Our Terms and Conditions
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.aduppadiyumpothichorum.com
website and Pre-booking application for mobile and handheld devices.
TERMS OF USE
These terms of use (the "Terms of Use") govern your use of our website
www.aduppadiyumpothichorum.com (the "Website") and our Pre-booking Application (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
Aduppadi Foods and you signify your acceptance to this Terms of Use and other Aduppadi
Foods policies (including but not limited to the Cancellation & Refund Policy, Privacy
Policy) as posted on the Platform and amended from time to time, which takes effect on the
date on which you download, install or use the Platform, and create a legally binding
arrangement to abide by the same.
For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or
“User” shall mean any natural or legal person who shall transaction on the Platform by
providing registration data while registering on the Platform as a registered user using any
computer systems. The terms "Aduppadiyum Pothichorum", "we", "us" or "our" shall mean
Aduppadi Foods.
Aduppadi Foods enables transactions on its Platform between participating cooks and buyers,
dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and
services ("Platform Services"). The buyers ("Buyer/s") can choose and place orders
("Orders") from a variety of products and services listed and offered for sale by various cooks
on the Platform.
Aduppadi Foods enables delivery of such Orders or completion of Tasks at select localities of
serviceable cities across Chennai ("Delivery Services") by connecting third party service
providers i.e. pick-up and delivery partners (“PDP”) who will be responsible for providing
the pick-up and delivery services and completing Tasks initiated by the users of the Platform
(Buyers or Cooks). The Platform Services and Delivery Services are collectively referred to
as "Services". For both Platform Services and Delivery Services, Aduppadi Foods is merely
acting as an intermediary between the Cooks and Buyers and/or PDPs and Buyers/Cooks.
PDPs are individual entrepreneurs engaged with Aduppadi Foods on a voluntary, non-
exclusive and principal to principal basis to provide aforementioned services for service fee.
PDPs are independent contractors and are free to determine their timings of work. Aduppadi
Foods does not exercise control on the PDPs and the relationship between the PDPs and
Aduppadi Foods is not that of an agent and principal or employee and employer.
For the pickup and delivery services and completing the Tasks, PDPs may charge the users of
the Platform (Buyers or Cooks), a service fee (inclusive of applicable taxes whenever not
expressly mentioned) determined on the basis of various factors including but not limited to
distance covered, time taken, demand for delivery services/Tasks, real time analysis of traffic
and weather conditions, seasonal peaks or such other parameters as may be determined from
time to time.
USE OF PLATFORM AND SERVICES
All commercial/contractual terms are offered by and agreed to between Buyers and Cooks
alone with respect to products and services being offered by the Cooks. The
commercial/contractual terms include without limitation price, applicable taxes, shipping
costs, payment terms, date, period and mode of delivery, warranties related to products and
services and after sales services related to products and services.
General terms of use:
Only individuals who are 18 years of age or older may use the Services. If you are under 18
years of age and you wish to download, install, access or use the Services, your parents or
legal guardian must acknowledge and agree to the Terms of Use and Privacy Policy. Should
your parents or legal guardian fail to agree or acknowledge the Terms of Use and Privacy
Policy, you shall immediately discontinue its use.
If you choose to use the Services, it shall be your responsibility to treat your user
identification code, password and any other piece of information that we may provide as part
of our security procedures as confidential and not disclose the same to any person or entity
other than us (“Third Party”). We shall at times and at our sole discretion reserve the right to
disable any user identification code or password if you have failed to comply with any of the
provisions of these Terms of Use.
As we are providing services, we have complied with applicable laws of India in making the
Services and its content available to you. In the event the Services is accessed from outside
India or outside our delivery zones, it shall be entirely at your risk. We make no
representation that the Services and its contents are available or otherwise suitable for use
outside. If you choose to access or use the Services from or in locations, you do so on your
own and shall be responsible for the consequences and ensuring compliance of applicable
laws, regulations, bylaws, licenses, registrations, permits, authorizations, rules and
guidelines.
You shall at all times be responsible for the use of the Services through your computer or
mobile device and for bringing these Terms of Use and Privacy Policy to the attention of all
such persons accessing the Services on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a
computer or mobile device or other necessary equipment to access it. You also understand
and acknowledge that the use of the Services requires internet connectivity and
telecommunication links. You shall bear the costs incurred to access and use the Services and
we shall not, under any circumstances whatsoever, be responsible or liable for such costs.
You agree to receive promotional SMS / email alerts from Aduppadi Foods or allied partners.
In case you wish to opt out of receiving promotional SMS’s please send a mail to
support@aduppadiyumpothichorum.com.
By using the Services you represent and warrant that:
All registration information you submit is truthful, lawful and accurate and that you agree to
maintain the accuracy of such information.
Your use of the Services shall be solely for your personal use and you shall not authorize
others to use your account, including your profile or email address and that you are solely
responsible for all content published or displayed through your account, including any email
messages, and your interactions with other users and you shall abide by all applicable local,
state, national and foreign laws, treaties and regulations, including those related to data
privacy, international communications and the transmission of technical or personal data.
You will not submit, post, upload, distribute, or otherwise make available or transmit any
content that: (a) is defamatory, abusive, harassing, insulting, threatening, or that could be
deemed to be stalking or constitute an invasion of a right of privacy of another person; (b) is
bigoted, hateful, or racially or otherwise offensive; (c) is violent, vulgar, obscene,
pornographic or otherwise sexually explicit; (d) is illegal or encourages or advocates illegal
activity or the discussion of illegal activities with the intent to commit them.
All necessary licenses, consents, permissions and rights are owned by you and there is no
need for any payment or permission or authorization required from any other party or entity
to use, distribute or otherwise exploit in all manners permitted by these Terms of Use and
Privacy Policy, all trademarks, copyrights, patents, trade secrets, privacy and publicity rights
and / or other proprietary rights contained in any content that you submit, post, upload,
distribute or otherwise transmit or make available.
You will not (a) use any services provided by the Services for commercial purposes of any
kind, or (b) advertise or sell any products, services or otherwise (whether or not for profit), or
solicit others (including, without limitation, solicitations for contributions or donations) or
use any public forum for commercial purposes of any kind.
You will not use the Services in any way that is unlawful, or harms us or any other person or
entity, as determined in our sole discretion.
You will not post, submit, upload, distribute, or otherwise transmit or make available any
software or other computer files that contain a virus or other harmful component, or
otherwise impair or damage the Services or any connected network, or otherwise interfere
with any person or entity’s use or enjoyment of the Services.
You will not use another person’s username, password or other account information, or
another person’s name, likeness, voice, image or photograph or impersonate any person or
entity or misrepresent your identity or affiliation with any person or entity.
You will not engage in any form of antisocial, disrupting, or destructive acts, including
“flaming,” “spamming,” “flooding,” “trolling,” and “griefing” as those terms are commonly
understood and used on the Internet.
You will not delete or modify any content of the Services, including but not limited to, legal
notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos,
that you do not own or have express permission to modify.
You will not post or contribute any information or data that may be obscene, indecent,
pornographic, vulgar, profane, racist, sexist, discriminatory, offensive, derogatory, harmful,
harassing, threatening, embarrassing, malicious, abusive, hateful, menacing, defamatory,
untrue or political or contrary to our interest.
You shall not access the Services without authority or use the Services in a manner that
damages, interferes or disrupts:
any part of the Services or the Services software; or
any equipment or any network on which the Services is stored or any equipment of any Third
Party .
Access to the Services, Accuracy and security
We endeavour to make the Services available to during Vendor working hours. However, we
do not represent that access to the Services will be uninterrupted, timely, error free, free of
viruses or other harmful components or that such defects will be corrected.
We do not warrant that the Services will be compatible with all hardware and software which
you may use. We shall not be liable for damage to, or viruses or other code that may affect,
any equipment (including but not limited to your mobile device), software, data or other
property as a result of your download, installation, access to or use of the Services or your
obtaining any material from, or as a result of using, the Services. We shall also not be liable
for the actions of third parties.
We do not represent or warranty that the information available on the Services will be
correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Services to you personally, or to all
users temporarily or permanently at any time without notice.
Relationship with operators if the Services is accessed on mobile devices
In the event the Services is accessed on a mobile device, it is not associated, affiliated,
sponsored, endorsed or in any way linked to any platform operator, including, without
limitation, Apple, Google, Android or RIM Blackberry (each being an “Operator”).
Your download, installation, access to or use of the Services is also bound by the terms and
conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and us only,
and not with an Operator, and we, not those Operators, are solely responsible for the Services
and the content thereof to the extent specified in these Terms of Use.
The license granted to you for the Services is limited to a non-transferable license to use the
Services on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to
the Services as required under applicable law. You and we acknowledge that an Operator has
no obligation whatsoever to furnish any maintenance and support services with respect to the
Services.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing
any claims of you or any Third Party relating to the Services or your possession and/or use of
the Services, including, but not limited to: (i) any claim that the Services fails to conform to
any applicable legal or regulatory requirement; and (ii) claims arising under consumer
protection or similar legislation.
You and we acknowledge that, in the event of any Third Party claim that the Services or your
possession and use of the Services infringes that Third Party’s intellectual property rights,
we, not the relevant Operator, will be solely responsible for the investigation, defence,
settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable Third Party terms of agreement when using the
Services (e.g. you must ensure that your use of the Services is not in violation of your mobile
device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator’s
subsidiaries, are Third Party beneficiaries of these Terms of Use, and that, upon your
acceptance of these Terms of Use, that Operator will have the right (and will be deemed to
have accepted the right) to enforce these Terms of Use against you as a Third Party
beneficiary thereof.]
Disclaimers
THE SERVICES MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS
AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION
OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING
INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE
DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE
SERVICES OR DELAY OR ERRORS IN FUNCTIONALITY OF THE SERVICES. AS A
RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS
CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A
CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE
SERVICES. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH
SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO
FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU
ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY
REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S
SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH
THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR
RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU
OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND
CLAIMS YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S /
VENDORS SERVICES.
WHILE THE MATERIALS PROVIDED ON THE SERVICES WERE PREPARED TO
PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED,
THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE
AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES,
REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED
OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE,
QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT,
IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO
EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR
OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING
THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR
COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR
THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED
UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM
DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED
ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER
SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES
THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS,
BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES
FROM ANY KIND OF PROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR
INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON
THE SERVICES. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES,
AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT
CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT
LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR
EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL
INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS,
LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES
PROVIDED BY ANY THIRD PARTY OR VENDOR ACCESSED THROUGH THE
SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY
OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES.
Treatment of information provided by you
We process information about you in accordance with our Privacy Policy.
You hereby grant to us an irrevocable, royalty-free, worldwide, assignable, sub-licensable
licence to use any material which you submit to us on the Services for the purpose of use on
the Services or for our generally marketing (by any means and in any media, including, but
not limited to, on our website or in our journals) our services. You agree that you waive your
moral rights to be identified as the author and we may modify your submission.
Severability
If any of these terms should be determined to be illegal, invalid or otherwise unenforceable
by reason of the laws of any state or country in which these terms are intended to be
effective, then to the extent and within the jurisdiction which that term is illegal, invalid or
unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive,
remain in full force and effect and continue to be binding and enforceable.
Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and
us to any other person.
Governing law and dispute resolution
These Terms of Use are governed by the laws of India. Any action, suit, or other legal
proceeding, which is commenced to resolve any matter arising under or relating to this
website, shall be subject to the jurisdiction of the courts at Chennai, India.