In the following document, wherever the under mentioned terms appear, they shall carry the meaning as assigned hereunder:
b. "you", "your" and "yours" are references to you the person accessing this Application and ordering any Goods or Services from the Application.
c. "we", "us", "our", and "Hotpots" are references to the Company;
d. User" or "You" or "Your" refers to you, as a user of the Services. A user 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 business page’ to manage claimed business listings or otherwise.
e. Goods" is a reference to any goods which we may offer for sale from our Application from time to time;
f. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Application;
g. "Participating Restaurant" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
h. "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
i. “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.
j. "Your content" or "User 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, profile information, and any other materials that you publicly display or displayed in your account profile.
k. "Restaurant" means the restaurants listed on “Hotpots”.
III. Eligibility to Contract:
By using the Application you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to maintain the accuracy of such information.
You will not submit, post, upload, distribute, or otherwise make available or transmit any content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene, pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them.
You will not use the Application in any way that is unlawful or harms us or any other person or entity, as determined in our sole discretion.
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.
It is the sole responsibility of participating restaurant ("Restaurant") to honor your order and deliver it to you. Hotpots is only a conduit between you and the Restaurant. Hotpots shall not be liable for any acts or omissions on part of the Restaurant including deficiency in service, wrong delivery of an order, quality of food, time taken to deliver an order, etc.
IV. Compiling your Order:
Once you have selected the Products you wish to order from the menu of your chosen Restaurant and provided the other required information, you will be given the opportunity to submit your Order by clicking or selecting the "proceed", "place my order" or similar button. It is important that you check all the information that you enter and correct any errors before clicking or selecting this button; once you do so we will start processing your Order and errors cannot be corrected.
V. Amending or canceling your Order:
Once you have submitted your Order and your payment has been authorized, you will not be entitled to change or cancel your Order, nor will you be entitled to a refund. If you wish to change or cancel your Order, you may contact our Customer Care team at 9776406027 and they will attempt to contact the Restaurant in order to communicate your requests. However, there is no guarantee that we will be able to reach the Restaurant or that the Restaurant will agree to your requests as they may have already started processing your Order.
VI. Payment authorization:
Where any payment you make is not authorized, your Order will not be processed or communicated to the relevant Restaurant.
VII. Processing your Order and Restaurant rejections:
On receipt of your Order, we will begin processing it by sending it to the relevant Restaurant and will notify you by email that your Order has been received and is being processed. Please note that any confirmation page that you may see on the application and any Order confirmation e-mail that you may receive each merely indicate that your Order has been received and is being processed by us, and does not necessarily mean that your Order has been accepted by the Restaurant. We encourage all our Restaurants to accept all Orders and to communicate any rejection promptly, and we will notify you (generally by email) as soon as reasonably practicable if a Restaurant rejects your Order.
VIII. Delivery of your Order:
Delivery 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. You may not be able to avail our Services if your delivery location is outside our current scope of Service. We will keep you informed of the same at the time of confirming your order booking.
You order will be only delivered to the address designated by you at the time of placing the order on the Platform. We reserve the right to cancel the order, in our sole discretion, in the event of any change to the place of delivery and you shall not be entitled to any refund for the same. Delivery in the event of a change of the delivery location shall be at our sole discretion.
You understand that our liability ends once your order has been delivered to you.
Estimated times for deliveries and collections are provided by the Restaurants and are only estimates. Neither we nor the Restaurants guarantee that Orders will be delivered or will be available for collection within the estimated times.
IX. Price and payment:
All prices listed on the Application are correct at the time of publication and have been input as received by the participating restaurant; while we give great care to keep them up to date, the final price charged to you by the restaurant can change at the time of delivery based on the latest menu and prices of the restaurant. We also reserve the right to alter the Goods or Services available for sale on the Application and to stop listing restaurants, Goods or Services.
Prices will be as quoted on the application. These prices may exclude service charges, taxes, and delivery costs, which will be added to the total amount due, where applicable.
The application contains a large number of menus and it is always possible that some of the menu items may be incorrectly priced. If the correct price for an order is higher than the price stated on the application, we will normally contact you before the order in question is dispatched. Hotpots is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
X. Payment methods: Payment for Orders must be made by an accepted credit or debit card through the Application or in cash to the Restaurant at the point of delivery to you.
XI. Card payments: If you pay by credit or debit card, you may be required to show the card to the Restaurant at the time of delivery as proof of identification and so that they can check that the card conforms with the receipt data for the Order.
The prices reflected on the Platform are determined solely by the Merchant and are listed based on Merchant’s information.
“Hotpots” is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Restaurant. Hotpots holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising from the taxes shall reside with the Participating Restaurant.
You must notify the participating restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number. If the restaurant accepts your cancellation, no cancellation fee applies. If the restaurant refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be canceled. We will not be able to refund any order, which has been already dispatched.
We 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.
If the cancellation was made in time and once the restaurant has accepted your cancellation, the amount will be added to your hotpots wallet and can be availed at any time for future orders.
In the unlikely event that the Participating Restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Participating Restaurant can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. We are not responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Restaurant.
As a general rule, you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, Hotpots shall have a right to charge you cancellation fee of a minimum INR 60 up to the order value, with a right to either not to refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our restaurant and delivery partners. However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund in accordance with our refund policy.
We reserve the sole right to cancel your order in the following circumstances:
i. in the event of the designated address falls outside the delivery zone offered by us;
ii. failure to contact you by phone or email at the time of confirming the order booking;
iii. failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
iv. unavailability of all the items ordered by you at the time of booking the order;
You are permitted to print and download extracts from the website for your own personal use on the following basis:
a. Unless otherwise stated, the copyright and other intellectual property rights in the website and in material published on it (including without limitation photographs and graphical images) are owned by “Hotpots”. These works are protected by copyright laws and Intellectual Property Laws and all rights are reserved.
b. You must ensure that Hotpots status as the authors of the material on the website must always be acknowledged.
c. You are not allowed to use any of the materials on the application for commercial purposes without obtaining a license from Hotpots to do so.
v. Except as stated in paragraph 4(i), no part of the website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
vi. Any rights not expressly granted in these Website Terms are reserved.
XIV. Third Party Content
XV. EVENTS OUTSIDE OUR CONTROL
We will not be liable or responsible for any failure to perform or delay in performance of, any of our obligations under these Website Terms that is caused by events outside our reasonable control ("Force Majeure Event").
A Force Majeure Event includes any act, event, non-occurrence, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
i. strikes, lock-outs or other industrial action;
ii. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
iii. fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
iv. impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
v. impossibility of the use of public or private telecommunications networks; and
vi. the acts, decrees, legislation, regulations or restrictions of any government.
vii. Our performance under these Terms is deemed to be suspended for the period that any Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring any Force Majeure Event to a close or to find a solution by which our obligations under these Terms may be performed despite the Force Majeure Event.
While Hotpots tries to ensure that information on the application is correct, we do not promise it is accurate or complete. Hotpots may make changes at any time without notice. The material on the application may be out of date, and Hotpots makes no commitment to update that material. In particular, we do not promise that the information provided by the Delivery Restaurants and displayed on the application such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
You are responsible for the security of your password that you used to register with the application. Please note that, Hotpots makes great effort to provide accurate information, item names, descriptions, prices, heat & allergenic warnings on this application, the menus are ultimately provided by the restaurants. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with the restaurant directly prior to ordering.
You will indemnify and hold harmless Hotpots, its affiliates and network partners, and any of their respective officers, directors, employees and agents from and against any claims, costs, charges, damages, losses and expenses (including reasonable attorneys and consultants fees and expenses) with respect to any third party claim relating to or arising out of: (a) your use of any Licensed Content in a manner inconsistent with the terms of this Agreement; (b) your breach of this Agreement, (c) breach of any applicable laws, regulations, or ordinances. Hotpots will: (i) promptly notify you of such claim (provided, however, that a failure to provide such notice shall not limit your indemnification obligation hereunder except to the extent that you are materially prejudiced thereby).
Limitation of Liability: IN ADDITION TO YOUR LIABILITY FOR BREACH OF THE TERMS OF THIS AGREEMENT YOU SHALL BE LIABLE FOR BREACHES OF CONFIDENTIALITY, YOUR USE OF THE LICENSED CONTENT, IN A MANNER INCONSISTENT WITH THE TERMS OF THIS AGREEMENT. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOST DATA, LOST PROFITS, LOST REVENUE OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO CONTRACT OR TORT (INCLUDING PRODUCT LIABILITY, STRICT LIABILITY AND NEGLIGENCE), AND WHETHER OR NOT SUCH PARTY WAS OR SHOULD HAVE BEEN AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGE AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN. The Parties agree that the mutual agreements made in this Section reflect a reasonable allocation of risk. Any claim arising out of or relating to this Agreement must be brought by the later of one year following the occurrence of the event giving rise to such claim or one year following discovery of such claim.
This Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
Pixeris Consulting Pvt. Ltd welcomes your questions or comments regarding the Terms:
19, Subhadra Vihar,