Terms and Conditions

TERMS OF USE
These Terms of Use (“Terms”) govern your use of the websites and mobile applications provided by Mirchi Dhaba (or referred to as “us”) (collectively the “Platforms”). Please read these Terms carefully. By accessing and using the Platforms, you agree that you have read, understood and accepted the Terms including any additional terms and conditions and any policies referenced herein, available on the Platforms or available by hyperlink. If you do not agree or fall within the Terms, please do not use the Platforms.

The Platforms may be used by (i) natural persons who have reached 18 years of age and (ii) corporate legal entities, e.g companies. Where applicable, these Terms shall be subject to country-specific provisions as set out herein.

Users below the age of 18 must obtain consent from parent(s) or legal guardian(s), who by accepting these Terms shall agree to take responsibility for your actions and any charges associated with your use of the Platforms and/or purchase of Goods. If you do not have consent from your parent(s) or legal guardian(s), you must stop using/accessing the Platforms immediately.

Mirchi Dhaba reserves the right to change or modify these Terms (including our policies which are incorporated into these Terms) at any time. You are strongly recommended to read these Terms regularly. You will be deemed to have agreed to the amended Terms by your continued use of the Platforms following the date on which the amended Terms are posted.

Through our Platforms, Mirchi Dhaba links you to the vendors (“Vendors”) for you to order a variety of goods including prepared meals, non-prepared food and miscellaneous non-food items (hereinafter collectively referred to as “Goods“) to be delivered to you. When you place an order for Goods from our Vendors (“Order”), Mirchi Dhaba acts as an agent on behalf of that Vendor to facilitate, process and conclude the order and subsequently for either us or the Vendor to deliver your Order to you. Vendors may be owned and operated by third party vendors, our affiliate companies, or us.

2.1 You will need to register for a Mirchi Dhaba account for you to use the Platform. When you register for a Mirchi Dhaba account we will ask you to provide your personal information including a valid email address, a mobile phone number and a unique password. To purchase an Order, depending on which payment method you opt for, you may need to provide us with your credit card details. Your unique password should not be shared with anyone and you agree to keep it secret at all times. You are solely responsible for keeping your password safe. Save for cases of fraud or abuse which are not your fault, you accept that all Orders placed under your Mirchi Dhaba account are your sole responsibility.

2.2 Mirchi Dhaba shall not be liable for Orders that encounter delivery issues due to incomplete, incorrect or missing information provided by you. You are obliged to provide information that is complete, accurate and truthful for the proper processing of the Order, including your delivery address and contact information.

2.3 If you wish to delete your Mirchi Dhaba account, please send us an email requesting the same. We may restrict, suspend or terminate your Mirchi Dhaba account and/or use of the Platforms, if we reasonably believe that:

2.3.1 someone other than you is using your Mirchi Dhaba account; or

2.3.2 where you are suspected or discovered to have been involved in any activity or conduct that is in breach of these Terms, our policies and guidelines, or involved in activity or conduct which we deem in our sole discretion to be an abuse of the Platforms.

Restrictions

The following is a non-exhaustive list of the types of conduct that are illegal or prohibited on the Platforms. Mirchi Dhaba reserves the right to investigate and take appropriate legal action against anyone who, in foodpanda’s sole discretion, engages in any of the prohibited activities. Prohibited activities include, but are not limited to the following:

3.1.1 using the Platforms for any purpose in violation of local, state, or federal laws or regulations;

3.1.2 posting any content that infringes the intellectual property rights, privacy rights, publicity rights, trade secret rights, or any other rights of any party;

3.1.3 posting content that is unlawful, obscene, defamatory, threatening, harassing, abusive, slanderous, hateful, or embarrassing to any other person or entity as determined by Mirchi Dhaba in its sole discretion or pursuant to local community standards;

3.1.4 posting content that constitutes cyber-bullying, as determined by Mirchi Dhaba in its sole discretion;

3.1.5 posting content that depicts any dangerous, life-threatening, or otherwise risky behavior;

3.1.6 posting telephone numbers, street addresses, or last names of any person;

3.1.7 posting URLs to external websites or any form of HTML or programming code;

3.1.8 posting anything that may be “spam,” as determined by Mirchi Dhaba in its sole discretion;

3.1.9 impersonating another person when posting content;

3.1.10 harvesting or otherwise collecting information about others, including e-mail addresses, without their consent;

3.1.11 allowing any other person or entity to use your identification for posting or viewing comments;

3.1.12harassing, threatening, stalking, or abusing any person on the Platforms;

3.1.13engaging in any other conduct that restricts or inhibits any other person from using or enjoying the Websites, or which, in the sole discretion of foodpanda, exposes Mirchi Dhaba or any of its customers, suppliers, or any other parties to any liability or detriment of any type; or

3.1.14encouraging other people to engage in any prohibited activities as described herein.

3.2 Mirchi Dhaba reserves the right but is not obligated to do any or all of the following:

3.2.1 investigate an allegation that any content posted on the Platforms does not conform to these Terms and determine in its sole discretion to remove or request the removal of the content;

3.2.2 remove content which is abusive, illegal, or disruptive, or that otherwise fails to conform with these Terms;

3.2.3 suspend or terminate a user’s access to the Platforms or their Mirchi Dhaba Account upon any breach of these Terms;

3.2.4 monitor, edit, or disclose any content on the Platforms; and

3.2.5 edit or delete any content posted on the Platforms, regardless of whether such content violates these standards.

4 Intellectual Property
All trademarks, logos, images, and service marks, including these Terms as displayed on the Platforms or in our marketing material, whether registered or unregistered, are the intellectual property of Mirchi Dhaba and/or third parties who have authorised us with the use (collectively the “Trademarks”). You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify these Trademarks in any way without our prior express written consent. The use of Mirchi Dhaba ‘s trademarks on any other website not approved by us is strictly prohibited. Mirchi Dhaba will aggressively enforce its intellectual property rights to the fullest extent of the law, including criminal prosecution. Mirchi Dhaba neither warrants nor represents that your use of materials displayed on the Platforms will not infringe rights of third parties not owned by or affiliated with Mirchi Dhaba . Use of any materials on the Platforms is at your own risk.

5 Restrictions on Goods
5.1 Some of the Goods we offer on our Platforms are subject to restrictions for purchase (“Restricted Goods”), depending on the applicable laws of the country you purchase the Restricted Goods from. These restrictions include minimum age requirements for alcohol/alcoholic products and any other goods that we reserve the right not to deliver to you based on the relevant statutory requirements of the time being in force.

5.2 Alcohol / Alcoholic Products (“Alcohol”)

To purchase Alcohol, you must be of the statutory legal age. Mirchi Dhaba , the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:

5.2.1 to ask for valid proof of age (e.g. ID card) to any persons before they deliver Alcohol;

5.2.2 to refuse delivery if you are unable to prove you are of legal age; and/or

5.2.3 to refuse delivery to any persons for any reason whatsoever.

5.3 Cigarettes/Tobacco Products (“Tobacco”)

5.3.1 We may offer Tobacco on some of our Platforms where the laws allow. By offering Tobacco for sale on our Platforms, we do not purport to advertise, promote or encourage the purchase or use of Tobacco in any way.

5.3.1 To purchase Tobacco, you must be of the statutory legal age. Mirchi Dhaba , the Vendor and their delivery riders, as the case may be, reserve the right in their sole discretion:

to ask for valid proof of age (e.g. ID card) to any persons before they deliver Tobacco;
to refuse delivery if you are unable to prove you are of legal age; and/or
to refuse delivery to any persons for any reason whatsoever.
5.4 Any offer for any Alcohol and Tobacco made on the Platforms is void when it is prohibited by law.

6 Orders
6.1 When you place an Order with Mirchi Dhaba , Mirchi Dhaba will confirm your order by sending you a confirmation email containing the Order receipt. Where applicable, Orders will include delivery fees and any applicable tax (e.g. goods and services tax, value-added tax, etc.).

6.2 Minimum Order Value – Some of our Vendors require a minimum order value (“MOV”) before an Order can be placed and delivered to you. Where an applicable Order fails to meet the MOV, you will have the option of paying the difference to meet the MOV or to add more Goods to your Order.

6.3 Special Instructions – Mirchi Dhaba and the Vendor (as the case may be) reasonably endeavour to comply with your special instructions for an Order. However in some cases where this is not feasible, possible or commercially reasonable, Mirchi Dhaba and/or the Vendor reserve the right to proceed to prepare the Order in accordance with standard operating procedures. Neither Mirchi Dhaba nor the Vendor shall be responsible to replace or refund an Order which does not conform to special instructions provided by you.

6.4 Allergens – Mirchi Dhaba is not obligated to provide ingredient information or allergen information on the Platforms. Further, Mirchi Dhaba does not guarantee that the Goods sold by Vendors are free of allergens. If you have allergies, allergic reactions or dietary restrictions and requirements, please contact the Vendor before placing an Order on our Platforms.

6.5 Please note that your Order may be subject to additional terms and conditions provided by the Vendor.

6.6 Prior to placing the Order

6.6.1 You are required to provide the delivery address in order for the Platform to display the Vendors available in your delivery area.

6.6.2 Once you select a Vendor, you will be taken to that Vendor’s menu page for you to select and add your Goods to the cart.

6.7 Placing the Order

To complete an Order, please follow the onscreen instructions after clicking ‘Checkout’. You may be required to provide additional details for us to complete your Order. You are required to review and confirm that all the information you provide, including the amounts, delivery details, personal details, payment information, and voucher codes (if applicable) is true, accurate and complete before you click “PLACE ORDER”. An Order is successfully placed when you receive an email confirmation containing your Order receipt from us.

6.8 Cancelling an Order

6.8.1 Please contact us immediately via our in-app customer support chat feature if you wish to cancel your Order after it has been placed. You have the right to cancel your Order provided a Vendor has not yet accepted your Order.

6.8.2 Refunds

(i) Online Payment Orders

You have the right to a refund for a cancelled Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that no refunds (whether in whole or in part) will be issued to you and you forfeit the delivery of your cancelled Order.

(ii) Cash-on-Delivery Orders

You have the right to cancel your Order only if a Vendor has not yet accepted your Order. Should you still decide to cancel your Order after it has been accepted by the Vendor, you understand that you shall forfeit the delivery of your cancelled Order and cash-on-delivery may be removed from your list of available payment methods for your future orders.

6.9 Foodpanda reserves the right to cancel any Order and/or suspend, deactivate or terminate your Mirchi Dhaba account in its sole discretion if it reasonably suspects or detects fraudulent behavior or activity associated with your Mirchi Dhaba account and/or with your Order.

7 Prices and Payments
7.1 Prices quoted on the Platform shall be displayed in the applicable country’s national currency and subject to applicable tax. Prices and offers on the Platforms may vary from the prices and you accept that offers offered by our Vendors (either on their own websites, mobile applications, or at their brick-and-mortar outlets).

7.2 The way we display the prices of our Goods may vary depending on the Vendor, and the prices reflected on our Platforms may:

7.2.1 include GST, VAT or such other equivalent tax; or

7.2.2 exclude GST, VAT or such other equivalent tax.

A breakdown of the prices and additional charges are displayed before Checkout. When you place an Order, you agree to all amounts, additional charges and the final ‘Total’ amount which is displayed to you.

7.3 Delivery fees are chargeable on every Order unless:

7.3.1 you opt to collect your Order directly from the Vendor (“Pick-Up”);

7.3.1 you have a valid promotional or discount voucher and apply it at Checkout; or

7.3.3 unless stated otherwise.

7.4 Prices indicated on the Platforms are as at the time of each Order and may be subject to change.

7.5 You can choose to pay for an Order using any of the different payment methods offered on the Platforms including:

7.5.1 Our payment partners: Visa, Mastercard, American Express, Google Pay, PayPal, Apple Pay;

7.5.2 Cash-on-Delivery; or

7.5.3 Such other payment method we offer from time to time.

7.6 If you have existing credit in your Mirchi Dhaba account or valid promotional or discount vouchers, you can use this pay for part or all of your Order as the case may be.

7.7 After an Order is successfully placed, you will receive an email confirmation from us with your Order receipt. Delivery fees will not appear in your Order receipt if you opt for Pick-Up.

7.8 Payment Methods

Mirchi Dhaba reserves the right to offer additional payment methods and/or remove existing payment methods at anytime in its sole discretion. If you choose to pay using an online payment method, the payment shall be processed by our third party payment service provider(s). With your consent, your credit card / payment information will be stored with our third party payment service provider(s) for future orders. Mirchi Dhaba does not store your credit card or payment information.

7.9 You must ensure that you have sufficient funds on your credit and debit card to fulfil payment of an Order. Insofar as required, Mirchi Dhaba takes responsibility for payments made on our Platforms including refunds, chargebacks, cancellations and dispute resolution, provided if reasonable and justifiable and in accordance with these Terms.