PLEASE READ THESE TERMS AND CONDITIONS OF USE AND ACCESS CAREFULLY, BY ACCESSING OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, DO NOT USE THE WEBSITE.
Use of the Site by the user (“you”, “your”, “user” and “customers”) is subject to the terms and conditions contained herein.
These policies are published in accordance with the provisions of Rule 3(1) of the Information Technology (Intermediaries Guidelines) Rules, 2011, and are on ‘electronic record’ as contemplated under section 2(t) of the Information Technology Act, 2000 and the Rules thereunder. These Terms being an electronic record are generated by a computer system and do not require any physical digital signatures.
GFB shall not be held accountable for any losses incurred as a result of any failure of service, mistake, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. There is no intent for our Site to be used in a court of law.
ACCESSING, BROWSING OR OTHERWISE USING THE PLATFORM INDICATES YOUR UNCONDITIONAL AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE PROCEEDING.
1. ACKNOWLEDGEMENT AND UNCONDITIONAL ACCEPTANCE
You hereby agree, acknowledge and accept the use of our Site and the services offered including restaurant services, fast food chains, delivery, cloud kitchen (“Services”) and other related services through our Site as per the specifications, listed by GFB.
2. PRIVACY PRACTICES
3. ONLINE SERVICES
3.1.Accessibility of goods and services:
You are responsible for your devices and accounts. You are responsible for any devices, software and services needed to use the online services. GFB does not guarantee that the online services will fully function on any particular device or with any particular software. You are also responsible for any messaging and data charges, fees and taxes for your use of the online services, including when we communicate with you by text, email or other means that you choose. You may only use the online services with devices that you own or control and
using only the authorized operating system.
3.2.With regards to the goods offered by our Site:
There is no guarantee that the restaurant where you pick up your order will have the items You ordered in stock. You might not be able to find a particular product / ingredient in the product at a certain restaurant due to unpredictable seasonal conditions and supply of products / ingredients. Please note that the food and packaging images depicted on Our Site are for illustrative purposes only and may differ from what you actually receive when ordering from a restaurant. Colours may look different on your screen than they actually are due to various factors.
3.3.Regarding the cost of Your order:
GFB sets its own prices and it has the right to levy any applicable taxes or charges at any time at its sole discretion. Restaurant menu / online menu listing for different regions may have different prices. It is possible that some promotions and prices will not apply to your order.
According to our policy, GFB does not review suggestions that were not specifically requested. Although we value your interest in GFB, we are unable to evaluate suggestions submitted from outside our system at this time. You hereby release GFB and its employees from any and all claims arising out of their consideration, use or development of any product, design, concept, or other materials similar to, or identical to, your submission, whether such consideration, use, or development occurs now or in the future.
4. YOUR INFORMATION
This Site is directed to be used by adults only. We assume that any minor, if at all, accessing our Site is under the supervision of their guardians. GFB or its associates do not knowingly collect information from minors. You acknowledge that the information you provide, in any manner whatsoever, are not confidential or proprietary and does not infringe any rights of a third party in whatsoever nature.
GFB will collect personal information from you, which includes your first and last name, address, telephone and mobile number(s), or any other information, when you knowingly provide us with this information. This will generally occur when you either:
i. Place an order with GFB, directly through Our Site
ii. Enter into a competition or promotion.
iii. Subscribe to our mailing list.
Wherever GFB collects personal information about you from someone else, GFB will take reasonable steps to advise you. We shall be using the above said details for promotions of GFB only. In case you don’t want to receive any communication from us, you could opt-out by sending an email to email@example.com with your mobile number.
The information, photo, image, text, software, data, music, sound, graphics, messages, videos or other materials transmitted, uploaded, posted, emailed or otherwise made available to us (” User Content “), are entirely your responsibility and GFB will not be held responsible, in any manner whatsoever, in connection to the User Content. You agree to not encourage or assist or engage others as well as yourself in transmitting, hosting, displaying, uploading, modifying, publishing transmitting, updating or sharing any information that
i. is grossly harmful, harassing, blasphemous defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, trolling, or otherwise unlawful in any manner whatever;
ii. harm minors in any way;
iii. infringes any patent, trademark, copyright or other proprietary rights;
iv. violates any law for the time being in force;
v. deceives or misleads the addressee about the origin of such messages or communicates any information which is grossly offensive or menacing in nature;
vi. impersonate another person;
vii. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource;
viii. threatens the unity, integrity, defence, security or sovereignty of India, friendly relations with foreign states, or public order or causes incitement to the commission of any cognizable offence or prevents investigation of any offence or is insulting any other nation.
GFB shall in no way be held responsible for examining or evaluating user content, nor does it assume any responsibility or liability for the user content. GFB does not endorse or control the user content transmitted or posted on the Site by you and therefore, accuracy, integrity or quality of user content is not guaranteed by GFB. You understand that by using the Site, you may be exposed to user content that is offensive, indecent or objectionable to you. Under no circumstances will GFB be liable in any way for any user content, including without limitation, for any errors or omissions in any user content, or for any loss or damage of any kind incurred by you as a result of the use of any user content transmitted, uploaded, posted, e-mailed or otherwise made available via the Site. You hereby waive all rights to any claims against GFB for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights, and rights of attribution in connection with user content.
You hereby acknowledge that GFB has the right (but not the obligation) in its sole discretion to refuse to post or remove any user content and further reserves the right to change, condense, or delete any user content. Without limiting the generality of the foregoing or any other provision of these Terms and Conditions, GFB has the right to remove any user content that violates these Terms and Conditions or is otherwise objectionable and further reserves the right to refuse service and/or terminate accounts without prior notice for any users who violate these Terms and Conditions or infringe the rights of others.
5. PRODUCTS/SERVICES/SERVICE INFORMATION
GFB attempts to be as accurate as possible in the description of the products/services/service on the website. However, GFB does not warrant that the products/services description, colour, information or other content on the Site is accurate, complete, reliable, current or error-free. The Site may contain typographical errors or inaccuracies and may not be complete or current. The products/services pictures are indicative and may not match the actual products/services. GFB may exercise this right on a case-by-case basis. All descriptions of products/services or products/services pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any products/services at any time.
GFB reserves the right to but are not obligated, to limit the sales of our products/services or services to any person, geographic region or jurisdiction, correct, change or update information, errors, inaccuracies or omissions at any time (including after an order has been submitted) without prior notice. Please note that such errors, inaccuracies or omissions may also relate to pricing and availability of the products/services.
The user hereby agrees and understands that GFB is only a website assisting in coordinating the user select the service and menu. GFB operates its business transactions through its website in a highly prolific manner.
In case any products/services purchased / services availed causes side effects or doesn’t suit you, please note that GFB is in no manner responsible for any side-effects or service provider and manufacturer or service provider of the products/services or service shall be solely responsible for such side effects and consumer complaints. You should carefully read the individual terms and conditions in relation to the products/services and consult a specialist before the use of the same before consumption/utilization.
Additionally, GFB has complete control over the information transferred to it with respect to the communication feature available on GFB’s online portal which the users may to use while accessing, browsing the portal. However, any misconduct on the part of the user shall lead to violations of this Agreement and stricter actions shall be implemented as per GFB’s policy.
Without prejudice to the above, GFB makes no representation or warranty that:
i. The products/services will meet the user’s requirements; and
ii. The products/services will be uninterrupted, timely, secure or error-free.
6. ACCEPTABLE USES AND RESTRICTIONS FOR THE ONLINE SERVICES
With respect to the online services (which includes content), you may not, and may not allow third parties, to:
i. Use the online services for any purpose that is unlawful or prohibited by these terms.
ii. Delete or change any copyright, trademark, or other proprietary notices.
iii. Attempt to obtain ownership or title to the online services, including the content.
iv. Use, copy, distribute, republish, display, disclose, upload, post, or transmit the online services
in any commercial manner.
v. Rent, lease, sell, sub-license, loan, translate, merge, adapt, assign or transfer the online services, or combine them with, or incorporate them into, any other programs or services.
vi. Disassemble, decompile, reverse-engineer, copy in source or object code format, or create derivative works based on the online services.
vii. Transfer, provide, export or re-export the online services in violations of an embargo, trade sanction, or other technology control or export laws and regulations under applicable law.
viii. Use or launch any unauthorized technology or automated system to access the online services or extract content from the online services, including but not limited to spiders, robots, screen scrapers, or offline readers.
ix. Attempt to disable, damage, overburden, impair or gain unauthorized access to the online services, systems network or any user accounts associated with the online services.
7. THIRD PARTY SERVICES
The online services may link to or allow you to use third-party websites, downloadable materials, content, social networks, or other digital services (together, “third party services”). These third parties may have their separate terms and conditions or privacy policies that you should review and understand before using them. GFB does not endorse and is not associated with any of these third party services. GFB AND ANY OF ITS EMPLOYEES HAVE NO RESPONSIBILITY FOR ANY LOSS OR DAMAGES ARISING FROM OR RELATED TO THESE THIRD PARTY SERVICES.
References on the Site to any names, marks, products/services or products/services of third parties or hypertext links to third party sites or information are provided solely as a convenience to You.
This does not in any way constitute or imply GFB endorsement, sponsorship or recommendation of the third party, information, products/services or service or any association and relationship between GFB and those third parties.
8. LIMITED LICENSE
Subject to Your compliance with these Conditions of Use, GFB grants you a personal, nonexclusive, non-transferrable and limited licence to access and make non-commercial personal use of this website. However, the same shall not construe any license to download (other than page caching) or modify any content, or any portion thereof, except with express written consent of GFB. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any products/services listings, descriptions, prices, offers and discounts; any derivative use of this website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools. GFB reserves it’s rights in respect of the contents made available on the Site from time to time.
You may not be permitted to frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, graphics, logos, videos, text, page layout, or form) of GFB without express written consent of GFB. You may not be permitted to use any Meta tags or any other “hidden text” for utilising contents of GFB or trademarks without the express written consent of GFB and / or its affiliates, as may be applicable. Any unauthorised use terminates the permission or license granted by GFB to access and use the Website. Any use of logos, proprietary graphic and materials subject to intellectual property Rights and applicable laws is strictly not permissible.
9. LIMITATIONS ON LIABILITY AND DISCLAIMERS
NEITHER GFB NOR ITS EMPLOYEES WILL BE LIABLE FOR ANY DIRECT OR INDIRECT LOST PROFITS OR LOST BUSINESS DAMAGE, SPECIAL, INDIRECT, CONSEQUENTIAL, EXEMPLARY OR INCIDENTAL DAMAGES, INCLUDING LOST DATA, PERSONAL INJURY, OR PROPERTY DAMAGE RELATED TO OR ARISING OUT OF THE ONLINE SERVICES. NOTHING IN THIS SECTION IS INTENDED TO LIMIT GFB’S LIABILITY FOR DAMAGES TO THE EXTENT CAUSED BY GFB’S OWN NEGLIGENCE, GROSS NEGLIGENCE OR INTENTIONAL OR UNLAWFUL MISCONDUCT. ADDITIONALLY, NOTHING IN THIS SECTION IS INTENDED TO LIMIT OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE LIMITED OR ALTERED UNDER APPLICABLE LAWS. GFB RESERVES ALL LEGAL RIGHTS TO RECOVER DAMAGES OR OTHER COMPENSATION UNDER THESE TERMS OR AS ALLOWED BY LAW.
YOU AGREE THAT NO CLAIMS OR ACTION ARISING OUT OF, OR RELATED TO, THE USE OF THE SITE OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU HAVE A DISPUTE WITH US OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.
For any general information posted on the Site, users must not infer or assume that such information necessarily applies to them.
11. COMPLIANCE REQUIREMENTS
Every user of the Site shall comply with all the applicable laws, including but not limited to the Information Technology Act, 2000, Income Tax Act, 1961, and shall include any amendments, notifications under any acts and rules thereof under the aforesaid enactments applicable for using Site or buying any product or service through Site.
12. PAYMENT POLICY
Payment is an integral part of an online ordering experience. All payments shall be collected through secured payment options.
GFB accepts all payment options such as Credit Cards, Debit Cards, Net-Banking, wallets, UPI, etc.
All payments for purchases made by you on the Sites shall only be in Indian Rupees. In case of a prepaid transaction, after payment for the order has been successfully received by GFB, you will be sent a notification by SMS/WhatsApp on your registered mobile number provided to GFB confirming receipt of your order. GFB reserves the right to withdraw or block or limit your purchases using Cash on Delivery at any time.
Credit and Debit Card
GFB accepts all Visa, Master Card, Maestro, American Express and Diners cards. You will be redirected to your issuing bank’s website, where you will have to follow the instruction to complete the payment.
You can make payment for an order by using your Net Banking account. The Site accepts payments for your orders through your net banking account. You will be redirected to your bank’s website where you will be able to make payment using your payment process.
Issuing Bank Terms and Conditions
Users understand and acknowledge that all payments made by the users using valid credit card/ Debit card/ Cash Card/ and other payment instruments or mechanism including net banking facility will be processed using a payment gateway or appropriate payment system infrastructure and the same is governed by a separate set of terms and conditions agreed between the user and their respective issuing Bank and payment instrument of the issuing company.
13. DELIVERY POLICY
The acceptance of order shall be at the entire discretion of GFB. It is clarified that delivery is not available at all restaurants of GFB. Delivery shall not be available outside the serviceable delivery radius or over and above the operational hours as set by GFB and GFB may change the same without any prior intimation, at its sole discretion. To check whether delivery is available in your area, customers need to:
i. log on to website viz. www.goodflippin.com
ii. log on to website viz. https://goodflippinburgers.dotpe.in/order/
GFB reserves the right, in its sole discretion, without limitations, conditions and/or qualifications, and without need of prior notification, to limit, change, modify or cancel any order, and/or to refuse any service to any customer for any reason attributable to the unavailability of the items ordered, or other circumstances and conditions beyond the control of GFB which would render impossible or delay the fulfilment of its obligations.
GFB reserves the right to refuse or to accept or to cancel any order from any customer beyond the delivery area or otherwise.
Delivery orders are subject to:
i. Customer addresses falling in the delivery area (area within which GFB delivery is available) of the nearest restaurant. The delivery area is defined from time to time by GFB at its discretion and is subject to change.
ii. The delivery address being mapped to the nearest restaurant that delivers in customer area.
iii. Availability of products of GFB.
iv. In case the delivery locality is not listed in the restaurant map, delivery orders cannot be placed.
Once the order has been placed it cannot be changed or cancelled by the customers for any reason whatsoever subject to the cancellation policy. The price of GFB’s products is exclusive of below charges. The customer is liable to pay delivery charges and packaging charges (on the order placed through the Site) as applicable in that particular city plus goods and service tax and other taxes as may be applicable from time to time.
GFB holds all rights to reject the delivery of an order or to cancel the same owing to any foreseeable and/or unforeseeable reasons which might cause any hindrance in fulfilment of the same without any obligation to the customer from GFB’s part.
14. GOVERNING LAW AND JURISDICTION
15. CUSTOMER CANCELLATION AND REFUND
Cancellation of Order
As a general rule You shall not be entitled to cancel order once placed.
You may be entitled to a refund of proportionate value in the event packaging of an item in an order or the complete order, is either tampered or damaged and you refuse to accept the order at the time of delivery for the said reason. You may be entitled to a refund upto 100% of the order value if GFB fails to deliver the order. Such incidences will be assessed by GFB on a case to case basis.
GFB’s decision on refunds shall be final and binding.
In the event the refund is accepted, all refund amounts shall be credited to your account as may be stipulated according to the payment mechanism used for the initial payment transaction.
17. CONTACT INFORMATION
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site. You may contact us at: firstname.lastname@example.org
18. GRIEVANCE OFFICER
In accordance with the Information Technology Act, 2000 and the rules made thereunder and the Consumer Protection Act, 2019 and the rules made thereunder, the name and contact details of the Grievance Officer are provided below. You may contact the Grievance Officer to address any discrepancies and grievances you may have with respect to your Information with GFB and/ or any defects or deficiencies arising from the goods or services provided by GFB. The Grievance Officer will redress your grievances expeditiously.
Name: Diksha Nair
Contact Number: +91 9004838446
Email ID: email@example.com