Terms & Conditions of Service
This document is an electronic record under the Information Technology Act, 2000. By accessing or using the Grubzly Platform ("Platform"), you signify your unconditional acceptance of these Terms of Service ("Agreement") and our Privacy Policy. This Agreement is a legally binding contract between you ("User") and Grubzly.
IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THIS PLATFORM AND MUST DISCONTINUE USE IMMEDIATELY.
ARTICLE I: THE PLATFORM & SCOPE OF SERVICE
1.1. Intermediary Role. YOU ACKNOWLEDGE THAT GRUBZLY IS A TECHNOLOGY PLATFORM ACTING SOLELY AS AN INTERMEDIARY. THE CONTRACT FOR THE SALE OF FOOD IS A STRICTLY BIPARTITE CONTRACT BETWEEN YOU AND THE VENDOR. GRUBZLY IS NOT A PARTY TO THIS CONTRACT AND ASSUMES NO LIABILITY ARISING FROM IT. WE DO NOT PREPARE, HANDLE, OR GUARANTEE ANY PRODUCTS.
1.2. Right to Modify. We reserve the right, at our sole discretion, to change, modify, or remove portions of this Agreement at any time without prior written notice to you. It is your responsibility to review this Agreement periodically for updates. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions.
1.3. Right to Refuse Service. We reserve the right to refuse service or terminate any user account at our sole discretion, without notice or liability, for any reason whatsoever, including but not limited to a breach of this Agreement.
ARTICLE II: USER OBLIGATIONS & PROHIBITED CONDUCT
2.1. Lawful Use. You agree to use the Platform in compliance with all applicable laws. You shall not host, display, upload, modify, or share any information that is unlawful or prohibited by the IT Rules, 2021.
2.2. Prohibited Conduct. You shall not: (a) impersonate any person or entity; (b) use automated means ("bots," "scrapers") to access or collect data from the Platform; (c) disrupt or interfere with the security or performance of the Platform; (d) attempt to gain unauthorized access; (e) use the Platform for any commercial solicitation; (f) engage in any fraudulent activity.
ARTICLE III: ORDERS, PAYMENTS, & CANCELLATIONS
3.1. Orders as Offers. An order placed by you is an offer to purchase. A contract is formed only upon acceptance by the Vendor. All orders are subject to availability and Vendor acceptance.
3.2. Pricing. Prices are determined by Vendors and are subject to change without notice. You are responsible for all charges associated with your order, which will be displayed before payment.
3.3. Cancellations. Orders may be cancelled for a full refund only *before* they are accepted by the Vendor. ONCE AN ORDER IS ACCEPTED, IT IS FINAL AND NON-REFUNDABLE. Any exceptions are at the sole discretion of Grubzly.
ARTICLE IV: INTELLECTUAL PROPERTY
4.1. Grubzly's IP. The Platform, its logo, design, and all content created by Grubzly are our exclusive intellectual property, protected by copyright and trademark laws. You are granted only a limited, revocable license to access the Platform.
4.2. User Content License. By submitting any review, rating, or feedback ("User Content"), you grant Grubzly a perpetual, irrevocable, worldwide, royalty-free, sub-licensable license to use, reproduce, modify, commercialize, and distribute your User Content for any purpose whatsoever, without any compensation or attribution to you. We reserve the right, at our sole discretion, to remove any User Content at any time without notice.
ARTICLE V: DISCLAIMER OF ALL WARRANTIES
THE PLATFORM AND ALL SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" BASIS. GRUBZLY AND ITS OPERATORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
WE DO NOT VERIFY AND MAKE NO WARRANTY REGARDING THE ACCURACY OF ANY INFORMATION PROVIDED BY VENDORS, INCLUDING MENUS, PRICING, INGREDIENTS, OR ALLERGEN WARNINGS. ANY RELIANCE ON SUCH INFORMATION IS AT YOUR OWN RISK. ALL DISPUTES REGARDING FOOD QUALITY OR SAFETY ARE EXCLUSIVELY BETWEEN YOU AND THE VENDOR.
ARTICLE VI: LIMITATION OF LIABILITY
IN NO EVENT SHALL GRUBZLY OR ITS OPERATORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS, PERSONAL INJURY, OR EMOTIONAL DISTRESS.
OUR TOTAL, CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM YOUR USE OF THE PLATFORM SHALL NOT, UNDER ANY CIRCUMSTANCES, EXCEED THE LESSER OF (A) THE TOTAL COMMISSION EARNED BY GRUBZLY ON THE SPECIFIC TRANSACTION GIVING RISE TO THE CLAIM, OR (B) FIVE HUNDRED INDIAN RUPEES (INR 500.00).
ARTICLE VII: INDEMNIFICATION
You agree to defend, indemnify, and hold harmless Grubzly, its affiliates, and their respective officers and directors from any and all claims, losses, liabilities, expenses, and damages (including attorneys' fees) arising out of or in connection with your use of the Platform, your violation of this Agreement, or your violation of any law or the rights of a third party.
ARTICLE VIII: GOVERNING LAW & DISPUTE RESOLUTION
8.1. Mandatory Pre-Arbitration. As a condition precedent to filing any claim, you agree to first attempt to resolve the dispute by contacting our Grievance Officer. You may not commence any arbitration or legal proceeding without certifying that this step has been completed.
8.2. Arbitration. This Agreement is governed by the laws of India. Any dispute shall be resolved exclusively by final and binding arbitration in Hyderabad, Telangana. The courts in Hyderabad shall have exclusive jurisdiction over any related proceedings.
8.3. CLASS ACTION WAIVER. YOU AGREE TO BRING ANY CLAIM IN YOUR INDIVIDUAL CAPACITY ONLY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.