This article is written by Harsh Kedia, pursuing a Diploma in Advanced Contract Drafting, Negotiation and Dispute Resolution from Lawsikho.com. Here he discusses “How will you draft the terms and conditions of a food delivery app?”.

This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Intermediaries guidelines) Rules, 2011 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.Hunger.com website and Hunger application for mobile and handheld devices.

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Terms of use

1. These terms of use clearly specify your rights and duties while using the service. The use of our website www.Hunger.com (the “Website”) and the application ‘Hunger’ which will be used for availing the services provided by us (the “App”). The Website and the App are jointly referred to as the “Platform”. Before using the service you are advised to read all the terms of use carefully. By clicking on the I Agree you authorizes us to register you as a Registered User and you shall comply with all the terms and conditions mentioned herein.
2. This Platform is maintained and handled by Harsh Technologies Private Limited, a company incorporated under the laws of Company Act, 2013. With CIN no. xx, having its registered office at 1, Defence Colony, Lajpat Nagar, New Delhi, India.ok.

Terms of Service

1. Hunger shall not be liable for any defects in food. Hunger in case determines the price and the availability of the product by its own.
2. All the prices and availability are made by the merchants. Any extra charges applicable such as container charges, restaurant charges, etc. are managed and controlled by the merchants. 
3. Hunger shall not deliver items in areas which fall outside the scope of the service. While adding the address, Hunger shall determine such delivery availability.
4. You shall undertake to provide accurate directions and information at the time of the delivery to the delivery executive. If such delivery is not made within the required time due to the wrong information provided to the delivery executive, then in such case Hunger shall not be held responsible and you shall bear the cancellation of late delivery. 
   

Account Registration

1. A user shall be required to furnish the following details before using the Service/s of Hunger. The user registers themselves from the App by providing the following details:
2. 1. Name
   2. Address
   3. Email 
   4. Contact details
   5. Age
      
3. At the time of the registration, the Platform will send an OTP to the mobile no and email address provided by the user. The user shall copy the OTP and put the same in the App. After the verification is complete, the account will be created. 
4. The user can at any time change the password of the App. For modifying the address and contact details, the user shall verify the email address and the phone number. A user can change the details maximum three times. 
5. Hunger holds an exclusive right to terminate the account or block the account of the user anytime. If the user uses the Platform for any other purpose then in such case the Hunger account shall be terminated or blocked without giving any prior notice to the user. 
6. A user can create only one account with the same email address and mobile number. 
7. A user can create an account by using third party verification. You can register yourself through your g-mail account. However, in such a case, the User shall verify the third-party account from the App. After successful verification, the account shall be created with the name as mentioned in such third-party account. The user shall confirm the mobile no in such case before placing an order. 
8. Hunger shall not be responsible for any late delivery/cancellation due to the wrong information provided by the user. If the user does not provide correct information, then in such case Hunger can delete the account of such user.
9. In case any account is blocked or deleted by the Hunger, then the user shall not be eligible to create another account with the same number and email address. 
10. A maximum of two accounts can be created on one device. If any user creates more than three accounts then such App shall be blocked from the device. 

Cancellation and refund

• Cancellation

1. A user shall not be entitled to cancel any order after it has been confirmed by the merchant. Any cancellation made after the confirmation shall be subject to a cancellation fee up to the amount of order placed. Such cancellation fee shall be updated in the App in the outstanding section and the user before placing the next order shall clear such outstanding. 
2. A user shall before the confirmation of the order can contact the customer executive of Hunger to cancel their order. If the user is unable to contact the customer executive at that time then such information shall be made through email.
3. Hunger holds an exclusive right to cancel the order of the user in an unavoidable condition. Intimation of such cancellation shall be made by the customer executive of Hunger through the mobile number provided in the Platform. In such a case, no cancellation fee will be charged and the user can place the order again.
4. If the order placed by the user is not available with the merchant, then in such case Hunger shall inform about the same to the user and the user can either opt for a refund, if the payment is already made or can modify the order. In case the user opts for refund, the amount shall be sent to the source of a transaction within 7-10 working days. 
5. If any cancellation is made by the Hunger after 30 minutes of the confirmation, then in such case the user shall be entitled to a coupon of Rs. 100. Such coupon can be redeemed by the user while placing the next order. 

• Refund

1. A user shall be entitled to the full refund only in the following conditions:
   1. The food received is damaged.
   2. The food received after 60 minutes from the time of confirmation of the order.
   3. The food is totally burnt.
2. No refund shall be generated in any other situation. 
3. The policy of refund shall only be applicable to the order in which payment is made through debit card/net banking/paytm. If the payment is made through cash on delivery then such refund amount shall be transferred to the App of the user under the section gift foods. A user while placing the next order can use the food gift. 
4. In order to initiate a refund, the user shall produce the photographs of the food and send it to the email address of Hunger. After 24 hours, the user shall be refunded with the amount. 
5. Before initiating the refund, Hunger shall confirm with the merchant and the delivery boy about the food. If it is found that the food was not damaged at the time of the delivery by the delivery executive or the food was properly cooked by the merchant, then in such case, no refund shall be initiated by the Hunger. 

Bookings and Financial Terms

1. The Platform allows you to place/cancel/modify your order. A user can place the order by selecting the merchant and the Hunger item offered by them.
2. Hunger in no case holds any right over the food delivered by the merchants. In case the food received is bad/stale, Hunger shall not be liable for the same. 
3. Every order shall be confirmed by the merchants within ten minutes from placing the order. If such confirmation is not made by the merchant then Hunger has the exclusive right to cancel the order. 
4. A user shall be not able to cancel the order once it has been confirmed by the merchant. If such cancellation is made then the user shall be charged with a cancellation fine up to the value of the order placed. Such a cancellation charge will be updated in the App in the outstanding section. 
5. Hunger accepts payments through debit card/net banking/paytm and cash on delivery. However, any order placed above Rs. 500 shall be compulsorily be made through debit card/net banking/paytm. Hunger shall charge such transaction charge application under any law for the time being in force.
6. If any order placed from outside the territory of India, such payments shall be made compulsorily through the payment mode mentioned in the above clause. Hunger only accepts payments in Indian currency. 

Contact us

You can contact us for any query regarding this Platform. For query related to the App, please contact:

Mr. A, customer grievance officer, Harsh Technologies Private Limited, 1, Defence Colony, Lajpat Nagar, New Delhi, India.

Contact no-99999999
[email protected]

Students of Lawsikho courses regularly produce writing assignments and work on practical exercises as a part of their coursework and develop themselves in real-life practical skill.