TERMS AND CONDITIONS

Last Updated on March 15, 2024

Thank you for opting for HATHME. It is owned and operated by Hathme Trading and Technology Pvt Ltd. This draft is an agreement between you ("users," "customers," "affiliations," "partners'') and Hathme Trading and Technology Pvt Ltd ("Company," "platform," "we," "us," and "our.”) We intend to create awareness among our customers, partners, and other parties about their legal rights and obligations concerning access to our website, application, social handles, and other services.

Please read all the HATHME Terms of Use, Policies, and other applicable statutes carefully before using any HATHME services.

ACCEPTANCE OF TERMS

These conditions, policies, and other terms are implemented for our existing and future customers and business partners. All are bound to proceed further following these terms.

You are hereby acknowledged and informed that by availing of or using HATHME services, you agree to accept our terms of use and policies. If you do not agree to the provisions of this agreement, you may not use the HATHME Services or return any product in violation of any applicable return policy.

SIMPLIFICATIONS

a) Customer ("you" or "your" or "user") is defined as a user of our platform. Anyone who accesses or uses the HATHME Services intending to share, display, host, publish, transact, or upload information, views, or pictures is considered a customer to us.

b) Restaurant refers to our platform's sellers or product/service providers. This may include, but is not limited to, stall owners, shopkeepers, or merchants.

c) Content refers to information, data, photos, videos, locations, reviews, ratings, text or chat communication, or other material shared or uploaded by customers or restaurant partners on the HATHME platform. Also, the graphics, images, description, prices, charts, texts, videos, ratings, codes, reports, or any other media or multimedia created, shared, and made available by HATHME is described as "HATHME Content."

ELIGIBILITY TO USE HATHME SERVICES

a) By accessing and using the services, all the customers and partners attest to their compliance with their country's applicable laws and regulations.

b) All the users of Hathme services are represented and warned that they are at least eighteen (18) years of age and possess the complete understanding and knowledge necessary to comprehend and accept the terms, policies, obligations, affirmations, representations, and warranties included in these documents.

c) Also, the customers, affiliates, and partners know that they will only use the services in a way that complies with these terms and applicable law, and neither ours nor any third party's legal rights are violated.

PROVISIONS OF HATHME SERVICES

To use, access, and proceed further with any of our services, users are requested to acknowledge and agree with our terms, including but not limited to the below-mentioned provisions:

a) To avail of the HATHME platform and services, you must sign up, create an account, and submit the requested details (which may include your personal information). Afterwards, you are solely responsible for managing the confidentiality of your account activities and password.

b) Make sure to submit all the information correctly, complete, authentic, and true to your knowledge.

c) You are solely responsible for managing and keeping track of your account activities. You agree to inform us immediately in case of any unauthorised event happening with it.

d) You agree that we may record your telephonic communication on the HATHME platform. This is our value-added telephony service to avoid money laundering, fraud, and unlawful activities.

e) You agree to use HATHME services in the manner and for the purposes that are permitted by our terms and policies.

Kindly read all the terms carefully; if you do not agree with any of our provisions, you should not use or access any of our services in any manner.

LICENCE AND ACCESS

Clause a): All the HATHME'S content and proprietary rights are built and obliged by these terms. As per that, we grant our customers to use our services for personal and non-commercial use as expressly permitted in these terms. No customer can use our services unlawfully, for any illegal purposes, or in any manner inconsistent with these terms. Any violation of this licence and access terms may lead to account deletion or termination of using our services.

Clause b): To access the HATHME platform or avail of any of our services, we ask our customers to submit their details (which may include their personal information like name, email, contact details, profile picture, IP address, etc.) Under our terms and policies, we legally reserve the right to use our customer's information or content. In case you do not agree with our terms, you may stop using our website, application, and other platform services immediately.

[Here, by "use of information" in both clauses, we mean using, transmitting, displaying, copying, distributing, translating, and paraphrasing content.]

PRICE ALTERATION

The HATHME strives to ensure that all product & service prices offered for purchase are accurate and true. However, the prices of some orders may occasionally not be up to date or may be erroneous due to technical problems or inaccurate product information provided to us by third-party sellers. HATHME reserves the right to cancel the order in these circumstances, notwithstanding anything.

No products or services offered on the marketplace will be sold at a price greater than their MRP (Maximum Retail Price). However, subject to the aforementioned, the price specified when ordering a product shall be the price charged at the time of delivery.

THIRD-PARTY LINKS

You may find some materials or links to content owned by external parties, like third-party dining establishments, and food delivery/ordering services. Please be aware that the terms of service and privacy policies that apply to the relevant third-party materials or contents will be controlled by those parties. We may provide company names, phone numbers, and other contact details from outside suppliers for your reference.

Regarding any such product, service, advertisement, or other content that appears in or is linked to the Services, we have no control over it, nor do we make any representations or endorsements regarding its correctness, relevancy, copyright compliance, legality, completeness, timeliness, or quality before or after listing them on our service. However, we reserve the right to improve, make changes, or correct any omission or error in any portion of such contents at our sole discretion without any obligation

Please read all the terms carefully before indulging in any such activities; you further acknowledge and agree that HATHME is not obliged or liable for any loss or damage incurred through such external links, contents, or materials.

INDEMNIFICATION

In the event of issues arising from a breach of any warranty, representation, or undertaking in the user agreement or a violation of any law, you agree to defend, indemnify, and hold harmless us, our employees, directors, officers, and agents (including but not limited to intellectual property rights, payment of statutory dues and taxes, claims of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers, and infringement of intellectual property or other rights). This clause will remain in effect even if this user agreement expires or is terminated.

COPYRIGHT INFRINGEMENT

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HATHME disclaims all liability for any copyright infringement resulting from content uploaded, items advertised, or materials shared via our website/application or products promoted on our platform, whether from customers, partners, or third parties.

We respect the intellectual property rights of others and expect the same from all our users. On finding a violation or infringement of others' copyright, we may remove or restrict access to such contents/materials at our discretion. We also may remove or turn off links or references to an online location that contains infringing material or infringing activity. If any customers of the services repeatedly infringe on others' copyrights, we may terminate those individual's rights to access our services at our sole discretion.

YOU HEREBY AGREE TO PROTECT ALL THE HATHME'S CONTENT (LOGOS, SERVICE MARKS, TRADEMARKS, NAMES, COPYRIGHTS, INCLUDING BUT NOT LIMITED TO TRADE DRESS, ETC.) AND PROPRIETARY RIGHTS DURING AND AFTER THE TERM OF THIS AGREEMENT.

CUSTOMER REVIEWS AND RATINGS

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HATHME is a neutral platform that does not intend to mislead customers in any manner. Customers' reviews and ratings are their feedback and expressions towards food, products, or restaurants and do not reflect the opinion of HATHME. Similarly, if you find promotional content, materials, or advertisements on the HATHME platform, they are independently reviewed or published by the advertisers.

IT IS PERTINENT TO STATE EVERY SINGLE REVIEW AVAILABLE ON THE HATHME PLATFORM REPRESENTS THE CUSTOMER'S PERSONAL OPINION ONLY.

Suppose any restaurant finds inappropriate feedback or reviews that infringe on its terms and policies or harm its market reputation. In that case, they should communicate with the reviewer to sort that out. The restaurant may contact us via email at [email protected] to report any violations of HATHME's policies that it feels a specific customer's review may have violated. If a review violates the Terms, the content guidelines, and regulations or is detrimental to the Services in any other way, HATHME has the right, in its sole discretion, to remove it.

ORDER CANCELLATION POLICY

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We urge you to examine the condition of the delivered orders. Per our general policies and terms, they cannot be cancelled once the orders are placed. Yet the users are entitled to cancel the placed order within 1 minute (60 seconds) here. However, we also track the order history of our users; on finding the cancellation of orders more than once previously or the suspension of the user's account, we do not offer post-cancellation service to particular users, even if they have cancelled the order within 1 minute.

REFUND POLICY

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The users availing goods or services from HATHME will be entitled to a refund on prepaid products. We provide 100% of the refund on products to the buyers who cancel their orders within 60 seconds (1 minute) after placing the order. The transaction to refund the amount can take up to 7 working days. However, while refunding the amount, we track and verify the entire history details ordered from the account, on finding order cancellations frequently, we may deduct the charges.

PLEASE NOTE THAT NO REFUND OR OTHER RESOLUTION WILL BE PROVIDED TO THE CUSTOMERS WITHOUT RESTAURANT PARTNERS'/STORE'S PERMISSION. In case we find suspicious activities, fraud, or enormous irrelevant actions including, but not limited to unacceptable customer behaviour, we reject the refunding amount to such customers. Also, we only refund the orders already dispatched or delivered to the customer's residential address through us if the issue is directly attributable to our delivery services.

All the customers are requested to read the policies, terms, and conditions to understand the statutory implementation. You may directly contact us in case of any query/concern or issue related to our services.

RETURN POLICY

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HATHME or any of its team members are not responsible for any damage or loss that occurs before, during, or after delivery and results in a special return or exchange carried out by the customer or the restaurant. Moreover, we are not liable to return any order placed by the customers in any circumstances. Please read our policies, terms, and conditions to understand the statutory implementation.

SHIPPING POLICY

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We determine the shipping charges based on the distance between the initial dispatch and delivery locations. It might or might not change due to some inescapable climatic variables that exist before, during, and after the moment of product delivery. To avoid fraudsters and imposters, we offer on-delivery services only to customers placing orders of more than 500 INR.

MODIFICATION

You are informed that the HATHME team reserves the right to change, update, or modify the policies at any time entirely at its discretion, considering the inner and outer circumstances, without prior notice. We urge all customers to read each HATHME policy carefully before availing of any of our services and keep themselves updated with these terms from time to time.

continuous use of applications or services will be deemed their acceptance of our amended/ modified terms of use.

TERMINATION

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The user agreement is effected and implemented until and unless terminated by the customer or the platform. The users or customers may delete their accounts and terminate all further usage of HATHME services.

We reserve the right to stop your use of the Services and prevent you from accessing them for any reason or no reason at all, including your breach of these terms or failure to use the Services appropriately. You understand and agree that we may immediately deactivate or delete your account and all related information and block any further access to your account or the Services at our sole discretion without any prior notice.

LAW AND DISPUTE RESOLUTION

Although we deliver goods and services Hathme Trading and Technology Pvt Ltd. is no manufacturer or product-selling corporation. We function as a mediator between the customer and the restaurant to help the customers and merchants meet together. Based on the buyer and seller agreement, we facilitate our users with goods and services sale and purchase attributes. HATHME or any of our team members won't be held responsible for any actions or inactions by the seller(s) or merchant partner(s) or store(s), including poor service, improper order delivery or order mismatch, quality, inappropriate pricing, insufficient amount, including but not limited to delay in preparing or delivering the order.

We are not responsible for any mistakes or omissions made by customers, restaurants, or third parties.

DISCLAIMER

You give cognizance and accept that you are accessing HATHME services on the website/application and conducting the transaction at your own risk and discernment before availing of any HATHME goods or services. The Company does its best to display available goods concerning their colour, shape, and appearance as accurately as possible. However, HATHME does not guarantee the exactness of the product's pictorial description on your mobile phone/computer screen while delivering the product.

The Company does not make any representation or warranties regarding the products available on the marketplace, nor does the Company implicitly or explicitly support or endorse the sale or purchase of any products. We at HATHME do not provide any warranty/guarantee for the product's availability 24/7 (also, this is subject to availability in the marketplace). We also do not take any responsibility for any error, inaccuracy, or omission of information received from a third party to us and provided to you.

GRIEVANCE REDRESSAL

For customers who live in India, the grievance redressal mechanism and the Grievance Office's contact information are provided above by the Information Technology Act, 2000, the Consumer Protection Act 2019, and the regulations made thereunder.

In case of any concern or query, kindly contact us at p [email protected]

Please note that Hathme trading and Technology Pvt Ltd. does not ask or request to share confidential information such as OTP/ PIN Number/ CVV/ or other Card numbers via phone call, mail, text messages, or any other means. Kindly refrain from disclosing this information to cyber attackers, imposters, and fraudsters claiming to be HATHME representatives. You must immediately report such suspicious activities to p [email protected]