Terms & Conditions

Introduction

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE ONLINE ORDERING SYSTEM By accessing, using or otherwise availing of the Online Ordering System, you agree to the terms and conditions set out below, and to any other terms and conditions made available to you on the Online Ordering System, (“Terms of Use“) in respect of your use of the Online Ordering System. The Terms of Use constitute a binding legal agreement between the Store (“us“, “we” or “our“) and you. Please read the Terms of Use carefully and if you do not agree to any of them, you will not be entitled or permitted to access or use the Online Ordering System and you must refrain from doing so. Your use of the Online Ordering System is also subject to our Privacy Policy and our Cookie Policy and you must also familiarise yourself with these other terms and policies before you use the Online Ordering System. We may change the Terms of Use from time to time to the extent permitted by applicable law. We will provide you with notice of any such change through our website, app and/or by other means, as appropriate. You should review the Terms of Use periodically and you agree that your continued use of the Online Ordering System after we publish or send a notice about any changes to the Terms of Use constitutes your acceptance of the updated Terms of Use as of their effective date. If you object to any changes to the Terms of Use, you may stop using the Online Ordering System.

1. Purpose

The purpose of the Online Ordering System is to provide a simple, convenient and cost-effective service that enables you (and other customers) to place orders for the delivery or collection of food and/or other items (the “Products“) with us. You are granted a right to use the Online Ordering System pursuant to the Hungrykart  which form a separate and leading binding agreement between you and Hungrykart.

2. Disclaimer and Liability

You hereby acknowledge and agree that the Online Ordering System is made available for use “as is” and “as available” and we make no representations and give no warranties of any kind whatsoever in relation to the Online Ordering System and that, without prejudice to the generality of the foregoing, we make no warranty or representation regarding, and shall have no responsibility for, the accuracy, availability, reliability, security, fitness for purpose or performance or continuity of the Online Ordering System or the contents thereof. It is your sole responsibility to ensure that the Online Ordering System is suitable for your purposes. You acknowledge and agree that to the extent permitted by applicable law, the Online Ordering System may at any time be modified or withdrawn, on a temporary or permanent basis, and wholly or in part, for any reason without notice, and we shall have no liability to you or any other party arising out of or in connection with such modification or withdrawal. We make no representation or warranty that the Online Ordering System will be uninterrupted or error free or that the Online Ordering System will be free of viruses. We do not warrant or represent that the Online Ordering System will meet your requirements or specifications, or that any errors or bugs in the Online Ordering System will be corrected. All representations, warranties, guarantees, terms and conditions whether express or implied by statute or otherwise in relation to the Online Ordering System or the information contained therein (including any implied warranty of accuracy of data, non-infringement, merchantability or fitness for a particular purpose) are hereby excluded to the fullest extent permitted by applicable law. Our total aggregate liability to you whether in contract, tort (including negligence) under statute or otherwise arising out of or in connection with the Terms of Use, the Online Ordering System and/or the Products shall be limited to “100. We acknowledge that nothing in the Terms of Use shall exclude or limit our liability for death or personal injury resulting from our negligence or that of our agents or employees.

3. Use of data

If you enter your payment card details on the Online Ordering System, these details will be stored securely by a third-party payment service provider. We do not have access to your payment card details, with the exception of the last 4 digits of your payment card number and the card expiry date which are used to identify your card and orders. Where you provide your mobile phone number, your name and your address through the Online Ordering System we will be provided with this information so that we can complete your order. For more information on how we may process information about you please see our Privacy Policy. Please also see privacy policy for information about how they process your information.

4. Third Party Sites

The Online Ordering System may contain links to other websites. Such websites are not under our control and we are not responsible or liable for the practices, content or availability of such websites. The inclusion on the Online Ordering System of links to other websites does not imply any endorsement or sponsorship of the content or practices on such websites nor does it imply any affiliation or association between us and any operators of such websites. These links to websites are provided for your convenience only. If you decide to access a website through a link on the Online Ordering System, you do so at your own risk, and we will not be responsible or liable to you or any third party for any loss, cost, damage or other liability arising out of or in connection with accessing, using or relying on the website or any content, goods, practices or services available on such website. You are prohibited from linking to the Online Ordering System from any other business, service or other website.

5. Obligations and Limitations on Use

The Online Ordering System is made available for access by you in our country of establishment and we make no representation or warranty that any information, materials or functionality included in the Online Ordering System is appropriate or available for use in any jurisdiction other than our country of establishment. You agree that any information provided by you on the Online Ordering System (including your name and contact details) is true, accurate, current and complete in all respects at the time it is provided and that you will update this information when subsequently using the Online Ordering System to the extent that it changes. By using the Online Ordering System you also agree that:  
 
 5.1 you will comply with the Terms of Use;
 
 5.2 you will not impersonate any other person or entity or use a false name or a name that you are not authorised to use on the Online Ordering System;
 
 5.3 you are 18 years of age or older;
 
 5.4 you will pay in full for all Products ordered by you through the Online Ordering System;
 
 5.5 you will not use the Online Ordering System to place any speculative or false orders;
 
 5.6 you will not use the Online Ordering System to research our Products or the pricing of our Products;
 
 5.7 you will not use any automated systems, robots or software to extract data from the Online Ordering System; You acknowledge and agree that you may not use the Online Ordering System for any unlawful purpose, or any purpose that is not authorised by Hungrykart, including without limitation:
 
 5.8 transmitting material that constitutes a criminal offence, results in civil liability or otherwise breaches any laws, regulations or codes of practice;
 
 5.9 interfering with any other persons use or enjoyment of the Online Ordering System;
 
 5.10 damaging, disabling or impairing the operation, functionality or availability of the Online Ordering System (including by knowingly or recklessly introducing to the Online Ordering System viruses, trojans, worms, logic bombs or other material which is malicious or harmful) or attempting to gain unauthorised access to the Online Ordering System or to networks connected to it, through hacking, spoofing or any other means;
 
 5.11 distributing any unlawful, libellous, abusive, threatening, harmful, obscene or otherwise objectionable material on or through the Online Ordering System;
 
 You may not access the Online Ordering System for any commercial purposes (including for the purposes of copying or reproducing any material on the Online Ordering System, monitoring the availability, performance or functionality of the Online Ordering System, or for any other benchmarking or competitive purposes).

6. Orders & Payment

It is your responsibility to ensure that each order for Products that you place through the Online Ordering System is correct prior to you submitting such order. All questions that you may have regarding Products displayed on, or any orders you place through, the Online Ordering System should be directed to us using the contact details available on our homepage. You acknowledge that Hungrykart is not able to address any such questions and you agree that you will not contact, or attempt to contact, Hungrykart in relation to any such questions. Please note that any order that you place through the Online Ordering System is not accepted until you are sent an SMS confirming that we have received and accepted your order (the “SMS“). This means that when the Online Ordering System states that your order has been confirmed, we may still (at our discretion) choose to decline your order until such time as you are sent the SMS. If we are unable to accept your order after it has been placed through the Online Ordering System, we will contact you to confirm this to you. Please note that the inclusion of incorrect personal details by you when placing an order with us on the Online Ordering System may lead to delays in the completion of your order or mean that we are unable to complete your order. It is your responsibility to ensure that you have included your correct personal details on the Online Ordering System (including your delivery address and telephone number) and we are not liable for any delay or failure to complete your order due to the inclusion of incorrect personal details on the Online Ordering System. It is your responsibility to keep your mobile phone secure. You agree that you are responsible and liable for all orders and charges placed on the Online Ordering System via your mobile phone. Please note that where you have not made payment in full at the time of placing your order on the Online Ordering System, you will be solely responsible and liable for making all outstanding payments due in respect of your order at the time that you collect your order from us or we deliver it to you. We reserve the right at our discretion to change the Products, and the prices of Products, available on the Online Ordering System.

7. Communication

You consent to us providing you with notices and other communications electronically either through the Online Ordering System or by other electronic means and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing.

8. Cancellation

You acknowledge and agree that we may cancel an order placed by you on the Online Ordering System, either before or after acceptance of such order, where we believe that inaccurate information was provided as part of this order or where circumstances beyond our reasonable control occur which prevent or hinder completion of such order.

9. Termination

Each of you and us may terminate the Terms of Use immediately at any time and without notice to the other. Upon such termination, you will not be entitled or permitted to access and use the Online Ordering System. The following Clauses of the Terms of Use survive any such termination: Clauses 2, 3, 9, 10, 11 and 13.

10. General Terms

If any part of the Terms of Use is deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms of Use and shall not affect the validity and enforceability of any of the remaining provisions of the Terms of Use. No failure or delay by us to exercise any right or remedy provided hereunder or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy. You agree that no partnership, employment, or agency relationship exists between you and us as a result of the Terms of Use or your use of the Online Ordering System. The Terms of Use constitute the entire agreement between you and us regarding the Online Ordering System and supersede and extinguish all prior agreements promises, assurances, warranties, representations and understandings between you and us regarding the Online Ordering System. You may not assign, novate or otherwise transfer the Terms of Use to any person without our prior written consent but you agree that we may assign, novate or otherwise transfer any of our rights or obligations under the Terms of Use to our affiliates or a party that acquires us.

11. Governing Law

The Terms of Use and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Terms of Use or their subject matter shall be governed by, and construed in accordance with, Irish law and any such dispute or claim shall be resolved exclusively in the courts of Ireland or in the courts of the country of our establishment.

12. Contact

All comments, questions and requests relating to your information are welcomed and should be addressed to us using the office contact details available on our homepage. Please also direct any complaints or legal notices to this address.

13. Definitions

“Hungrykart” means Hungrykart Technologies Private Limited, a Private incorporated company and is registered at Registrar of Companies, Hyderabad, Telangana, India and having its registered office at Road No. 14, Banjara Hills, Hyderabad, Telangana 500034;

 “Online Order System” means the technology solutions developed by Hungrykart which are made available to you through our website, app or other platform and which enable you to place orders with us electronically for Products;

Privacy Policy

Hungrykart is committed to respecting the privacy rights of all visitors to our Website.
 
 This Privacy Policy covers the use of the Website and the services provided by Hungrykart This Privacy Policy provides details of the way in which we process personal data in line with our obligations under the General Data Protection Regulation and any other laws which apply to us in relation to the processing of personal data. In this Privacy Policy, “controller“, “personal data” and “process” (and its derivatives) have the meanings given to those terms in Data Protection Laws.
 
 Personal data generally means information that can be used to individually identify a person, and processing generally covers actions that can be performed in connection with data such as collection, use, storage and disclosure. We are the controller of your personal data processed in connection with the Website.
 
 The purpose of this Privacy Policy is to explain our data processing activities, including how and why we process personal data. In addition, this Privacy Policy outlines our duties and responsibilities regarding the protection of such personal data. The manner in which we process personal data will evolve over time and we will update this Policy from time to time to reflect changing practices.

Personal Data We Collect

We collect personal data about you when you provide it directly to us, when third parties provide us with personal data about you, or when personal data about you is automatically collected in connection with your use of our Website. We do not disclose your personal data to third parties, except as outlined in this Privacy Policy. In running and maintaining our Website, we may collect and process the following information:

Personal Data Collected Directly From You

We receive personal data directly from you when you provide it to us through placing a food order, including, but not limited to:

• name;

• email address;

• telephone number;

• username; and

• payment details.

You may also include details in your food order that indicate your health information or religious beliefs.

Personal Data Collected We Automatically Collect

Some personal data is automatically collected when you use the Website, such as:

• IP address;

• device identifiers;

• browser information; and

• cookie data (as explained in the Cookie Policy).

How We Use Personal Data

We process personal data to operate, improve, understand and personalise our services e.g. we use personal data to:

• complete orders including delivery or collection of food;

• personalise content based on your preferences;

• contact you about our offers, subject to your marketing preferences;

• communicate with you;

• protect against or deter fraudulent, illegal or harmful actions;

• respond to user inquiries;

• provide support and assistance;

• comply with our legal or contractual obligations;

• enforce our terms and conditions; and

• resolve disputes.

Individual Data Subject Rights

Data Protection Laws provide certain rights in favour of data subjects (the “Data Subject Rights“). Data Subject Rights include the right of a data subject to:

• receive detailed information on the processing (as per transparency obligations on controllers) which we have provided through this Privacy Policy;

• access personal data;

• rectify or erase personal data (i.e. right to be forgotten);

• restrict processing;

• data portability;

• object to processing; and

• object to automated decision making (including profiling).

These Data Subject Rights will be exercisable by you subject to limitations as provided for under Data Protection Laws. You may make a request to us to exercise any Data Subject Right by contacting the e-mail address provided on our website. Your request will be dealt with in accordance with Data Protection Laws.

Lawful Basis for Processing 

We will not use your personal data for marketing purposes without your consent. If you wish to stop receiving marketing communications from us, you can opt out at any time by clicking the “opt-out” link at the bottom of any marketing communication from us or by contacting us at the e-mail provided on our website.

How we Share Data with our Partners

We do not share any personally identifying data with third parties and will not disclose your personal data to any other party except as set out in this policy.
 
 We and Hungrykart, our online ordering partner, are joint controllers of your personal data processed in connection with food orders placed through the Hungrykart Platform on the Website. If you have queries regarding how your personal data is processed by Hungrykart or wish to address your rights, please contact Hungrykart.
 
 Hungrykart acts as a processor in assisting us with managing users” consent to our marketing communications. Hungrykart also acts as a processor when it assists us to manage our analytics.
 
 We may be required to disclose personal data in some scenarios e.g. when you violate our terms and conditions or other policies. We may disclose such personal data, at our sole discretion, if we believe it necessary or appropriate in connection with investigation of fraud, IP infringement, piracy, or other unlawful activity. This may require disclosure of your name, address, phone number, email or company name.
 
 We may engage other companies and people to perform tasks on our behalf (i.e. processors) and may need to share your information with them to provide you with our services.
 
 In some cases, we may buy or sell its assets which may involve the transfer of customer information. We will transfer such information if we are acquired by or merged with another company. In this event, we will notify you by email.
 
 Without limiting the above, in an effort to respect your privacy and our ability to keep the community free from bad actors, we will not otherwise disclose your personal data to law enforcement, other government officials, or other third parties without a court order, law enforcement request, legal process, or substantially similar legal procedure, except when we believe in good faith that the disclosure of information is necessary to protect our rights or the rights of third parties, prevent physical harm or financial loss, or to report suspected illegal activity.

Data Retention

We will keep personal data only for as long as the retention of such personal data is deemed necessary for the purposes for which that personal data is processed (as described in this Privacy Policy) unless we are required to retain your personal data for a longer period (e.g. in the event of legal proceedings or investigations).

Third Party Links

On occasion we include links to third parties on the Website. Where we provide a link it does not mean that we have any control over the linked website or its privacy policy or that we endorse, or approve that website’s policy towards visitor privacy. You should review the linked website’s privacy policy before sending them any personal data.