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GoGrab Terms of Use


Your use of a GoGrab website www.gograb.in AND/OR http://m.gograb.in/ (hereinafter referred to as "GoGrab Site") and services and tools are governed by the following terms and conditions as applicable to GoGrab Site. If you transact on GoGrab Site, you shall be subject to the policies that are applicable to the website for such transaction. By mere use of the website you shall be contracting with AnyCommerce Chennai Pvt Ltd, a company registered with Central Board of Excise and Customs, and complies with conditions prescribed in Chapter V of the Finance Act, 1994 read with the Service Tax Rules, 1994, with registered office at AnyCommerce Chennai Pvt Ltd, No.1, Kamakshipuram 2nd Street, West Mambalam, Chennai 600033. and these terms and conditions constitute your binding obligations.


For the purpose of these terms of use, wherever the context so require You shall mean any natural or legal person who has either agreed to become a member of GoGrab Site service offering by providing Registration Data while registering on the GoGrab Site as Registered User OR as Guest to use GoGrab Site without registering and just making use of the services offered by the GoGrab Site.


When you use any of the services provided by GoGrab Site, including but not limited to, you will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they shall be deemed to be incorporated into this Terms of Use and shall be considered as part and parcel of this Terms of Use. GoGrab Site reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes.


ACCESSING, BROWSING OR OTHERWISE USING THE GOGRAB SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING


Description of Service


The GoGrab Site currently provides users, with, access to Ordering Food Online for Door Delivery and Take Away AND Table Reservation with restaurant /hotels /caterers and related service providers who have signed up a contract with AnyCommerce Chennai Pvt Ltd for the product GOGRAB. GoGrab Site provides capabilities for users to place food orders online AND also reserve a table on the site that is being forwarded to respective service providers (restaurants) and executed and delivered by 3rd parties , who in this case are the the partnered restaurants / hotels / caterers. The Service (or parts of it), at GoGrab Site , may be accessed or made available through or via various mediums or devices now known or hereafter developed. You also understand and agree that that the Service may include certain communications from GoGrab Site such as business announcements, administrative messages or offers.

You understand and agree that the Service is provided "AS-IS" and that GoGrab Site AND AnyCommerce Chennai Pvt Ltd assumes no responsibility for the timeliness, deletion, wrong-delivery or failure to store any user communications or personalization settings.


Unless expressly stated otherwise, no information presented in the Service or in connection with any products and services forming part of the Service shall be deemed as a binding offer by us or the relevant third party, but may constitute an invitation for you to place an order. In respect of contracts for our or any third party's products and services which are made available as part of the Service, these shall be deemed concluded when we or the relevant third party have accepted your order for the same or have provided you with the product or service pursuant to your order.

Content that is considered obscene under Indian law, is strictly forbidden on the GoGrab Site, and users are prohibited from posting any material of an obscene nature on the GoGrab Site. Although GoGrab Site exercises due diligence to ensure that any obscene content posted by users in violation of This Agreement is promptly removed, users may sometimes come across user-posted obscene content that we have not yet discovered. Users shall make best endeavours to make GoGrab Site contact aware of such obscene/objectionable content that they come across while using the service.


Membership Eligibility


Use of GoGrab Site is available only to persons who can form legally binding contracts under Indian Contract Act, 1872. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the GoGrab Site. If you are a minor i.e. under the age of 18 years, you shall not register as a member of GoGrab Site and shall not transact or use GoGrab Site. As a minor if you wish to use or transact on GoGrab Site, such use or transaction may be made by your legal guardian or parents who have registered as users of GoGrab Site. GoGrab Site reserves the right to terminate your membership and refuse to provide you with access to GoGrab Site if it is brought to GoGrab Site notice or if it is discovered that you are under the age of 18 years.


User Account and Registration Obligations


If you use GoGrab Site, you shall be responsible for maintaining the confidentiality of your User ID and Password and you shall be responsible for all activities that occur under your User ID and Password. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or GoGrab Site has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the this Terms of Use, GoGrab Site has the right to indefinitely suspend or terminate or block access of your membership with GoGrab Site and refuse to provide you with access to the Site.


Communication


When You use the Site or send emails or other data, information or communication to GoGrab Site, You agree and understand that You are communicating with GoGrab Site through electronic records and You consent to receive communications via electronic records from GoGrab Site periodically and as and when required. GoGrab Site may communicate with you by email or by such other mode of communication, electronic or otherwise.


GoGrab Membership Charges


Membership on GoGrab Site is FREE for users. GoGrab Site does not charge any fee OR extra fee for browsing and ordering food for door delivery OR take away. GoGrab Site would only charge you for the exact value of the product or products, which is specified as price per product per unit, AS-IS, given to us by our partnered restaurants / hotels / caterers. However GoGrab Site reserves the right to charge fee and change its policies from time to time. In particular, GoGrab Site may at its sole discretion introduce new services and modify some or all of the existing services offered on the GoGrab Site. In such an event GoGrab Site reserves, without notice to You, the right to introduce fees for the new services offered or amend/introduce fees for existing services, as the case may be. Changes to the Fee and related policies shall automatically become effective immediately once implemented on GoGrab Site. Unless otherwise stated, all fees shall be quoted in Indian Rupees. You shall be solely responsible for compliance of all applicable laws including those in India for making payments to GoGrab Site.


Information that we collect from you And Use of Your Information


When you visit the GoGrab Site or make an order, you may be asked to provide information about yourself including your name, contact details, mobile number, and email id. We may also collect information about your usage of the Site and information about you from the messages you post to the Site and the e-mails or letters you send to us.


Your information will enable us to provide you with access to the relevant parts of the Site and to supply the services you have requested. It will also enable us to bill you and to contact you where necessary concerning our services. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business and for any statistical or analytical purpose. We may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Site or our services. Where you have indicated accordingly, you agree that we may use your information to let you know about our other products and services that may be of interest to you including services that may be the subject of direct marketing and we may contact you to do so by post, telephone, mobile messaging as well as by e-mail. Where you have indicated accordingly, you agree that we may also share information with third parties to use your information in order to let you know about goods and services which may be of interest to you (by post, telephone, mobile messaging and/or e-mail) and to help us analyse the information we collect so that we can administer, support, improve and develop our services to you.


If you do not want us to use your data in this way or change your mind about being contacted in the future, please let us know by using the contact details set out via email at gograb@anycommerce.co.in by furnishing your corresponding communicate mode and details and/or amending your profile accordingly.


Please note that by submitting comments and feedback regarding the Website and the services, you consent to us to use such comments and feedback on the Site and in any marketing or advertising materials. We will only identify you for this purpose by your first name and the city in which you reside.


Disclosure of Your Information


The information you provide to us may be transferred to and stored on our servers anywhere in the world, and may be accessed by or given to our staff working out of any location and third parties including companies within the AnyCommerce Chennai Pvt Ltd, group of companies who act for us for the purposes set out in this policy or for other purposes approved by you. Those third parties that process information such as, process credit card payments and provide support services for us. In addition, we may need to provide your information to any partnered restaurant / hotel / caterer that you have placed your order with. By submitting your personal data, you agree to this transfer, storing or processing. GoGrab Site will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy. If you have consented we may allow carefully selected third parties, including marketing and advertising companies, our affiliates and associates, to contact you occasionally about services that may be of interest to you. They may contact you by telephone, SMS as well as by e-mail. If you change your mind about being contacted by these companies in the future, please let us know on gograb@anycommerce.co.in by sending us an email with the details and/or by amending your profile accordingly.


If our business enters into a joint venture with, purchases or is sold to or merged with another business entity, your information may be disclosed or transferred to the target company, our new business partners or owners or their advisors. We may use the information that you provide to us if we are under a duty to disclose or share your information in order to comply with (and/or where we believe we are under a duty to comply with) any legal obligation; or in order to enforce our Site Terms and any other agreement; or to protect the rights of GoGrab, Partnered Restaurants or others. This includes exchanging information with other companies and other organisations for the purposes of fraud protection and prevention. Information that is to be used by third parties shall be in accordance to policies under the Indian law.


Information Security


We take steps to protect your information from unauthorised access and against unlawful processing, accidental loss, destruction and damage. We will keep your information for a reasonable period or as long as the law requires. Where you have chosen a password which allows you to access certain parts of the GoGrab Site, you are responsible for keeping this password confidential. We advise you not to share your password with anyone. Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.


Information Access and Updating


You have the right to see the information we hold about you ("Access Request") and to ask us to make any changes to ensure that it is accurate and up to date. If you wish to do this, please contact us at gograb@anycommerce.co.in with details and/or amending your profile. 


All comments, queries and requests relating to our use of your information are welcomed and should be addressed to AnyCommerce Chennai Pvt Ltd, No.1, Kamakshipuram 2nd Street, West Mambalam, Chennai 600033, Tamil Nadu, India.


Use of GoGrab Website www.gograb.in

You agree, undertake and confirm that your use of GoGrab Site shall be strictly governed by the following binding principles:


  • AnyCommerce Chennai Pvt Ltd , a company registered with Central Board of Excise and Customs, and complies with conditions prescribed in Chapter V of the Finance Act, 1994 read with the Service Tax Rules, 1994, with registered office at F2, RR Sree Ranga, No 41 Andal Avenue, Gandhi Road, Velachery, Chennai 600042, Tamilnadu, India. GoGrab, accessed via http://www.gograb.in/ AND http://m.gograb.in/ is a service offered from AnyCommerce Chennai Pvt Ltd FREE for customers to order food from GoGrab partnered restaurants for take away and door delivery.
  • GoGrab Site provides a way for the customers to communicate with the partnered restaurants and place orders and also process payments on behalf of partnered restaurants / hotels / caterers.
  • GoGrab and AnyCommerce Chennai Pvt Ltd does not take care of preparation of food or it's delivery. GoGrab's responsbility stops once the order is delivered electronically to the restaurants. However, you may contact GoGrab Site for any issues and concerns related to taste, quality and no delivery of ordered item. GoGrab with work with the restaurant(s) to sort the issue and reslove the dispute in favor of the actual affected party.
  • By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately.
  • On receipt of your payment only, GoGrab will forward your order to the selected restaurant and we will send you notification by SMS and email that payment has been received and that your order is being processed.
  • By agreeing to the Site Terms of Use, you also agree that GoGrab Site can send you SMS which are both transaction and promotional in nature. However you may goto your profile and choose which category of SMS that you wish to receive and not.
  • GoGrab Site will strive to get real time data from restaurants on availablity of food items to order. However, thought our site may use words like Real Time Food Ordering we still may not be 100% accurate due to manual dependency in updating the system.

Price and Payments


  • Prices will be as quoted on this Website. These prices may include VAT and charges towards parcel and door delivery, as instructed to us by the partnered restaurants / hotels / caterers, which will be added to the total amount due, where applicable.
  • This Website contains a large number of menus and it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on the Site we will normally contact you before the order in question is dispatched. GoGrab site is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
  • In the event that you have a complaint about the quality of food or service provided by the restaurants on this Site you may either contact GoGrab Site or the restaurant directly. All such complaints, placed or contacted with GoGrab site would be lodged with the restaurant and, where appropriate, the restaurant's own complaint procedures followed before GoGrab is able to respond to a complaint.
  • Payment for all orders must be by credit, debit card(s) or Net banking options as stated on the GoGrab site.
  • A discount may apply to your order if you use a promotional code issued by the GoGrab Site and endorsed by us.
  • Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card.

Cancellation and Refunds


  • Please note that once you have made your order and your payment has been authorised you will not be able to cancel your order nor will you be entitled to a refund. If you are entitled for a refund (in case of non-delivery), we shall try to do so within 7 working days from the date of Order.
  • In case of any complaint or dispute as mentioned above is setteled in favor of You, then the corresponding restaurant would advise GoGrab Site accordingly to refund / chargeback You via Online quoting the same transaction. Strictly NO CASH REFUNDS / CHARGEBACKS would be entertained.

Intellectual Property Usage


  • Data present in this website and the code base are copyrighted and intellectual properties of AnyCommerce Chennai Pvt Ltd or the propretors and promorters of AnyCommerce Chennai Pvt Ltd. These works are protected by copyright laws and treaties around the world and all rights are reserved.
  • You must NOT modify the digital or paper copies of any materials that you print off that you receive as hard copy of from this Site and you must not use any pictures, photographs or any other graphics, video or audio sequences separately from with any accompanying text.
  • You must ensure that GoGrab status as the authors of the material on this Website must always be acknowledged.
  • You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes.
  • No part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system during All Times.
  • Any rights not expressly granted in these Website Terms are reserved.

Site Availability and Access


  • While AnyCommerce Chennai Pvt Ltd tries to ensure the GoGrab Site is normally available twenty four (24) hours a day, AnyCommerce Chennai Pvt Ltd will not be liable if the GoGrab Site is unavailable at any time or for any period.
  • Access to GoGrab Site may be suspended temporarily and without notice.
  • Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.

Links in Website


  • Links to third party websites on this Site are provided solely for your convenience. If you use these links, you leave this Website. GoGrab has not reviewed all of these third party websites and does not control (and is not responsible for these websites or their content or availability). GoGrab Site does not endorse or make any representation about them, the material on them, or the results from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.
  • You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage GoGrab brand's reputation or take advantage of it.
  • You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by GoGrab where none exists.
  • The website from which you link must comply with the content standards set out in these Website Terms.
  • GoGrab has the right to withdraw the linking permission at any time.

Disclaimer


  • While GoGrab Site tries to ensure that information on this Website is correct, we do not promise it is accurate or complete. GoGrab may make changes to the material on this Site, or to the services and prices described in it, at any time without notice. The material on this Website may be out of date, and GoGrab makes no commitment to update that material. In particular, we do not promise that the information provided by the partnered restaurants and displayed on this Website such as the menus, pricing and estimated times for deliveries and collections is correct or up to date.
  • GoGrab provide you with access to this Website and our services on the basis that, to the maximum extent permitted by law, we exclude all representations, warranties, conditions and other terms (including any conditions implied by law which but for these Website Terms might apply in relation to this Website and the services that we provide).
  • PLEASE NOTE: Whilst GoGrab goes to try its best effort to provide accurate information, item names, descriptions, prices, food facts on this website, the menus are ultimately provided by the restaurants. If you are in doubt about allergy warnings or contents of a dish, it is best to confirm with the restaurant directly prior to ordering.

Termination


  • GoGrab may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
  • GoGrab believes you have posted material in breach as mentioned in the above paragraphs on Site Terms of Use;
  • If you breach any other material terms of these Website Terms.
  • Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.

Liability


  • GoGrab Site AND AnyCommerce Chennai Pvt Ltd, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if forseeable) in connection with our services, offered by this Site or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
  • GoGrab takes full responsibility for the content of this Website and for the communication of orders to the restaurants as set out in these Website Terms. GoGrab's customer support team will, subject to your compliance with these Website Terms and co-operation, use all reasonable endeavours to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate.However, please note that the legal contract for the supply and purchase of food and beverages is between you and the restaurant(s) that you place your order with. GoGrab cannot give any undertaking that the food and beverages ordered from the restaurant(s) through this Website will be of satisfactory quality and any such warranties are disclaimed by GoGrab. Neither can GoGrab give an undertaking that the estimated delivery and collection times stated on this Website are accurate. These disclaimers do not affect your statutory rights against the restaurant(s).
  • Nothing in these Site Terms excludes or limits our liability for death or personal injury arising from GoGrab's negligence, nor GoGrab's liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
  • With the exception of any liability referred to in paragraph above, GoGrab's total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to twice the value of your order or Ten Thousand Indian rupees , whichever is the lower.
  • If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.

EVENTS OUTSIDE OUR CONTROL


  • We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
  • 1) A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
  • 2) Strikes, lock-outs or other industrial action;
  • 3) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
  • 4) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;
  • 5) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
  • 6) Impossibility of the use of public or private telecommunications networks; and
  • 7) The acts, decrees, legislation, regulations or restrictions of any government.

  • Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.

These Website Terms shall be governed by and construed in accordance with Indian law. Disputes arising in connection with these Website Terms (including non-contractual disputes) shall be subject to the exclusive jurisdiction of the courts of Chennai (India).