Severity: 8192
Message: Creation of dynamic property CI_URI::$config is deprecated
Filename: core/URI.php
Line Number: 101
Severity: 8192
Message: Creation of dynamic property CI_Router::$uri is deprecated
Filename: core/Router.php
Line Number: 127
Severity: 8192
Message: Creation of dynamic property Home::$benchmark is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$hooks is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$config is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$log is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$utf8 is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$uri is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$exceptions is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$router is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$output is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$security is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$input is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$lang is deprecated
Filename: core/Controller.php
Line Number: 75
Severity: 8192
Message: Creation of dynamic property Home::$load is deprecated
Filename: core/Controller.php
Line Number: 78
Severity: 8192
Message: Creation of dynamic property Home::$db is deprecated
Filename: core/Loader.php
Line Number: 390
Severity: 8192
Message: Creation of dynamic property CI_DB_mysqli_driver::$autoinit is deprecated
Filename: database/DB_driver.php
Line Number: 371
Severity: 8192
Message: Return type of CI_Session_files_driver::open($save_path, $name) should either be compatible with SessionHandlerInterface::open(string $path, string $name): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Filename: drivers/Session_files_driver.php
Line Number: 132
Severity: 8192
Message: Return type of CI_Session_files_driver::close() should either be compatible with SessionHandlerInterface::close(): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Filename: drivers/Session_files_driver.php
Line Number: 290
Severity: 8192
Message: Return type of CI_Session_files_driver::read($session_id) should either be compatible with SessionHandlerInterface::read(string $id): string|false, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Filename: drivers/Session_files_driver.php
Line Number: 164
Severity: 8192
Message: Return type of CI_Session_files_driver::write($session_id, $session_data) should either be compatible with SessionHandlerInterface::write(string $id, string $data): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Filename: drivers/Session_files_driver.php
Line Number: 233
Severity: 8192
Message: Return type of CI_Session_files_driver::destroy($session_id) should either be compatible with SessionHandlerInterface::destroy(string $id): bool, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Filename: drivers/Session_files_driver.php
Line Number: 313
Severity: 8192
Message: Return type of CI_Session_files_driver::gc($maxlifetime) should either be compatible with SessionHandlerInterface::gc(int $max_lifetime): int|false, or the #[\ReturnTypeWillChange] attribute should be used to temporarily suppress the notice
Filename: drivers/Session_files_driver.php
Line Number: 354
Severity: Warning
Message: ini_set(): Session ini settings cannot be changed after headers have already been sent
Filename: Session/Session.php
Line Number: 284
Severity: Warning
Message: session_set_cookie_params(): Session cookie parameters cannot be changed after headers have already been sent
Filename: Session/Session.php
Line Number: 291
Severity: Warning
Message: ini_set(): Session ini settings cannot be changed after headers have already been sent
Filename: Session/Session.php
Line Number: 306
Severity: Warning
Message: ini_set(): Session ini settings cannot be changed after headers have already been sent
Filename: Session/Session.php
Line Number: 316
Severity: Warning
Message: ini_set(): Session ini settings cannot be changed after headers have already been sent
Filename: Session/Session.php
Line Number: 317
Severity: Warning
Message: ini_set(): Session ini settings cannot be changed after headers have already been sent
Filename: Session/Session.php
Line Number: 318
Severity: Warning
Message: ini_set(): Session ini settings cannot be changed after headers have already been sent
Filename: Session/Session.php
Line Number: 319
Severity: Warning
Message: ini_set(): Session ini settings cannot be changed after headers have already been sent
Filename: Session/Session.php
Line Number: 377
Severity: Warning
Message: session_set_save_handler(): Session save handler cannot be changed after headers have already been sent
Filename: Session/Session.php
Line Number: 110
Severity: Warning
Message: session_start(): Session cannot be started after headers have already been sent
Filename: Session/Session.php
Line Number: 143
Severity: 8192
Message: Creation of dynamic property Home::$session is deprecated
Filename: core/Loader.php
Line Number: 1279
Severity: 8192
Message: Creation of dynamic property Home::$xmlrpc is deprecated
Filename: core/Loader.php
Line Number: 1279
Severity: 8192
Message: Creation of dynamic property Home::$encryption is deprecated
Filename: core/Loader.php
Line Number: 1279
Severity: 8192
Message: Optional parameter $field declared before required parameter $table is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 14
Severity: 8192
Message: Optional parameter $field declared before required parameter $table is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 35
Severity: 8192
Message: Optional parameter $column declared before required parameter $groupby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 137
Severity: 8192
Message: Optional parameter $where declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 231
Severity: 8192
Message: Optional parameter $where declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 249
Severity: 8192
Message: Optional parameter $column declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 493
Severity: 8192
Message: Optional parameter $column declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 531
Severity: 8192
Message: Optional parameter $column declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 590
Severity: 8192
Message: Optional parameter $column declared before required parameter $where is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 612
Severity: 8192
Message: Optional parameter $column declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 633
Severity: 8192
Message: Optional parameter $column declared before required parameter $group_by is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 653
Severity: 8192
Message: Optional parameter $column declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 676
Severity: 8192
Message: Optional parameter $column declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 701
Severity: 8192
Message: Optional parameter $column declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 722
Severity: 8192
Message: Optional parameter $column declared before required parameter $limit is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 747
Severity: 8192
Message: Optional parameter $column declared before required parameter $offset is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 770
Severity: 8192
Message: Optional parameter $column declared before required parameter $orderby is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 835
Severity: 8192
Message: Optional parameter $column declared before required parameter $start is implicitly treated as a required parameter
Filename: models/Front.php
Line Number: 861
Severity: 8192
Message: Creation of dynamic property Home::$front is deprecated
Filename: core/Loader.php
Line Number: 353
Severity: 8192
Message: Creation of dynamic property Home::$admin_common_model is deprecated
Filename: core/Loader.php
Line Number: 353
Severity: 8192
Message: Creation of dynamic property Home::$form_validation is deprecated
Filename: core/Loader.php
Line Number: 1279
Severity: 8192
Message: Creation of dynamic property Home::$image_lib is deprecated
Filename: core/Loader.php
Line Number: 1279
Severity: 8192
Message: Creation of dynamic property Home::$email is deprecated
Filename: core/Loader.php
Line Number: 1279
Severity: 8192
Message: Creation of dynamic property Home::$pagination is deprecated
Filename: core/Loader.php
Line Number: 1279
Severity: 8192
Message: Creation of dynamic property CI_Loader::$benchmark is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$hooks is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$config is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$log is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$utf8 is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$uri is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$exceptions is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$router is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$output is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$security is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$input is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$lang is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$load is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$db is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$session is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$xmlrpc is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$encryption is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$front is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$admin_common_model is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$form_validation is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$image_lib is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$email is deprecated
Filename: core/Loader.php
Line Number: 925
Severity: 8192
Message: Creation of dynamic property CI_Loader::$pagination is deprecated
Filename: core/Loader.php
Line Number: 925
This document is an electronic record in terms of Information Technology Act, 2000 and rules made there under and as the same may be amended from time to time. Being a system generated electronic record; it does not require any physical or digital signature.
Greetings
from Hungrybird24!
By accessing the Hungrybird24 website
or the Hungrybird24 mobile application (hereinafter referred to as
the “App”)
from any computer, computer device, mobile, Smartphone or any
electronic device or from any other channel or medium, you
(hereinafter referred to as “you”
or “your”)
expressly agree to be bound by these Terms and Conditions
(hereinafter referred to as the “Terms”).
The App is owned by Hungrybird24, 36 Patrakar Colony, Patrakar
Square, Indore (M.P.) 452018. (Hereinafter referred to as “we”
or “Our”
or “us”).
If
you use the App, you are required to first carefully read as well as
fully understand these Terms which are applicable when you
view/access/use the App or avail any products/services there from.
Please also carefully read and fully understand Our Privacy Policy
available at https://www.Hungrybird24.com/policy (hereinafter
referred to as the “Privacy
Policy”)
as well as other App guidelines and policies (hereinafter referred to
as “Other
Policies”)
which are incorporated in these Terms by reference and are an
integral part of these Terms.
If, for any reason, you do
not agree to these Terms, Privacy Policy and/or Other Policies or do
not wish to be bound by any of them, please do not use the App in any
way whatsoever and if the App is already downloaded, please
delete/uninstall the App from your device forthwith. By
accessing/using the App, you have expressly indicated to us that you
have read, acknowledged and fully understood as well as fully agreed
to be bound by these Terms, Privacy Policy and Other Policies,
irrespective whether you register with the App or create an account
with us or not.
1. Acceptance of Terms, etc
1.1. These Terms are in the form of an electronic and legally binding contract that establishes the terms and conditions you have accepted before using the App or any part thereof. These include Our Privacy Policy and Other Policies as mentioned in these Terms, including but not limited to terms governing App features, billing and payment, reviews and ratings, promotions and discounts. By using the App, you hereby unconditionally consent and accept to these Terms, Privacy Policy and Other Policies. To withdraw such consent, you must immediately cease using the App and terminate your account with us. you are requested to keep a physical and updated copy of these Terms and all other referred policies herein for your records.
1.2.
you consent to have these Terms and all notices, correspondences and
communications provided to you in electronic form.
1.3.
Every time you use the App, you confirm your agreement with these
Terms, Privacy Policy and Other Policies.
2.1.
The minimum age to use the App is 18 (eighteen) years. By using the
App and in order to be competent to contract under applicable law,
you represent and warrant that you are at least 18 (eighteen) years
of age or have the required permission from your legal guardian to
use the App. we reserve the right to terminate your account upon
knowledge of you being a minor.
2.2. By using the App, you
hereby represent and warrant to us that you have all right, authority
and capacity to enter into these Terms and to abide by all of the
terms and conditions thereof.
3. App usage and Account
3.1.
Subject to your compliance with these Terms, you are granted a free,
non-exclusive, revocable, non-transferable, non-sublicense able and
limited right and license to download and use the App solely for your
personal and non-commercial purposes. However, charges shall be
applicable on the products and/or services availed by you from the
App. we reserve all rights in and to the App and its contents not
expressly granted to you under these Terms.
3.2. When you
use the App, we collect certain personal and non-personal information
from you. To know about the type of information we collect and how we
use it, please refer our Privacy Policy available at
https://www.Hungrybird24.com/policy
3.3. your App login
details must always be kept private and confidential and should not
be disclosed to or permitted to be used by anyone else and you are
solely responsible and liable for maintaining the utmost privacy and
confidentiality thereof and for any and all usage and activity on the
App that takes place under your account and login. you agree to
immediately notify us of any disclosure or unauthorized use of your
login or any other breach of security at info@Hungrybird24.com and
ensure that you logout from your App account at the end of each
session.
3.4. you are required to provide us with your
e-mail/ login/ password while placing any order through the App. By
agreeing to these Terms, you grant us the permission to send
electronic communications at the email provided by you as well as
make calls and send auto-dialled and/or pre-recorded messages/calls
from us on the mobile number provided by you as part of Our offering.
You also consent to receiving SMSs, newsletters and email and mobile
notifications from us at any time we deem fit. These
emails/calls/messages shall pertain to clarification about your order
placed on the App, complaint handling, and feedback and for marketing
and promotional purposes as well as promotional offers from our
partners. Should you no longer wish to receive such communications,
you may write to us at info@Hungrybird24.com. You acknowledge that
opting out of receiving any such communications may impact your use
of the products and services offered through the App.
3.5.
When you place an order for any food/beverage item through the App,
we may ask you to supply additional information relevant to such
order, including without limitation, your credit/debit card number,
its expiration date, internet banking details and the address for
billing and delivery. you represent and warrant that you have the
legal right to use all the foregoing payment method(s) to place
orders on the App. when you initiate any transaction on or through
the App, you authorize us to provide your payment details and
information to third parties so we can complete your order and to
charge your payment method for the type of transaction you have
selected. you may further be required to provide additional
information to verify your identity before completing your
transaction. We will take all reasonable care 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 any
third party procures unauthorized access to any data you provide when
accessing or ordering from the App.
3.6. You shall comply
with all applicable third party terms of service, if any and if
applicable, when using the App.
4. Your Obligations
4.1.
Except as expressly permitted in these Terms, you shall not: (i)
copy, modify, decompile, reverse engineer, disassemble or create any
derivative works based on the App; (ii) distribute, transfer,
sub-license, lease, lend or rent the App to any third party; or (iii)
make the functionality of the App available to multiple users through
any means.
4.2. you shall not cut, copy, distribute,
transfer, modify, create, disseminate, post, publish or create any
derivative works from any content, including images and any
information available on the App for any purpose whatsoever.
4.3.
You shall not access or make any attempt to access the App and/or any
content available on or through the App by any means other than
through the access interface provided by us.
4.4. you
shall not (i) use or incorporate into the App any deep-link, robot,
spider or other automatic or automated devices, tools, programs,
methodology or any similar or equivalent manual process, to access,
acquire, copy or monitor any portion of the App or any content
therein, or (ii) in any way reproduce or circumvent the navigational
structure or presentation of the App or its content, or (iii) obtain
or attempt to obtain any materials, documents or information through
any means not specifically made available through the App.
4.5.
In case the App permits you to post or upload any data/information
such as reviews, you undertake to ensure that such data/information
is not offensive and is in accordance with all applicable laws,
including The Information Technology Act, 2000 and Rules made there
under. Further, you undertake not to:
(i) publish, post,
disseminate any information which is grossly harmful, harassing,
blasphemous, defamatory, obscene, pornographic, paedophilic,
libellous, invasive of another's privacy, hateful, or racially,
ethnically objectionable, disparaging, or otherwise unlawful in any
manner whatever;
(ii) post any content that infringes the
copyright, patent or trademark or any other intellectual property
right of Ours or of any third party or person;
(iii) upload or
distribute files or content that contain viruses, or any other
similar software or programs that may damage the operation of the
App, whether partially or fully;
(iv) disrupt or interfere
with the security of, or otherwise cause harm to, the App, accounts,
passwords, servers or networks connected to or accessible through the
App or any affiliated or linked sites.
we have no
obligation, to monitor any content posted by you on the App. we shall
have the right to remove or edit any content posted by you that in
Our sole discretion violates, or is alleged to violate, any
applicable law or either the spirit of these Terms or is against the
larger interest of the App and/or its users.
Notwithstanding the
foregoing, you remain solely responsible and liable for any content
you post on the App. Please note that all of the food/beverage items
may not be suitable for your consumption for various purposes such as
spiciness, allergy etc. you shall first check that the food/beverage
item you intend to order is suitable for your consumption. We shall
not be held liable or responsible in any way if you order any
food/beverage item which is not suitable for your consumption.
4.7.
Food/beverage items ordered from the App are intended for your
use/consumption only and you warrant that the same is not for resale
or any other purposes.
4.8. You shall not use the App or
any of its content for any commercial purpose or the benefit of any
third party or in any manner not expressly permitted by these
Terms.
4.9. From time to time, Our App may have external
links connected to other third party websites. We do not, under any
circumstance, suggest, promote or endorse such external links or
third parties or any content, advertisement, products or other
materials made available there from. We will in no way whatsoever be
responsible or liable, directly or indirectly, for any damage or loss
caused, or alleged to be caused, by or in connection with the use of
or reliance on any such content, products or services available on or
through any such third party websites. Further, such third party
websites may have their own terms of use and other policies and hence
you are advised to use your own discretion while accessing such
external sites.
4.10. It is hereby expressly clarified
that any of the aforesaid acts undertaken by you shall be to your
sole liability, responsibility, risk and consequences and you hereby
agree to indemnify us for the same.
5. Our Offerings
5.1.
While we endeavour to have a pan India presence, our offerings
through the App are not currently available throughout India. In case
you download the App and place an order for any food/beverage item
offered through the App, we will notify you if we can service your
order at the address provided by you or not. If for any reason you
have paid any money for availing any such food/beverage item offered
through the App and if we are unable to service your said order, we
will refund your money in full.
5.2. Though we endeavour
to ensure any food/beverage item showcased on the App is always
available, please note that the same shall always be subject to its
availability, chef availability and Our delivery capacity and hence
such food/beverage item though showcased, may not always be
available. You hereby waive any objection to the same.
5.3.
We make a continuous and conscious effort to describe and display
every food/beverage item accurately on Our App. All Our products are
handcrafted and thoughtfully planned by excellent chefs. Please note
that because of the inherent nature of the Internet, the actual image
of any food/beverage item displayed on the App may not necessarily
match with the item supplied to you or taste exactly as it was
described and may differ from item to item. You hereby waive any
objection to the same and agree to accept such item ordered by you
through the App regardless of any such variations.
5.4.
Though we shall endeavour, however we cannot and do not guarantee the
accuracy or completeness of any description or depiction of any
food/beverage item. We reserve the right to change or update any such
description or depiction, to substitute specific ingredients and to
correct errors, inaccuracies or omissions at any time without giving
any prior notice to you.
5.5. When you place order for any
food/beverage item on the App, we will send you an automated
email/SMS to confirm that we have received the same and which shall
specify your order details, approximate delivery time and price. A
notification confirming the said order details will also be provided
through the App. you must inform our customer service centre or write
to us at info@Hungrybird24.com immediately if any such details are
incorrect or incomplete. The fact that you receive such automatic
confirmation from us does not necessarily mean that we will be able
to fill your order. Once we send such confirmation, we will check the
chef availability and delivery capacity pertaining to your said
food/beverage item. If the food/beverage item ordered by you is not
available or if there is no chef availability or delivery capacity,
we will also let you know of the same by email, SMS or phone
call.
5.6. If you have any complaint or dispute concerning
any food/beverage item ordered by you through the App, please call
our customer service centre or write to us at info@Hungrybird24.com
and we will try our best to remedy the problem in the manner we deem
appropriate in Our discretion.
6. Payment Options
6.1.
Payment can be made through any of the following modes: Debit card,
credit card, internet banking, and digital wallets like Paytm or cash
on delivery (COD).
6.2. If you use debit card, credit card
or internet banking payment option, you warrant that they are your
own and that you have sufficient funds to make the payment.
6.3.
To ensure that placing your order on the App is secure, your
debit/credit card/internet banking details will be encrypted to
prevent the possibility of any unauthorised person being able to read
them as they are sent over the internet. your bank or credit/debit
card issuing company may also conduct security checks to confirm it
is you placing the order.
6.4. COD is available for single
orders only up to Rs. 1000. Payment for any single order above Rs.
1000 must be made though any other available payment options.
6.5.
Full payment for the food/beverage item ordered must be made by you
before accepting delivery. Failure to pay before taking delivery will
result in cancellation of your order and we will not be liable in any
way whatsoever.
6.6. The total price for the food/beverage
item ordered, including delivery charges and other applicable taxes,
will be displayed on the App when you place your order. The copy of
the Invoice for your order will be sent along with your order. As
long as you use the App, you shall always keep your email address
updated with us at all times. The invoice amount will be inclusive of
all delivery charges and applicable taxes.
7. Delivery
7.1.
We cannot and do not guarantee that every food/beverage item ordered
by you through the App will arrive exactly within the timeframe,
estimated or otherwise, we provide you when you place your order. In
particular, in case of any adverse climatic/weather conditions or any
other event beyond our reasonable control that hamper or interfere
with Our ability to deliver the food/beverage item ordered by you
through the App, we will make all reasonable attempts to deliver the
same as soon as reasonably and practically possible. In the event
that timely delivery of your order is not feasible, we will intimate
you of the same and seek your confirmation whether you wish to accept
such delayed delivery or wish to cancel your order. In case you wish
to accept such delayed delivery then you hereby agree to accept your
order and pay for the same (if order is placed on COD basis) without
any demur and release us from any and all liability for any loss,
damage or inconvenience that you have encountered or likely to
encounter as a result of such late delivery. Alternatively, should
you wish to cancel your order then we will refund the purchase price
for your order or add the said balance amount in your Hungry Bird
account.
7.2. Delivery periods quoted at the time of ordering
are approximate only and may vary. We will make every effort to
deliver within the time stated, however, we will not be liable for
any loss caused to you if your order gets delivered to you after such
time.
7.3. Before accepting delivery of the food/beverage
item ordered by you through the App, you are responsible for
inspecting the said order delivered by the delivery personnel for any
spoilage, damage or other issues.
7.4. If you fail to
accept delivery of the food/beverage item ordered by you through the
App at the time of delivery, or if at all we are unable to deliver at
the nominated time due to your failure to provide appropriate
instructions or details to us, then such items shall be deemed to
have been delivered to you and all risk and responsibility in
relation thereto shall pass to you. Any storage and other costs,
including delivery charges and applicable taxes, which we incur as a
result of the inability to deliver as per the foregoing, shall be
your responsibility and you shall indemnify us in full for such
costs.
7.5. All risk in the food/beverage items shall pass
to you upon delivery.
8. Cancellation
8.1.
If you wish to cancel any of your food/beverage item order placed on
the App you may do so only if the following terms and conditions are
satisfied:
(i) Cancellation request shall be made by you
through chat feature only
(ii) Cancellation of order will
be accepted till 2 (two) hour before such order’s delivery time
indicated by us
(iii) Cancellation must be done for the
entire order and not for any part thereof
(iv) In case of
orders of cakes, once any cake order is placed and confirmed, the
same cannot be modified or cancelled
(v) we reserve the
right to cancel any order owing to operational issues
8.2.
There is no cancellation fee levied by us.
8.3. In an
unlikely scenario where we deliver a wrong food/beverage item, you
have the right to reject the delivery of the wrong item only and you
shall be fully refunded for the missing item as per Clause 8.4.
8.4.
Please
note that no amount is refunded in cash or transferred back to your
credit/ debit card/ bank account. If any order cancellation is
accepted by us and if you have prepaid any money for such cancelled
order, we will transfer such amount to your Hungrybird24 account as
Birdy Points within 2-3 working days from cancellation date.
9. Your Information
9.1.
For information about the collection and possible use of information
and content provided by you, please review Our Privacy Policy at the
link https://www.Hungrybird24.com/privacy
9.2.
Notwithstanding any other provisions of these Terms, we reserve the
right to disclose any information that you submit to us, if in Our
sole opinion, we reasonably believe that such disclosure is required
to be disclosed (i) for complying with applicable laws, requests or
orders from law enforcement agencies, appropriate authorities (such
as without limitation, court officials, expert professional
investigative agencies and the like) or for any legal process; (ii)
for enforcing these Terms; (iii) for protecting or defending Ours,
any App user’s or any third party's rights or property; (iv) for
supporting any fraud/ legal investigation/ verification checks. you
acknowledge and understand the provisions of this Clause 9.2 and
grant us an unconditional, perpetual right and permission to make
such disclosure.
9.3. By using the App, you hereby permit
us to use the information you provide us, including your experiences
to facilitate us to improve the App, its offerings and functionality
as well as for promotional purposes, including the permission to
share or publish your non-personal information in any of Our partner
websites.
9.4. Although we are not obligated to monitor
your App access or usage or to review or edit any information posted
by you, if permitted by us, we however have the right to do so at Our
sole discretion for the purpose of operating the App, to ensure
compliance with these Terms, if any of your information is found to
be objectionable to us or in violation of these Terms and to comply
with applicable law or other legal requirements.
10. Ratings, Review, Feedback
10.1.
We welcome feedback, comments, and suggestions for improvements to
the App and Our offerings. you grant to us a non-exclusive,
worldwide, perpetual, irrevocable, fully-paid, royalty-free, sub
licensable, and transferable license under any and all intellectual
property rights to use, copy, modify, create derivative works based
upon, and otherwise exploit your feedback for any purpose.
10.2.
In order to enable us serve high quality meals and give Our users an
enriching App experience to our offerings, we encourage all Our users
to provide their ratings on the food/beverage item ordered by them
through the App. Apart from ratings, we may also request you to
provide us with your valuable review and overall feedback as regards
your overall experience with the App so that we can improvise the App
and its features.
10.3. Soon after any food/beverage item
ordered by you through the App has been delivered to you, we shall
send you an email and/or a request through the App requesting you to
provide us with your overall rating for the food/beverage item
ordered by you. Such rating would be a scale of 1-5 (where 1 being
the lowest and 5 being the highest). Please note that all such
ratings for any food/beverage item denote the average user ratings
and not necessarily only your rating. we do not have any role to play
or interfere with any of Our user ratings. you hereby understand and
agree without any objection of any sort that if you give a lower
rating to any food/beverage item ordered by you, your said rating may
not necessarily be shown on the App and the said food/beverage item
may still show a higher rating than the rating provided by you. This
is because other users who have ordered for the same food/beverage
item may have given a higher rating to such food/beverage
item..
10.4. you hereby expressly agree and understand
that all reviews and feedback you post on the App or provide to us
pertaining to any food/beverage item will be used by us for internal
purposes and mainly for improvising on Our capabilities and offerings
and features so that we can provide Our users with an enriching App
experience.
11. Complaints
11.1.
We take complaints very seriously and through we shall strive to
respond and resolve your complaints within 24-48 hours, there may be
certain instances where such complaints redressal take up to 4-5
business days. Redressal related to money related complaints may take
up to 72 hours depending on the mode of transaction and the financial
institution.
11.2. All complaints should be addressed to
info@Hungrybird24.com.
11.3. Your complaint must
pertain to any of the following:
(I) Order placement
issues
(ii) Payment related issues
(iii) Order
delivery issues
(IV) Food quality related issues
11.4.
All complains are handled by us through an automated ticketing system
and on first come, first serve basis. If there is an unsolved ticket
for any complaint in our system, such complaint is then handled by
Our Customer Care Manager and resolved on a case-by-case basis.
12. Proprietary Rights

12.2.
You confirm and agree that we are the owner of the proprietary
information and content (including text, graphics, images, page
layout and design, music, software, audio, video, works of authorship
of any kind, and information or other materials) that are posted,
generated, provided, or otherwise made available through the App to
you and hereby retain all proprietary and intellectual property
rights in the same, including but not limited to all confidential
information.
12.3. you undertake not to post, copy,
modify, transmit, disclose, show in public, create any derivative
works from, distribute, make commercial use of, or reproduce in any
way, and whether partly or fully, any (i) confidential or proprietary
information, or (ii) copyrighted or copyrightable material,
trademarks, service marks or other proprietary information accessible
via the App without first obtaining Our prior written consent.
12.4.
You agree not to remove, alter, or obscure any copyright, trademark,
service mark, or other proprietary-rights notices, if any,
incorporated in or accompanying Our App or any of its content.
12.5.
By posting any information or content on the App, if permitted by us,
you grant us unconditionally and in perpetuity, and represent and
warrant that you have the right to grant to us, an irrevocable,
perpetual, non-exclusive, fully-paid/royalty-free, worldwide license
to use, reproduce, publicly perform, publicly display, share,
transfer and distribute such information/content, and to prepare
derivative works of, or incorporate into other works, such
information/content, and to grant and authorize sub-licenses of the
foregoing anywhere in the world.
13. Disclaimer of warranty
13.1.
you expressly understand and agree that, to the maximum extent
permitted by applicable law, the App, food/beverage items and other
products/services offered through the App and any content/information
provided on the App is on an "AS IS" and "AS
AVAILABLE" and “BEST EFFORTS” basis without warranty of any
kind, express, implied, direct, indirect, statutory or otherwise,
including the implied warranties of title, non-infringement,
merchantability or fitness for a particular purpose, correctness,
validity, accuracy, completeness, appropriateness, fitness for
consumption purposes or non-infringement. without limiting the
foregoing, we make no warranty:
(i) that the App will
always be secured, uninterrupted, available or error-free;
(ii)
about the quality, accuracy, timeliness, truthfulness, completeness
or reliability of any App content;
(iii) that any errors
or defects in the App or any of its contents, products and/or
services offered through the App will be corrected;
(iv)
that the App or any order placed through the App will meet your
requirements or expectations;
(v) that the food/beverage
items offered through the App shall fit the exact description of the
images and corresponding details provided on the App or that such
items will always be fit for consumption; and
(vi) that
the services rendered through the App will always be rendered in an
uninterrupted or in a timely manner.
13.2. From time to
time, we may offer new features or tools which Our App users may
experiment or experience. Such features or tools are offered solely
for experimental purposes and without any warranty of any kind, and
may be modified or discontinued at our sole discretion. The
provisions of this Disclaimer of warranty section shall apply with
full force to such features and tools.
13.3. we accept no
responsibility for any damage, loss, liabilities, death, injury or
disappointment incurred or suffered by you as a result of the App or
for any food/beverage item ordered and consumed through the App.
14. Limitation of Liability
14.1.
you agree to hold us, Our directors, employees, agents, consultants,
partners and other related or affiliated third parties not liable, to
the full extent permissible under all applicable laws, for any harm,
loss, or damage that may come to you or to anyone else as a
consequence of your use of the App or any food/beverage item ordered
through the App.
14.2. To the maximum extent permitted by
applicable law, in no event will we be liable for any incidental,
special, consequential or indirect damages arising out of or relating
to the use or inability to use the App, arising out of or in
connection with these Terms or from the use of or inability to use
the App or consumption of food/beverage items ordered through the
App, loss or corruption of data or programs, service interruptions
and/or procurement of substitute products, whether based on warranty,
contract, tort (including negligence), product liability or any other
legal theory, and whether or not we have been informed of the
possibility of such damages. To the maximum extent permitted by
applicable law, under no circumstances will we be liable for any
liquidated or punitive damages.
14.3. In no event will our
total liability arising out of or in connection with these Terms,
from the use of or inability to use the App, or from any
food/beverage items ordered through the App exceed the amount you
have actually paid for the concerned food/beverage items ordered.
15. Indemnification
you
agree to indemnify, defend and hold us, Our directors, employees,
agents, consultants, partners and other related or affiliated third
parties, harmless from and against any and all losses, claims,
disputes, demands, damages, liabilities, costs and expenses
(including reasonable attorneys’ fees) relating to or arising out
of your use of the App, including but not limited to (i) any
violation by you of these Terms, or (ii) any action arising from the
content/information that you publish on the App, if permitted by us,
that infringes any proprietary or intellectual property rights (e.g.
copyright, trade secrets, trademark or patent) of any third party or
Ours, or (iii) any content or communication that denigrates, libels
or invades the privacy right of any third party. We reserve the
right, at our own cost, to assume the exclusive defence and control
of any matter otherwise subject to indemnification by you, and you
will co-operate fully in asserting any available defences in such
case.
16. Term and Termination
16.1.
These Terms, including all modifications thereto, will remain in full
force and effect while you use the App.
16.2. You may
terminate or disable your use of the App at any time and for any
reason by deleting/uninstalling the App from your device.
16.3.
We may terminate or suspend, whether temporarily or permanently, your
App account at any time without notice and for any reason or refuse
you access to any of Our products and/or services, if we think doing
so is in larger interest of the App and its users. Further, at our
sole discretion, we may terminate or suspend, whether temporarily or
permanently, your App account at any time without notice if we
reasonably believe that you have breached these Terms, or for any
other reason, with or without cause. If we terminate or suspend your
account because you have breached these Terms, you will not be
entitled to any refund of unused amounts lying in your App account.
After your App account is terminated or suspended, all the terms
hereof shall survive such termination or suspension, and continue in
full force and effect, except for any terms that by their nature
expire or are fully satisfied.
16.4. You acknowledge that
we reserve the right to terminate or delete your account in case it
remains 'inactive' for a duration as determined by us in Our sole
discretion. If we terminate or suspend your account because you have
breached this Agreement, you will not be entitled to any refund of
unused amounts lying in your App account.
16.5. Following
termination of these Terms, we will only retain and use your
information in accordance with these Terms and Privacy Policy.
16.6.
In the event we have a reasonable belief that there exists an abuse
of vouchers and/or discount codes provided by us, apart from
forthwith blocking, whether permanently or otherwise, your access to
the App, we also reserve the right to seek compensation from you as
we may deem fit.
17. Modifications to the App
We
reserve the sole right at any time to modify, suspend or discontinue,
whether temporarily or permanently, the App (or any part thereof)
with or without prior notice to you. You agree that we shall not be
liable to you or to any third party for any modification, suspension
or discontinuance of the App. Any access or usage by you of the App
shall imply that you have accepted any new or modified Terms. Please
re-visit these Terms from time to time to stay abreast of any changes
that we may introduce.
18. Miscellaneous
18.1.
Entire Agreement: These Terms constitutes the entire agreement
between you and us regarding the subject matter hereof, and replaces
and supersedes any and all prior agreements/ understandings/
correspondences, whether written or oral, between you and us.
18.2.
Amendment: we reserve the sole right to amend these Terms, Privacy
Policy and Other Policies from time to time without prior permission
from you or informing you. Any such amendments will be applicable to
all persons viewing/accessing/using the App once the revisions have
been posted onto the same. you should therefore check the App from
time to time to review the current Terms as applicable to you. If you
continue to use the App following any such amendment, the same will
be deemed as consent by you to the amended Terms, Privacy Policy and
Other Policies.
18.3. Survival: Termination or suspension
of your App account shall not affect those provisions hereof that by
their nature are intended to survive such termination or
suspension.
18.4. Governing Law and Jurisdiction: These
Terms shall be governed and construed in accordance with the laws of
India in relation to any legal action or proceedings to enforce the
same. you irrevocably submit to the exclusive jurisdiction of any
competent courts situated at Mumbai and waive any objection to such
proceedings on grounds of venue or on the grounds that the
proceedings have been brought in an inconvenient forum.
18.5.
No Assignment: These Terms are personal to you. you cannot assign
your rights or obligations, whether partly or fully, to
anyone.
18.6. Severability: If any provisions of these
Terms are held invalid or unenforceable under applicable law, such
provision will be inapplicable, but the remainder will continue in
full force and effect.
18.7. waiver: No waiver of any
term, provision or condition of this Agreement whether by conduct or
otherwise in any one or more instances shall be deemed to be or
construed as a further or continuing waiver of any such term,
provision or condition or of any other term, provision or condition
of these Terms.
19. Grievance Officer
In
accordance with Information Technology Act, 2000 and rules made there
under, the name and contact details of the Grievance Officer are
provided below:
Name: Jaiprakash Nahar
Email:
info@hungrybird24.com
20. Contact us
Please contact
us by email on info@Hungrybird24.com for any questions or
comments regarding these Terms or pertaining to the App.
Last
updated on: 30th August 2018