-
These terms of use (the “ Terms of Use”) govern your use of our website
www.TIME TO TIME
ECOMMERCE PVT.LTD.(Deal To Digital).com (the “ Website”) and our
“TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital)” application for mobile and
handheld devices (the
“ App”). The Website and
the App are jointly referred to as the “ Platform”. Please read these Terms
of Use carefully before you
use the services. If you do not agree to these Terms of Use, you may not use
the services on the
Platform, and we request you to uninstall the App. By installing,
downloading or even merely using
the Platform, you shall be contracting with TIME TO TIME ECOMMERCE
PVT.LTD.(Deal To Digital) and
you signify your acceptance to the Terms of Use and other TIME TO TIME
ECOMMERCE PVT.LTD.(Deal
To Digital) policies (including but not limited to the Cancellation & Refund
Policy, Privacy Policy and
Take Down Policy) as posted on the Platform from TIME TO TIME ECOMMERCE
PVT.LTD.(Deal To
Digital), which takes effect on the date on which you download, install or
use the Services, and create
a legally binding arrangement to abide by the same.
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The Platform is operated and owned byTIME TO TIME ECOMMERCE
LIMITED (Deal To Digital), a
company incorporated under the Companies Act, 1956 and having its registered
office at 102CEN,
Ground Floor, Rajarhat Chowmatha, Kolkata - 700135. For the purpose of these
Terms of Use,
wherever the context so requires, ”you” shall mean any natural or legal
person who has agreed to
become a buyer or customer on the Platform by providing Registration Data
while registering on the
Platform as a registered user using any computer systems. The terms “TIME TO
TIME ECOMMERCE
PVT.LTD.(Deal To Digital)”, “we”, “us” or “our” shall mean TIME TO TIME
ECOMMERCE PVT.LTD.(Deal
To Digital).
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TIME TO TIME ECOMMERCE LIMITED (Deal To Digital)
enables transactions
betweenparticipant
restaurants/merchants and buyers, dealing in prepared food and beverages (“
Platform Services”).
The buyers (“ Buyer/s”) can choose and place orders (“ Orders”) from variety
of products listed and
offered for sale by various neighbourhood merchants including but not
limited to the restaurants and
eateries (“ Merchant/s”), on the Platform and TIME TO TIME ECOMMERCE
PVT.LTD.(Deal To Digital)
enables delivery of such orders at select localities of serviceable cities
across India (“ Delivery
Services”). The Platform Services and Delivery Services are collectively
referred to as “ Services”.
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AMENDMENTS
These Terms of Use are subject to modifications at any time. We reserve the right
to modify or
change these Terms of Use and other TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) policies at
any time by posting changes on the Platform, and you shall be liable to update
yourself of such
changes, if any, by accessing the changes on the Platform. You shall, at all
times, be responsible for
regularly reviewing the Terms of Use and the other TIME TO TIME ECOMMERCE
PVT.LTD.(Deal To
Digital) policies and note the changes made on the Platform. Your continued
usage of the services
after any change is posted constitutes your acceptance of the amended Terms of
Use and other TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) policies. As long
as you comply with these Terms of
Use, TIME TO TIME ECOMMERCE PVT.LTD.(Deal To Digital) grants you a personal,
non-exclusive, non
transferable, limited privilege to access, enter, and use the Platform. By
accepting these Terms of
Use, you also accept and agree to be bound by the other terms and conditions and
TIME TO TIME
ECOMMERCE PVT.LTD.(Deal To Digital) policies (including but not limited to
Cancellation & Refund
Policy, Privacy Policy and Notice and Take Down Policy) as may be posted on the
Platform from TIME
TO TIME ECOMMERCE PVT.LTD.(Deal To Digital).
- Use of Platform and Services
a.
Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between Buyers and
Merchants
alone. The commercial/contractual terms include without limitation price, taxes,
shipping costs,
payment methods, payment terms, date, period and mode of delivery, warranties
related to products
and services and after sales services related to products and services. TIME TO
TIME ECOMMERCE
PVT.LTD.(Deal To Digital) does not have any control or does not determine or
advise or in any way
involve itself in the offering or acceptance of such commercial/contractual
terms between the Buyers
and Merchants. TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) may, however,
offer support
services to Merchants in respect to order fulfilment, payment collection, call
centre, and other
services, pursuant to independent contracts executed by it with the Merchants.
b.
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) does not make any
representation or
warranty as to the item-specifics (such as legal title, creditworthiness,
identity, etc.) of any of the
Merchants. You are advised to independently verify the bona fides of any
particular Merchant that
you choose to deal with on the Platform and use your best judgment in that
behalf. All Merchant
offers and third party offers are subject to respective party terms and
conditions. TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) takes no responsibility for
such offers.
c.
TIME TO TIME ECOMMERCE LIMITED (Deal To Digital)
neither make any representation or
warranty as to specifics (such as quality, value, salability, etc.) of the
products or services proposed to
be sold or offered to be sold or purchased on the Platform nor does implicitly
or explicitly support or
endorse the sale or purchase of any products or services on the Platform. TIME
TO TIME
ECOMMERCE PVT.LTD.(Deal To Digital) accepts no liability for any errors or
omissions, whether on
behalf of itself or third parties.
d.
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) is not responsible for any non
performance or breach of any contract entered into between Buyers and Merchants
on the Platform.
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) cannot and does not guarantee
that the
concerned Buyers and/or Merchants will perform any transaction concluded on the
Platform. TIME
TO TIME ECOMMERCE PVT.LTD.(Deal To Digital) is not responsible for
unsatisfactory or non
performance of services or damages or delays as a result of products which are
out of stock,
unavailable or back ordered.
e.
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) is operating an online
marketplace and
assumes the role of facilitator, and does not at any point of time during any
transaction between
Buyer and Merchant on the Platform come into or take possession of any of the
products or services
offered by Merchant. At no time shall TIME TO TIME ECOMMERCE PVT.LTD.(Deal To
Digital) hold any
right, title or interest over the products nor shall TIME TO TIME ECOMMERCE
PVT.LTD.(Deal To
Digital) have any obligations or liabilities in respect of such contract entered
into between Buyer and
Merchant.
f.
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) is only providing a platform
for
communication and it is agreed that the contract for sale of any of the products
or services shall be a
strictly bipartite contract between the Merchant and the Buyer. In case of
complaints from the Buyer
pertaining to food efficacy, quality, or any other such issues, TIME TO TIME
ECOMMERCE
PVT.LTD.(Deal To Digital) shall notify the same to Merchant and shall also
redirect the Buyer to the
consumer call center of the Merchant. The Merchant shall be liable for
redressing Buyer complaints.
In the event you raise any complaint on any Merchant accessed using our
Platform, we shall assist
you to the best of our abilities by providing relevant information to you,such
as details of the
Merchant and the specific Order to which the complaint relates, to enable
satisfactory resolution of
the complaint.
g.
Please note that there could be risks in dealing with underage persons or people
acting under
false pretence.
h.
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital)- Use of the Website and
Apps (Android
and iOS)
You agree, undertake and confirm that your use of Platform shall be strictly
governed by the
following binding principles:
i..
You shall not host, display, upload, download, modify, publish, transmit, update
or share any
information which:
1.
belongs to another person and which you do not have any right to;
2.
belongs to another person and which you do not have any right to;
is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic,
paedophilic,
libellous, slanderous, criminally inciting or invasive of another's privacy,
hateful, or racially, ethnically
objectionable, disparaging, relating or encouraging money laundering or
gambling, or otherwise
unlawful in any manner whatsoever; or unlawfully threatening or unlawfully
harassing including but
not limited to “indecent representation of women” within the meaning of the
Indecent
Representation of Women (Prohibition) Act, 1986;
3.
is misleading or misrepresentative in any way;
4.
is patently offensive to the online community, such as sexually explicit
content, or content that
promotes obscenity, paedophilia, racism, bigotry, hatred or physical harm of any
kind against any
group or individual;
5.
harasses or advocates harassment of another person;
6.
involves the transmission of “junk mail”, “chain letters”, or unsolicited mass
mailing or
“spamming”;
7.
promotes illegal activities or conduct that is abusive, threatening, obscene,
defamatory or
libellous;
8.
infringes upon or violates any third party's rights [including, but not limited
to, intellectual
property rights, rights of privacy (including without limitation unauthorized
disclosure of a person's
name, email address, physical address or phone number) or rights of publicity];
9.
promotes an illegal or unauthorized copy of another person's copyrighted work
(see “copyright
complaint” below for instructions on how to lodge a complaint about uploaded
copyrighted
material), such as providing pirated computer programs or links to them,
providing information to circumvent manufacture-installed copy-protect devices,
or providing pirated music or links to pirated
music files;
10.
contains restricted or password-only access pages, or hidden pages or images
(those not linked
to or from another accessible page);
11.
provides material that exploits people in a sexual, violent or otherwise
inappropriate manner or
solicits personal information from anyone;
12.
provides instructional information about illegal activities such as making or
buying illegal
weapons, violating someone's privacy, or providing or creating computer viruses;
13.
contains video, photographs, or images of another person (with a minor or an
adult);
14.
tries to gain unauthorized access or exceeds the scope of authorized access to
the Platform or
to profiles, blogs, communities, account information, bulletins, friend request,
or other areas of the
Platform or solicits passwords or personal identifying information for
commercial or unlawful
purposes from other users;
15.
engages in commercial activities and/or sales without our prior written consent
such as
contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or
selling of products
related to the Platform. Throughout these Terms of Use,TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital)’s prior written consent means a
communication coming from
TIME TO TIME ECOMMERCE
PVT.LTD.(Deal To Digital)’s Legal Department, specifically in response to your
request, and expressly
addressing and allowing the activity or conduct for which you seek
authorization;
16.
solicits gambling or engages in any gambling activity which is or could be
construed as being
illegal;
17.
interferes with another user’s use and enjoyment of the Platform or any third
party’s user and
enjoyment of similar services;
18.
refers to any website or URL that, in our sole discretion, contains material
that is inappropriate
for the Platform or any other website, contains content that would be prohibited
or violates the
letter or spirit of these Terms of Use;
19.
harm minors in any way;
20.
infringes any patent, trademark, copyright or other intellectual property rights
or third party’s
trade secrets or rights of publicity or privacy or shall not be fraudulent or
involve the sale of
counterfeit or stolen products;
21.
violates any law for the time being in force;
22.
deceives or misleads the addressee/users about the origin of such messages or
communicates
any information which is grossly offensive or menacing in nature;
23.
impersonate another person;
24.
contains software viruses or any other computer code, files or programs designed
to interrupt,
destroy or limit the functionality of any computer resource; or contains any
trojan horses, worms,
t
ime bombs, cancelbots, easter eggs or other computer programming routines that
may damage,
detrimentally interfere with, diminish value of, surreptitiously intercept or
expropriate any system,
data or personal information;
25.
threatens the unity, integrity, defence, security or sovereignty of India,
friendly relations with
foreign states, or public order or causes incitement to the commission of any
criminal offence or
prevents investigation of any offence or is insulting any other nation;
26.
is false, inaccurate or misleading;
27.
directly or indirectly, offers, attempts to offer, trades or attempts to trade
in any item, the
dealing of which is prohibited or restricted in any manner under the provisions
of any applicable law,
rule, regulation or guideline for the time being in force; or
28.
creates liability for us or causes us to lose (in whole or in part) the services
of our internet
service provider or other suppliers.
ii.
You shall not use any “deep-link”, “page-scrape”, “robot”, “spider” or other
automatic device,
program, algorithm or methodology, or any similar or equivalent manual process,
to access, acquire,
copy or monitor any portion of the Platform or any Content, or in any way
reproduce or circumvent
the navigational structure or presentation of the Platform or any Content, to
obtain or attempt to
obtain any materials, documents or information through any means not purposely
made available
through the Platform. We reserve our right to prohibit any such activity.
iii.
You shall not attempt to gain unauthorized access to any portion or feature of
the Platform, or
any other systems or networks connected to the Platform or to any server,
computer, network, or to
any of the services offered on or through the Platform, by hacking, “password
mining” or any other
illegitimate means.
iv.
You shall not probe, scan or test the vulnerability of the Platform or any
network connected to
the Platform nor breach the security or authentication measures on the Platform
or any network
connected to the Platform. You may not reverse look-up, trace or seek to trace
any information on
any other user of or visitor to Platform, or any other Buyer, including any
account on the Platform not
owned by you, to its source, or exploit the Platform or any service or
information made available or
offered by or through the Platform, in any way where the purpose is to reveal
any information,
including but not limited to personal identification or information, other than
your own information,
as provided for by the Platform.
v.
You shall not make any negative, denigrating or defamatory statement(s) or
comment(s) about
us or the brand name or domain name used by us including the name TIME TO
TIME ECOMMERCE
LIMITED (Deal To Digital), or otherwise engage in any
conduct or action that
might tarnish the image
or reputation, of TIME TO TIME ECOMMERCE PVT.LTD.(Deal To Digital) or Merchant
on platform or
otherwise tarnish or dilute any TIME TO TIME ECOMMERCE PVT.LTD.(Deal To
Digital)’s trade or
service marks, trade name and/or goodwill associated with such trade or service
marks, as may be
owned or used by us. You agree that you will not take any action that imposes an
unreasonable or
disproportionately large load on the infrastructure of the Platform or TIME TO
TIME ECOMMERCE
PVT.LTD.(Deal To Digital)’s systems or networks, or any systems or networks
connected to TIME TO
TIME ECOMMERCE PVT.LTD.(Deal To Digital).
vi.
You agree not to use any device, software or routine to interfere or attempt to
interfere with
the proper working of the Platform or any transaction being conducted on the
Platform, or with any
other person’s use of the Platform.
vii.
You may not forge headers or otherwise manipulate identifiers in order to
disguise the origin
of any message or transmittal you send to us on or through the Platform or any
service offered on or
through the Platform. You may not pretend that you are, or that you represent,
someone else, or
impersonate any other individual or entity.
viii.
You may not use the Platform or any content on the Platform for any purpose that
is unlawful
or prohibited by these Terms of Use, or to solicit the performance of any
illegal activity or other
activity that infringes the rights of TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) and/or
others.
ix.
You shall at all times ensure full compliance with the applicable provisions, as
amended from TIME TO TIME ECOMMERCE LIMITED (Deal To
Digital), of (a) the Information
Technology Act, 2000 and the rules thereunder; (b) all applicable domestic laws,
rules and
regulations (including the
provisions of any applicable exchange control laws or regulations in force); and
(c) international laws,
foreign exchange laws, statutes, ordinances and regulations (including, but not
limited to sales
tax/VAT, income tax, octroi, service tax, central excise, custom duty, local
levies) regarding your use of
our service and your listing, purchase, solicitation of offers to purchase, and
sale of products or
services. You shall not engage in any transaction in an item or service, which
is prohibited by the
provisions of any applicable law including exchange control laws or regulations
for the time being in
force.
x.
In order to allow us to use the information supplied by you, without violating
your rights or any
laws, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable,
royalty-free, sub
licensable (through multiple tiers) right to exercise the copyright, publicity,
database rights or any
other rights you have in your Information, in any media now known or not
currently known, with
respect to your Information. We will only use your information in accordance
with these Terms of
Use and Privacy Policy applicable to use of the Platform.
xi.
FromTIME TO TIME ECOMMERCE
LIMITED (Deal To Digital), you shall be responsible
for
providing information relating to the products or services proposed to be sold
by you. In this
connection, you undertake that all such information shall be accurate in all
respects. You shall not
exaggerate or overemphasize the attributes of such products or services so as to
mislead other users
in any manner.
xii.
You shall not engage in advertising to, or solicitation of, other users of the
Platform to buy or
sell any products or services, including, but not limited to, products or
services related to that being
displayed on the Platform or related to us. You may not transmit any chain
letters or unsolicited
commercial or junk email to other users via the Platform. It shall be a
violation of these Terms of Use
to use any information obtained from the Platform in order to harass, abuse, or
harm another
person, or in order to contact, advertise to, solicit, or sell to another person
other than us without
our prior explicit consent. In order to protect our users from such advertising
or solicitation, we
reserve the right to restrict the number of messages or emails which a user may
send to other users
in any 24-hour period which we deem appropriate in its sole discretion. You
understand that we have
the right at all times to disclose any information (including the identity of
the persons providing
information or materials on the Platform) as necessary to satisfy any law,
regulation or valid
governmental request. This may include, without limitation, disclosure of the
information in
connection with investigation of alleged illegal activity or solicitation of
illegal activity or in response
to a lawful court order or subpoena. In addition, We can (and you hereby
expressly authorize us to)
disclose any information about you to law enforcement or other government
officials, as we, in our
sole discretion, believe necessary or appropriate in connection with the
investigation and/or
resolution of possible crimes, especially those that may involve personal
injury.
xiii.
We reserve the right, but has no obligation, to monitor the materials posted on
the Platform.
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) shall have the right to remove
or edit any
content that in its sole discretion violates, or is alleged to violate, any
applicable law or either the
spirit or letter of these Terms of Use. Notwithstanding this right, YOU REMAIN
SOLELY RESPONSIBLE
FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE
MESSAGES. Please be advised that such Content posted does not necessarily
reflect TIME TO TIME
ECOMMERCE PVT.LTD.(Deal To Digital) views. In no event shall TIME TO TIME
ECOMMERCE
LIMITED (Deal To Digital) assume or have any
responsibility or liability for any
Content posted or for
any claims, damages or losses resulting from use of Content and/or appearance of
Content on the
Platform. You hereby represent and warrant that you have all necessary rights in
and to all Content
which you provide and all information it contains and that such Content shall
not infringe any
proprietary or other rights of third parties or contain any libellous, tortious,
or otherwise unlawful
information.
xiv.
Your correspondence or business dealings with, or participation in promotions
of, advertisers
found on or through the Platform, including payment and delivery of related
products or services,
and any other terms, conditions, warranties or representations associated with
such dealings, are
solely between you and such advertiser. We shall not be responsible or liable
for any loss or damage
of any sort incurred as the result of any such dealings or as the result of the
presence of such
advertisers on the Platform.
xv.
It is possible that other users (including unauthorized users or ‘hackers’) may
post or transmit
offensive or obscene materials on the Platform and that you may be involuntarily
exposed to such
offensive and obscene materials. It also is possible for others to obtain
personal information about
you due to your use of the Platform, and that the recipient may use such
information to harass or
injure you. We do not approve of such unauthorized uses, but by using the
Platform You
acknowledge and agree that we are not responsible for the use of any personal
information that you
publicly disclose or share with others on the Platform. Please carefully select
the type of information
that you publicly disclose or share with others on the Platform.
xvi.
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) shall have all the rights to
take necessary
action and claim damages that may occur due to your involvement/participation in
any way on your
own or through group/s of people, intentionally or unintentionally in DoS/DDoS
(Distributed Denial
of Services), hacking, pen testing attempts without our prior consent or a
mutual legal agreement.
6.
Account Registration or use of the Platform
a.
Account Registration or use of the Platform
You may access the Platform by registering to create an account (“ TIME TO
TIME ECOMMERCE
LIMITED (Deal To Digital) Account”) and become a member
(“ Membership”); or (c)
you can also
register to join by logging into your account with certain third party social
networking sites (“ SNS”)
(including, but not limited to, Facebook); each such account, a “ Third Party
Account”, via our
Platform, as described below. The Membership is limited for the purpose and are
subject to the
terms, and strictly not transferable. As part of the functionality of the
Platform services, you may link
your TIME TO TIME ECOMMERCE PVT.LTD.(Deal To Digital) Account with Third Party
Accounts, by
either:
aa.
providing your Third Party Account login information to us through the Platform;
or
bb.
providing your Third Party Account login information to us through the Platform;
or
allowing us to access your Third Party Account, as is permitted under the
applicable terms and
conditions that govern your use of each Third Party Account.
b.
You represent that you are entitled to disclose your Third Party Account login
information to us
and/or grant us access to your Third Party Account (including, but not limited
to, for use for the
purposes described herein), without breach by you of any of the terms and
conditions that govern
your use of the applicable Third Party Account and without obligating us to pay
any fees or making us
subject to any usage limitations imposed by such third party service providers.
c.
By granting us access to any Third Party Accounts, you understand that we will
access, make
available and store (if applicable) any content or information that you have
provided to and stored in
your Third Party Account (“ SNS Content”) so that it is available on and through
the Platform via your
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) Account.
d.
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will
be considered to
be your content for all purposes of these Terms of Use.
e.
Depending on the Third Party Accounts, you choose, and subject to the privacy
settings that you
have set in such Third Party Accounts, personally identifiable information that
you post to your Third
Party Accounts will be available on and through your TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) Account on the Platform.
f.
Please note that if a Third Party Account or associated service becomes
unavailable or our
access to such Third Party Account is terminated by the third party service
provider, then SNS
Content will no longer be available on and through the Platform.
g.
We will create your TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) Account for
your use
of the Platform services based upon the personal information you provide to us
or that we obtain via
an SNS, as described above. You may only have one TIME TO TIME ECOMMERCE
PVT.LTD.(Deal To
Digital) Account and not permitted to create multiple accounts. If found, you
having multiple
accounts, TIME TO TIME ECOMMERCE PVT.LTD.(Deal To Digital) reserves right to
suspend such
multiple account without being liable for any compensation.
h.
You agree to provide accurate, current and complete information during the
registration
process and to update such information to keep it accurate, current and complete
i.
We reserve the right to suspend or terminate your TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) Account and your access to the
Services (i) if any information
provided during the
registration process or thereafter proves to be inaccurate, not current or
incomplete; (ii) if it is
believed that your actions may cause legal liability for you, other users or us;
and/or (iii) if you are
found to be non- compliant with the Terms of Use.
j.
You are responsible for safeguarding your password. You agree that you will not
disclose your
password to any third party and that you will take sole responsibility for any
activities or actions
under your TIME TO TIME ECOMMERCE PVT.LTD.(Deal To Digital) Account, whether or
not you have
authorized such activities or actions. You will immediately notify us of any
unauthorized use of your
TIME TO TIME ECOMMERCE PVT.LTD.(Deal To Digital) Account.
k.
Goods and services purchased from the Platform are intended for your personal
use and you
represent that the same are not for resale or you are not acting as an agent for
other parties.
7.
Bookings and Financial Terms
i.
The Platform allows you to place food order bookings and we will, subject to the
terms and
conditions set out herein, enable delivery of such order to you.
ii.
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) do not own, sell, resell on its
own and/or
do not control the Merchants or the related services provided in connection
thereof. You understand
that any order that you place shall be subject to the terms and conditions set
out in these Terms of
Use including, but not limited to, product availability and delivery location
serviceability.
iii.
As a general rule, all food orders placed on the Platform are treated as
confirmed.
iv.
However, upon your successful completion of booking an order, we may call you on
the
telephone or mobile number provided to confirm the details of the order, the
price to be paid and
the estimated delivery time. For this purpose, you will be required to share
certain information with
us, including but not limited to (i) your first and last name (ii) mobile
number; and (iii) email address.
It shall be your sole responsibility to bring any incorrect details to our
attention.
v.
In addition to the foregoing, we may also contact you by phone and / or email to
inform and
confirm any change in the order, due to availability or unavailability or change
in price of the order as
informed by the Merchant. Please note change or confirmation of the order shall
be treated as final.
It is clarified thatTIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) reserves
the right to not to
process your order in the event you are unavailable on the phone at the time we
call you for
confirming the order and such event the provisions of the cancellation and
refund policy below shall
be applicable
vi.
All payments made against the purchases/services on the Platform by you shall be
compulsorily
in Indian Rupees acceptable in the Republic of India. The Platform will not
facilitate transactions with
respect to any other form of currency with respect to the purchases made on
Platform. You can pay
by (i) credit card or debit card or net banking; (ii) any other RBI approved
payment method at the
t
ime of booking an order; or (iii) credit or debit card or cash at the time of
delivery. You understand,
accept and agree that the payment facility provided by TIME TO TIME ECOMMERCE
PVT.LTD.(Deal To
Digital) is neither a banking nor financial service but is merely a facilitator
providing an electronic,
automated online electronic payment, receiving payment on delivery, collection
and remittance
facility for the transactions on the Platform using the existing authorized
banking infrastructure and
credit card payment gateway networks. Further, by providing payment facility,
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) is neither acting as trustees
nor acting in
a fiduciary capacity
with respect to the transaction or the transaction price.
vii.
You acknowledge and agree that we act as the Merchant’s payment agent for the
limited
purpose of accepting payments from you on behalf of the Merchant. Upon your
payment of amounts
to us, which are due to the Merchant, your payment obligation to the Merchant
for such amounts is
completed, and we are responsible for remitting such amounts, to the Merchant.
You shall not,
under any circumstances whatsoever, make any payment directly to the Merchant
for Order
bookings made using the Platform.
viii.
You agree to pay us for the total amount for the order placed by you on the
Platform. We will
collect the total amount in accordance with the terms and conditions of these
Terms of Use and the
pricing terms set forth in the applicable menu listing for the particular
Merchant. Please note that we
cannot control any amount that may be charged to you by your bank related to our
collection of the
total amount, and we disclaim all liability in this regard.
ix.
In connection with your order, you will be asked to provide customary billing
information such
as name, billing address and credit card information either to us or our third
party payment
processor. You agree to pay us for the order placed by you on the Platform, in
accordance with these
Terms, using of the methods described under clause VII (6) above. You hereby
authorize the
collection of such amounts by charging the credit card provided as part of
requesting the booking,
either directly by us or indirectly, via a third party online payment processor
or by one of the
payment methods described on the Platform. If you are directed to our
third-party payment
processor, you may be subject to terms and conditions governing use of that
third party’s service and
that third party’s personal information collection practices. Please review such
terms and conditions
and privacy policy before using the Platform services. Once your confirmed
booking transaction is
complete you will receive a confirmation email summarizing your confirmed
booking.
x.
The final tax bill will be issued by the Merchant to the Buyer along with the
order and TIME TO
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) is merely collecting the
payment on
behalf of such
Merchant. All applicable taxes and levies, the rates thereof and the manner of
applicability of such
taxes on the bill are being charged and determined by the Merchant. TIME TO TIME
ECOMMERCE
PVT.LTD.(Deal To Digital) 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 Merchant.
xi.
The prices reflected on the Platform are determined solely by the Merchant and
are listed
based on Merchant’s information. Very rarely, prices may change at the time of
placing order due to
Merchant changing the menu price without due intimation and such change of price
are at the sole
discretion of the Merchant attributing to various factors beyond control.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to
some technical issue,
typographical error or product information supplied by Merchant be incorrectly
reflected and in such
an event Merchant may cancel such your order(s).
xii.
The Merchant shall be solely responsible for any warrantee/guarantee of the food
products
sold to the Buyers and in no event shall be the responsibility of TIME TO TIME
ECOMMERCE
PVT.LTD.(Deal To Digital).
xiii.
The transaction is bilateral between the Merchant and Buyer and therefore,
TIME TO TIME ECOMMERCE
LIMITED (Deal To Digital) is not liable to charge or
deposit any taxes
applicable on such
transaction.
