Terms and Conditions

Terms and Conditions

This document is an electronic record in compliance with the Information Technology Act, 2000 and the Rules and Regulations framed thereunder, as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This electronic record is generated by a computer system and does not require any physical or digital signatures.

Please read the following terms and conditions carefully before browsing, downloading, registering, accessing or using the application as defined below. By accessing, registering on or using the Website or by using the Services as defined below, you agree to be bound by the terms and conditions set forth below including any additional guidelines and future modifications thereto. If, at any point of time, you do not agree to these terms and conditions or do not wish to be bound by any of these terms and conditions, you may not access or use the Website and immediately terminate your use of the services.

Your Agreement to these Terms and Conditions for availing Service These Terms and Conditions (as may be amended from time to time, the "Agreement" or “Terms”) constitute a legal contract between You being, an individual User, User, or beneficiary of at least 18 years of age (“You” or “User”), and "KARTOFFEL TECHNOLOGIES LLP" (“VDELIVR”) Having its

Registered office

At 2/63,1 st Cross, Ganesh Nagar,

Kattur,

Tiruchirappalli - 620019.

Terms of Use:

Kartoffel Technologies LLP is a logistics company, which owns and operates the website, namely, “www.vdelivr.com” (“Website”), facilitating the Users (as defined above), by providing a platform, to use the service provided by VDelivr. VDelivr is a web and call based on-demand and subscription based marketplace where, on its Platform You are provided access to the Services provided. VDelivr does not warrant or take any responsibility or liability in respect of the Services offered by Service Provider, nor does it assert any rights or claims over the Services offered by Service Provider to the User.

On confirming to the present terms and conditions, the Privacy Policy and additional rules, regulations, policies and guidelines introduced by VDelivr from time to time, you would be provided to access the services of the Listed Service Providers. In accessing and using the application/ Website, You agree to the Terms and Conditions, Privacy Policy and other policies of VDelivr as posted on the platform from time to time.

VDelivr enables transactions between restaurants and buyers, dealing in prepared food and beverages. These buyers can place order through the website from the products listed and VDelivr enables delivery of their orders at serviceable localities across Tiruchirappalli. The Platform Services and Delivery Services are collectively referred to as “Services”.

Amendments:

The Terms of Use and Terms of Conditions are subject to changes from time to time. VDelivr reserves the right to modify or change the different policies at any time. You shall be liable to update to such changes. By accepting to Terms of Use, you accept to agree to also accept and agree VDelivr’s Terms and Conditions and other policies on the platform.

Personal Information

"KARTOFFEL TECHNOLOGIES LLP" is the owner of the brand VDelivr and the website vdelivr.com (”The Website”). VDelivr respects your privacy. This Privacy Policy provides concisely the manner your data is collected and used by VDelivr on the Site. As a visitor to the Site/ Customer you are advised to please read the Privacy Policy carefully. By accessing the services provided by the Site you agree to the collection and use of your data by VDelivr in the manner provided in this Privacy Policy.

Services overview

As part of the registration process on the Site, VDelivr will collect the following personal information about you: Name, Address, Landmark, Mobiles Number, email address, e-mail address, pincode and information about how you knew about us.

Eligibility to Use

By accessing the present Website, You represent that You are at least 18 (eighteen) years of age and have not been previously suspended or prohibited from accessing the Platform or otherwise availing the Services through the Website. You represent and warrant that You have the right legal and mental capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

Your Registration and Account Obligations

All customers have to register and sign in for placing orders on vdelivr.com. By agreeing to Terms and conditions the customer agrees to receive promotional e-mails and SMSs at regular intervals of time. Customers should contact the listed numbers to Unsubscribe to the promotional e-mails and SMSs. You shall be solely responsible for maintaining the confidentiality of Your assigned Customer ID and Password and shall be responsible for all activities that occur under Your Customer ID and Password. You agree that if You provide any information that is inaccurate, false or incomplete or we have sufficient reasonable evidence or grounds to suspect that such information is inaccurate, false or incomplete or not in accordance with the this Terms of Use, We shall have the right to indefinitely suspend or terminate or block access of Your membership on the Website and refuse to provide You with access to the Platform.

Privacy Policy

VDelivr has established a Privacy Policy that explains to Users how their information is collected and used. Your use of this Website is governed by the Privacy Policy along with the terms stated. The Privacy Policy can be accessed at *to be mentioned*.

Pricing and Payment

  • 1. Any contract for the service is between You and the participating restaurant through VDelivr’s website

  • 2. All the prices listed on the website are true at the time of publication and are as received by from the restaurants

  • 3. We reserve the rights to modify the goods and services available for sale on the website.

  • 4. All the prices for delivery by VDelivr listed on the site are correct at the time of publication.

  • 5. We reserve the right to alter the delivery prices in the future

  • 6. The total price for the goods and service will be displayed on the website at the checkout. A detailed invoice will be sent by mail after the order is delivered.

  • 7. Full payment must be made for the goods and services availed through the platform.

  • 8. Payment methods available are online payment (Net Banking and Credit/Debit Card) and Cash on Delivery.

Delivery

  • Delivery period mentioned on the website at the time of ordering are tentative. They may vary based on onfield conditions.

  • VDelivr will take great care to deliver in a timely manner. VDelivr doesn’t take the responsibility for late deliveries.

  • In case of the order being delivered late due to some unavoidable reasons, VDelivr will neither be voided nor refund the collected delivery charges

  • The address of delivery cannot be changed once the order is placed.

  • If You fail to accept the delivery or we are unable to deliver the order due to your failure to provide appropriate information, then all such goods are deemed to be delivered.

Ordering

  • The order can be placed only until 6pm on everyday, any orders after 6pm is subject certain conditions.

  • Cancellation of orders won’t be entertained after 5:30pm , so order after 5:30 pm are not subject to cancellation.

  • All orders should be made through the website. No telephone orders will be accepted

Cancellations and Refund

  • Orders cannot be cancelled after 17:30 Hrs. In case of cancellation, refund of the payment will not be made.

  • Order cancellation can be made till 17:30 Hrs. Beyond which the order is considered delivered.

  • Once the cancellation is initiated, your order isn’t cancelled until you get a confirmation message on the same.

  • During the cancellation procedure, the customer is requested to fill in the reason for cancellation. The sole purpose of this is to improve our service.

  • If the payment was done online through our payment gateway, the money will be refunded to the same account/wallet within 24 hours from the time of cancellation.

  • In the unlikely event of an item being unavailable, our team will get in contact with you through the phone number you have provided us. In such a case you will be entitled to change the order according to the availability of an item (replace it with another item). If the new items price is different from the original price of the unavailable item, the variable amount will be added/subtracted.

  • We have the rights to cancel the order under the following circumstances:

    • If the delivery address falls outside the delivery zone offered by us

    • Failure to deliver your order due to lack of information, direction or authorisation from you at the time of delivery

    • If the delivery person is unable to contact you during the time of delivery

    • If all the items ordered by you are unavailable at the time of booking

Ownership; Proprietary Rights

All rights, including copyright, in the content Platform are owned or controlled for these purposes by VDelivr. Except where expressly stated otherwise, you are not permitted to do any derivative work, copy, download, store (in any medium), transmit, broadcast, show or display in public, adapt or change in any way the content of the Platform , web pages for any other purpose whatsoever without the prior written permission of VDelivr. Use for any other purpose is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible under applicable law. Any other rights, not expressly granted herein, are reserved.

he Website App includes a combination of content that VDelivr creates, that our partners or licensors or associates create, and that the User may create. All materials published on the Website including, but not limited to software(s), advertisement(s), written content, views, reviews, photographs, graphics, images, illustrations, marks, logos, sound or video clips, and Flash animation, are protected by our copyrights or trademarks or those of our partners or licensors or associates. You are not permitted to copy, modify, publish, transmit, reproduce, create derivative works of, distribute, publicly perform or display, or in any way exploit any of the materials or content on the websites in whole or in part. Without prejudice to the above, VDelivr may share Your Content with the Listed Service Providers, in order to facilitate the provision of the Services to You or otherwise performing our obligations under this Agreement. Further, VDelivr may also disclose Your Content, in case VDelivr reasonably believes that disclosure is: (i) is necessary in order to comply with a legal process (such as a court order, search warrant, etc.) or other legal requirement of any governmental authority; (ii) would potentially mitigate VDelivr’s liability in an actual or potential lawsuit; (iii) is otherwise necessary or appropriate to protect our rights or property, or the rights or property of any person or entity; (iv) to enforce this Agreement (including, but not limited to ensuring payment of fees by Users); or (v) as may be required or necessary to deter illegal behaviour (including, but not limited to, fraud).

If you find any contents or materials published on our sites as obscene, offensive, indecent, racial, hatred to religion or objectionable or that is inaccurate, you will refrain from use of the materials or contents and shall bear all risks associated with using that content. You unequivocally agree not to publish or post such material in Your Content. We have the right, but not the obligation, to remove any content that may, in our sole discretion, violate these Terms or that is otherwise objectionable. All names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website belonging to any person, entity or third party are recognized as proprietary to the respective owners and any claims, controversy or issues against these names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights must be directly addressed to the respective parties under notice to us. You irrevocable confirm and undertake that VDelivr shall not be liable for any claims, expenses and liabilities for display or use of the names, logos, marks, labels, trademarks, copyrights or intellectual and proprietary rights on the Website under license or rights or affiliation with the said person, entity or third party.

Indemnification

You agree to indemnify, save, and hold VDelivr, its promoters, its directors, its affiliates, contractors, service providers, employees, officers, agents and its third party suppliers, licensors, and partners harmless from any and all claims, losses, damages, and liabilities, costs and expenses, including without limitation legal fees and expenses, arising out of or related to Your use or misuse of the Services or of the Platform any violation by You of this Agreement, or any breach of the representations, warranties, and covenants made by You herein. We reserve our right, at Your expense, to assume the exclusive defence and control of any matter for which You are required to indemnify VDelivr, including rights to settle, and You agree to cooperate with VDelivr's defence and settlement of these claims. VDelivr will make reasonable efforts to notify You of any claim, action, or proceeding brought by a third party that is subject to the foregoing indemnification upon becoming aware of it. This paragraph shall survive termination of this Agreement.

Termination of Agreement

Termination by VDelivr: You agree that VDelivr`, in its sole discretion, for any or no reason, and without penalty, may suspend or terminate Your account (or any part thereof) or Your use of the Services and remove and discard all or any part of Your account, at any time without assigning any reason. VDelivr may also in its sole discretion and at any time discontinue providing access to the Services, or any part thereof, with or without notice. You agree that any termination of Your access to the Services or any account You may have or portion thereof may be effected without prior notice, and You agree that VDelivr will not be liable to You or any third party for any such termination. Any suspected fraudulent, abusive or illegal activity may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies VDelivr may have at law or in equity. Upon termination for any reason, You agree to immediately stop using the Services.

Use of Platform

You understand that except for information, products or services clearly indicated as being supplied through our Platform, we do not operate, control, or endorse any information, products or Services in anyway. Additionally, You are responsible for implementing procedures and necessary control systems on your devices, to satisfy Your particular requirements and to protect your systems and for ensuring accuracy of data input and output.

Prohibition of Use of Services

By using the Services provided through our Platform, You agree not to:

Engage in any behaviour which is in violation of any law in force;

impersonate any other person or entity, falsely claim or otherwise misrepresent an affiliation with any person or entity, or access the accounts of others without permission, forge another persons' digital signature, misrepresent the source, identity, or content of information transmitted via the Services, perform any other similar fraudulent activity or otherwise purchase recharge with what we reasonably believe to be potentially fraudulent funds;

infringe or try to infringe our or any third party's intellectual properties including but not limited to patent, trademark, copyright or other proprietary rights;

host, display, upload, modify, publish, transmit, update or share any message / information which is libelous, defamatory or which discloses private or personal matters concerning any person;

host, display, upload, modify, publish, transmit, update or share any message, data, image or program which is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, paedophilic, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner;

refuse to cooperate in an investigation or provide confirmation of Your identity or any other information You provide to VDelivr if required by any law enforcement, legal or government agencies;

make or seek to make payment to the Service Provider other than through the Payment Mechanism approved by VDelivr;

remove, circumvent, disable, damage or otherwise interfere with security-related features of the Services and the Platform or features that prohibit access to the Platform or the services in any manner or enforce limitations on the use of the Services;

reverse engineer, disassemble or otherwise attempt to discover or discover the source code of the Platform or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;

use the Services in any manner that could damage, disable, overburden, or impair it, including, without limitation, using the Services in an automated manner;

modify, adapt, translate or create derivative works based upon the Services and the Website or any part thereof, except and only to the extent that such prohibition is expressly prohibited by applicable law notwithstanding this limitation;

intentionally interfere with or damage operation of the Services or any other User's enjoyment of it, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code or file with contaminating or destructive features;

use any automated process, robot, spider, other automatic devices, or manual process’ to monitor, to hinder performance of or copy the Platform without prior written permission;

use the services, facilities and capabilities of the Platform to conduct any illegal activity or solicit the performance of any illegal activity or other activity which infringes the rights of others or is legally prohibited;

breach this Agreement and terms and conditions thereof or any other VDelivr rule, regulation or policy, as introduced from time to time;

provide incomplete, false, inaccurate, or misleading information; make any purchase of services, what VDelivr has reasonable grounds to believe to be, potentially fraudulent funds;

use the Services in a manner that results in or may result in complaints, disputes, reversals, chargebacks, fees, fines, penalties and other liability to VDelivr, a third party or You;

use the Platform to collect or obtain personal information, including without limitation, financial information, about other Users of the Website;

use the Services in a manner that VDelivr or any payment card network reasonably believe to be an abuse of the Payment System or a violation of payment card network rules;

take any action that may cause VDelir to lose any of the Services from its Service Providers, utility companies, payment processors or other suppliers;

hold liable VDelivr for any Services provided by the Service Provider including but not limited anything that arises from the use of such Services or loss of belongings and assets at the Service Providers premises, or any security related issues;

directly or indirectly engage in any behaviour which threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or of public order or entice religious sentiments; and post anything racial, derogatory or libellous in nature.

Entertain any direct offers from the Vendors and in the event of such an event happening, inform VDelivr immediately.

Directly or indirectly approach the Vendors and seeks for any benefits except through VDelivr Platform. Liability in case of Failed Payments VDelivr assumes no responsibility and shall incur no liability direct or implied if the User is unable to affect any Payment Instruction(s), when owing to any one or more of the following circumstances: In case the payment Instruction(s) issued by You is/are inaccurate, invalid, incomplete, and delayed;

If the transaction is declined due to insufficient funds in your account;

If the account has funds but are under any lien, encumbrance or charge;

If Your Bank refuses or delays honouring the Payment Instruction(s);

If payment is not processed by biller upon receipt; and

Circumstances beyond the control of VDelivr or ‘Force Majeure’ (including, but not limited to, fire, flood, natural disasters, bank strikes, power failure, systems failure like computer or telephone lines breakdown due to an unforeseeable cause or interference from an outside force).