns regarding these Terms and Conditions, please contact us at info@enjoyfresh.com.

By utilizing our App, you acknowledge that you have perused, comprehended, and consented to these Terms and Conditions. It is essential to note that these Terms and Conditions may be subject to updates at our discretion. It is your obligation to periodically review them for any modifications. Your continued use of the App following any changes constitutes your acceptance of the revised Terms and Conditions.

Terms Of Use