Terms and Conditions - Chokocukies
- Chokocukies is an Indian startup for serving apex quality food to customers. We fulfill distribution of confectionaries products such as Chocolates, Cakes, Cookies etc, with the finest quality ingredients, flawless elegance, safely to the customers.
- By accessing this web site, you are agreeing to be bound by these web site’s Terms and Conditions of Use, all applicable laws, and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.
- Permission is granted to temporarily download one copy of the materials (information or software) on Chokocukies's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not:
a) modify or copy the materials
b) use the materials for any commercial purpose, or for any public display (commercial or non-commercial)
c) attempt to decompile or reverse engineer any software contained on Chokocukies's web site
d) remove any copyright or other proprietary notations from the materials
e) Transfer the materials to another person or "mirror" the materials on any other server.
- This license shall automatically terminate if you violate any of these restrictions and may be terminated by Chokocukies at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
- The materials on Chokocukies's web site are provided "as is". Chokocukies makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Chokocukies does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
- In no event shall Chokocukies or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Chokocukies's Internet site, even if Chokocukies or a Chokocukies authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
6) Revisions and Errata
- The materials appearing on Chokocukies's web site could include technical, typographical, or photographic errors. Chokocukies does not warrant that any of the materials on its web site are accurate, complete, or current. Chokocukies may make changes to the materials contained on its web site at any time without notice. Chokocukies does not, however, makes any commitment to update the materials.
- Chokocukies has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Chokocukies of the site. Use of any such linked web site is at the user's own risk.
9) Governing Law
- Any claim relating to Chokocukies's web site shall be governed by the laws of the State of Maharashtra without regard to its conflict of law provisions.
- Any, contract for the supply of Food from this Website is between you and the Participating Restaurant/Vendors; any, contract for the delivery of Food from this Website is between you and Chokocukies. 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.
11) Order process
- Food Delivery, Goods and Services purchased from this Website are intended for personal consumption only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
- Please note that some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
- When ordering from this Website you may be required to provide an e-mail address and password. You must ensure that you keep the combination of these details secure and do not provide this information to a third party.
- We will take all reasonable care, in so far as it is in our power to do so, to keep the details of your order and payment secure, but in the absence of knowledge on our part we cannot be held liable for any loss you may suffer if a third party procures unauthorized access to any data you provide when accessing or ordering from the Website.
- Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant/Vendors. When you place your order online, we will send you an email to confirm that we have received it. This email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Participating Restaurant/Vendors will be able to fill your order. Once we have sent the confirmation email we will check availability and delivery capacity.
- If the ordered Food Delivery and delivery capacity is available, the Participating Restaurant/Vendors will accept the order and confirm it to Chokocukies. If the details of the order are correct, the contract for the Food Delivery, Goods or Services will be confirmed by text message (SMS).
- If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will also let you know by text message (SMS) or phone call.
- Chokocukies distributing confectionaries products online and hence return policy is not applicable to any of our product. As, the vendors can’t sell it again to anyone and they shouldn’t have suffer from loss.
12) Prices and payment
- All prices listed on the Website are accurate and correct at the time of publication. On a regular interval, we give great care to keep our product price up to date. We also reserve the right to alter the Goods or Services or its price available for sale on the Website and to stop listing Goods or Services.
- The total price for Food Delivery, Goods or Services ordered including delivery charges and other charges, will be displayed on the Website when you place your order. Full payment must be made for all Goods dispatched and Services provided. Payment has to be made in cash or, if available on the website, by online payment, e.g. credit or debit card. If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct security checks to confirm it is you placing the order.
- All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes are being charged and determined by the Participating Restaurant/Vendors and Chokocukies is merely collecting the same on behalf of such Participating Restaurant/Vendors.
- The entire amount of applicable taxes collected by Chokocukies is directly remitted as it is to Participating Restaurants/Vendors and Chokocukies does not retain any amounts thereof.
- Chokocukies is not responsible for validating the legal sanctity of the applicable taxes and the manner of its applicability on behalf of the Participating Restaurants/Vendors. Chokocukies holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Participating Restaurant/Vendors.
- The prices reflected on the website/mobile application are determined solely by the Participating Restaurants/Vendors and informed to Chokocukies at the time of listing. The final tax invoice will be issued by the Participating Restaurant and delivered to the customer along with the order.
- We as a merchant shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on Account of the Cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time.
- 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.
- If delivery is done by the Participating Restaurant/Vendors, They are sole responsible to provide Food Delivery in a timely manner.
- In the case delivery is done by Chokocukies, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by Chokocukies in either case.
- All orders are delivered by a reputable courier. We and the Participating Restaurant/Vendors will make every effort to deliver within the time stated; however, we will not be liable for any loss caused to you by ordering late. If the Goods are not delivered within the estimated delivery time quoted by us, please contact the participating restaurant first. You may also contact us by telephone or email and we will try to ensure that you receive your order as quickly as possible.
- In case of a late delivery, the delivery charge will neither be voided nor refunded by Chokocukies.
- All risk in the Goods and the Food Delivery shall pass to you upon delivery.
- You must notify the participating restaurants/Vendors 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/Vendors refuses cancellation, e.g. because preparation of Food Delivery has been completed and/or delivery personnel has already been dispatched, it may not be cancelled. 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, we will refund or re-credit your debit or credit card with the full amount within 14 days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Goods or the Services, as applicable. In the unlikely event that the Participating Restaurant/Vendors deliver 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/Vendors.
- We take complaints very seriously and aim to respond to your complaints within 3 business days. All complaints should be addressed to email@example.com
16) Limited Liability
- Great care has been taken to ensure that the information available on this Website is correct and error free. We apologize for any errors or omissions that may have occurred. We cannot warrant that use of the Website will be error free or fit for purpose, timely, that defects will be corrected, or that the site or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.
- We disclaim any and all liability to you for the supply of the Food Delivery, Goods and Services to the fullest extent permissible under applicable law. This does not affect your statutory rights as a consumer. If we are found liable for any loss or damage to you such liability is limited to the amount you have paid for the relevant Goods or Services. We cannot accept any liability for any loss, damage or expense, including any direct or indirect loss such as loss of profits to you, howsoever arising. This limitation of liability does not apply to personal injury or death arising as a direct result of our negligence.
- We do not accept any liability for any delays, failures, errors or omissions or loss of transmitted information, viruses or other contamination or destructive properties transmitted to you or your computer system via our Website.
- We shall not be held liable for any failure or delay in performing Services or delivering Goods where such failure arises as a result of any act or omission, which is outside our reasonable control such as all overwhelming and unpreventable events caused directly and exclusively by forces of nature that can be neither anticipated, nor controlled, nor prevented by the exercise of prudence, diligence, and care, including but not limited to: war, riot, civil commotion; compliance with any law or governmental order, rule, regulation or direction and acts of third parties.
- If we have contracted to provide identical or similar order to more than one Customer and are prevented from fully meeting our obligations to you by reason of an Event of Force Majeure, we may decide at our absolute discretion which orders we will fill and to what extent.
- The products sold by us are provided for private domestic and consumer use only. Accordingly, we do not accept liability for any indirect loss, consequential loss and loss of data, loss of income or profit, loss of damage to property and/or loss from claims of third parties arising out of the use of the Website or for any products or services purchased from us.
- We have taken all reasonable steps to prevent Internet fraud and ensure any data collected from you is stored as securely and safely as possible. However, we cannot be held liable in the extremely unlikely event of a breach in our secure computer servers or those of third parties.
- In the event Chokocukies has a reasonable belief that there exists an abuse of vouchers and/or discount codes or in suspected instances of fraud, Chokocukies may cause the shopper (or customer) to be blocked immediately and reserves the right to refuse future service. Additionally, should there exist an abuse of vouchers or discount codes, Chokocukies reserves the right to seek compensation from any and all violators.
- Offers are subject to Chokocukies’s discretion and may be withdrawn at any time and without notice.
- All prices are in India Rupees. GST is included where indicated.
- We may subcontract any part or parts of the Services or Goods that we provide to you from time to time and we may assign or notate any part or parts of our rights under these Terms and Conditions without your consent or any requirement to notify you.
- We may alter or vary the Terms and Conditions at any time without notice to you.
- Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card/Debit Card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
- Do not use or launch any automated system or program in connection with our website or its online ordering functionality.
- Do not collect or harvest any personally identifiable information from the website, use communication systems provided by the website for any commercial solicitation purposes, solicit for any reason whatsoever any users of the website with respect to their submissions to the website, or publish or distribute any vouchers or codes in connection with the website, or scrape or hack the website.
- If any term or condition of our Agreement shall be deemed invalid, illegal or unenforceable, the parties hereby agree that such term or condition shall be deemed to be deleted and the remainder of the Agreement shall continue in force without such term or condition.
- These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India.
- No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- Customers placing order with Chokocukies are liable of receiving promotional SMS, irrespective of their number being registered under NDNC. If customers wish to not receive promotional SMS, they may contact us on firstname.lastname@example.org with the subject line “Cancellation of Promotional SMS”.
- These Terms and Conditions and a contract (and all non-contractual obligations arising out of or connected to them) shall be governed and construed in accordance with India Laws. Both we and you hereby submit to the non-exclusive jurisdiction of the India Courts. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
- The voucher calculation is subject to Chokocukies’s discretion and may be altered at any time and without notice. The voucher can discount any/all of the components including food cost, taxes and fees and likewise.
- Any Service Fee/Delivery Fee charged by Chokocukies is subject to prevailing GST Rates.
- Rates under the GST regime have recently been notified. The restaurants/Vendors are currently groping the taxability of their supplies. Chokocukies hence, does not bear any responsibility on the taxes charged by the restaurants/Vendors in the interim period.
- If you fail to accept delivery of Food Delivery and/or Goods at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any storage, insurance and other costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
- You must ensure that at the time of Food Delivery and/or Goods adequate arrangements, including access where necessary, are in place for the safe delivery of such goods. We cannot be held liable for any damage, cost or expense incurred to such goods or premises where this arises as a result of a failure to provide adequate access or arrangements for delivery.
- Participating Restaurants/Vendors and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
- Please note that it might not be possible for Participating Restaurants/Vendors to deliver to some locations. If this is the case, our Participating Restaurants/Vendors or we will inform you using the contact details that you provide to us when you make your order and arrange for cancellation of the order or delivery to an alternative delivery address.