1. We are BIENE TECHNOLOGIES ("Flyer Eats") and we own and operate this website ("Site") at flyereats.in. Throughout the Site, the terms "we", "us" and "our" refer to Flyer Eats. Flyer Eats offers this website, including, without any limitation, mobile applications, web applications and any related services including notifications, electronic mails (collectively, the "Services") and any information, data, or other content or materials appearing or otherwise made accessible on or through the Services (collectively, the "Content") from this Site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated herein.
3. The headings used in this agreement are included for convenience only and will not limit or otherwise affect the interpretation and definitions of the Terms.
7. Our Services are hosted on Google & VPS Dime Web Services. They provide us with the online e-commerce platform that allows us to sell our products and provide the Services to you. You consent to having your personal information, including the content and data generated by and as a result of your use (the “User Content”), transferred or processed by Google & VPS DimeWeb services. You also acknowledge that your purchase of, access to, and use of the Services and the Content may be subject to local and international laws applicable to Google & VPS DimeWeb Services, and it shall be your sole responsibility to ensure that you purchase, access or use the Services and the Content only in compliance with such applicable laws.
8. We do not warrant that the materials on the Site are appropriate or available for use in locations outside India. Accessing the Site from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Site from elsewhere, you do so on your own initiative and are responsible for compliance with local laws. Flyer Eats disclaims all liability resulting therefrom.
2. General Conditions
1. You represent and warrant that if you are registering for the Services as an individual, you are at least 13 years old, and if you are 18 years old or older, that you are fully capable and competent to enter into and to comply with these Terms, or if you are between 13 and 18 years old, that you have permission of a legal parent or guardian who has agreed to assume fully your obligations under these Terms as if such obligations are owed by the said parent or guardian. If you are registering for the Services for and on behalf on an entity that is not a natural person, you represent and warrant that you are authorized to enter into this agreement and bind the entity to these Terms. We reserve the right, at our sole discretion, to refuse to offer the Services to any person or entity and to change our eligibility criteria at any time. You may not create or use any account with us for any person or entity other than yourself except if you are authorized to do so for and on behalf of such person or entity.
2. Your access and use of the Services shall be at your own discretion and risk, and you shall be solely responsible for safeguarding and maintaining the confidentiality of your Account, as defined below, including your username and password and all activities in connection with or that occur on or through your Account, as defined below.
3. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
4. While using the Site, you must not transmit including but not limited to, any worms, viruses and/or any code of a destructive nature.
6. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Please note that credit card information is always encrypted during transfer over networks.
3. Delivery areas
1. As our Services continue to expand in India, there may be times when some areas will not be covered by our Services.
2. To determine if your area is covered by our Flyer Eats Services, please enter your postal code in the "Store from the nearest by entering your postal code" section on our main Site.
4. Accuracy, Completeness and Timelines of Information
1. We are not responsible for the accuracy of information on this Site, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or timelier sources of information. Any reliance on the material on this Site is at your own risk.
2. This Site may contain certain historical information provided for your reference only and may not be current and up-to-date. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You acknowledge and understand that it is your responsibility to monitor any changes to our Site.
5. Modifications to the Provision of Services and Prices
1. We reserve the right, at our sole discretion and at any time to modify the prices of our products without further notice to you.
2. We reserve the right, at our sole discretion and at any time to modify or discontinue the Services (or any part or content thereof) with further notice to you.
3. We disclaim all liability to you or to any third-party for any changes to the Services, including but limited to modification, price change, suspension or discontinuance of the Services.
6. Account Information
1. To access certain parts of the Site, Services and/or Content, you will be required to register for an account with Flyer Eats ("Account"). In so doing, you will be required to input your e-mail ("Login ID") and password ("Password").
2. It is your responsibility to safeguard and maintain the confidentiality of your Login ID and Password. You agree and undertake to:
a. You are solely responsible for safeguarding and maintaining the confidentiality of your Login ID and Password. You agree not to:
b. Share or permit others to use your Account or Password; or
c. Assign or transfer your Account to any other person or entity.
3. You shall be bound by and responsible for all communications and online activity transmitted or conducted through the use of your Account.
4. We have no responsibility or liability for any loss, damage, cost, expenses, or liabilities arising as a result of or in connection with the wrongful or fraudulent use of your Account. If you are aware of any actual or suspected unauthorized use(s) of your Account, loss, theft, or unauthorized disclosure of your Password, please notify us immediately at: firstname.lastname@example.org.
5. You acknowledge and agree that each individual or delivery address may only register one (1) Account. Multiple Account(s) registering the same delivery address may be permitted at our sole discretion.
6. Please provide accurate, complete, and up-to-date information required for your Account. You may at any time change or update your Account information by updating your information under Profile.
7. Where a delivery address is associated with multiple Account(s) without our written authorization, or fraudulent or wrongful use of an Account is detected or suspected, we reserve the right at our sole discretion, without liability, and without prejudice to our other rights and remedies under this Agreement or at law, to immediately:
a. cancel any orders placed through such Account(s);
b. cancel or invalidate any credits or discount vouchers, rewards or codes awarded to or used by such Account(s);
c. prohibit such Account(s) or persons from participating in any promotions, contests or surveys of Flyer Eats;
d. merge, suspend and/or terminate such Account(s).
7. Intellectual Property and Limitations On Use
1. All rights, title and interest in and to the Services, including all Content pursuant to the Services remains and/or shall be the copyright or intellectual property of either Flyer Eats or third parties providing the data ("Data Providers") (as the case may be).
2. You may not use the Site, Services, including all Content, for publication, distribution, transmission, retransmission, redistribution, broadcast, reproduction or circulation to anyone else unless with our express written consent.
3. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from the Service and/or Site unless our express written consent is granted.
4. We hereby grant you a personal, limited, worldwide, royalty-free, non-assignable, non-transferable, revocable, non-exclusive license (without the right to sub-licence) to use the Site, Services and Content for the sole purpose of enabling you to use and enjoy the benefit of the Services in a manner prescribed by these Terms. Such license is subject to these Terms and does not include the distribution of any Content, modifying or otherwise making any derivative uses of the Site, Services and/or the Content (or any part thereof), the use of any scraping, data mining, robots or similar data gathering or extraction methods, downloading (other than page caching) any part of the Site, Services, Content or information contained therein except as expressly permitted on the Services, and any use of the Site, Services or Content other than for their intended purposes.
8. Disclaimer Of Warranties; Limitation Of Liability
1. We do not guarantee, represent or warrant that your use of our Site, Services and/or Content will be uninterrupted, timely, secure or error-free.
2. We do not warrant that the results that may be obtained from the use of our Site, Services and/or Content will be accurate or reliable.
3. You agree that from time to time we may remove our Site, Services and/or Content for indefinite periods of time or cancel our Site, Services and/or Content at any time, without notice to you.
4. You agree that your use of, or inability to use, our Site, Services and/or Content is at your own risk. Our Site, Services and/or Content and all products and services delivered to you through our Site, Services and/or Content are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
5. In no case shall Flyer Eats, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation for any lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. As some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall only be limited to the extent permitted by law.
9. Optional Tools
1. We may provide you with access to third-party tools over which we do not monitor or have any control over whatsoever.
2. You acknowledge and agree that we provide access to such tools 'as is' and 'as available' without any warranties, representations or conditions of any kind and without any endorsement. We are not liable for, including but not limited to, any loss and/or damage suffered by you whatsoever arising from or relating to your use of optional third-party tools.
3. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
10. Third party links
1. Third-party links on our Site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
2. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please ensure that you review the third-party's policies and practices and make sure you understand them before you engage in any transaction.
3. Any complaints, claims, concerns, or questions regarding third-party products like Payment Gateway, Quality Standards should be directed to the third-party.
11. User Comments, Feedback and Other Submissions
1. If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us.
2. We are and shall be under no obligation, including but not limited to, to:
a. Maintain any comments in confidence;
b. Respond to any comments.
4. By sending and/or posting your comments, you agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libellous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website.
5. You agree to not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
12. Personal Information
13. Accuracy of Billing and Account Information
1. In the event that we make a change to an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
2. You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
14. Errors, Inaccuracies and Omissions
1. Occasionally there may be information on our Site, in the Services and/or Content that contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability.
2. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Site, Services, Content or on any related website is inaccurate at any time without prior notice to you.
3. We undertake no obligation to update, amend or clarify information in the Site, Services, Content or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Site, Services, Content or on any related website should be taken to indicate that all information in the Site, Services, Content or on any related website has been modified or updated.
15. Prohibited Uses
a. for any unlawful purpose;
b. to solicit others to perform or participate in any unlawful acts;
c. to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
d. to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
e. to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
f. to submit false or misleading information;
g. to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
h. to collect or track the personal information of others;
i. to spam, phish, pharm, pretext, spider, crawl, or scrape;
j. for any obscene or immoral purpose; or
k. to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet.
1. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
3. Your sole and exclusive right and remedy against us in the case of dissatisfaction with the Services or any other grievance shall be your termination and discontinuation of access to or use of the Services or by notifying us that you no longer wish to use our Services.
1. Vouchers/Offers as released by Flyer Eats are valid only on the Site or mobile application.
2. In order to use the vouchers, voucher codes must be entered at the checkout page. If you do not do so, we are unable to apply the voucher to your purchase.
3. Vouchers codes are to be used for a one time purchase only.
4. We reserve the right to cancel or modify orders, or revoke the use of voucher codes, where the vouchers are used in the following circumstances:
a. suspicious or fraudulent voucher use;
b. voucher abuse, including vouchers redeemed using multiple accounts or multiple checkouts associated with the same customer or group of customers; and/ or
c. vouchers used in bad faith (including resold vouchers, or use of vouchers on orders made and intended for resale).
5. Additional terms and conditions may be specified in relation to specific voucher codes (for example, duration, discount amount and products covered), and will govern the use and redemption of those vouchers in addition to these terms.
6. Vouchers are not exchangeable for cash. Flyer Eats reserves the right to change these terms or cancel any promotions at any time without notice.
20. Entire Agreement
21. Governing Law
22. Changes to Term of Use
1. Flyer Eats is a food delivery platform that allows users to purchase meals, food items, bakery items, Sweets, beverages, and other related products (“Meals”) from their merchants of choice, where the food is prepared by independent restaurants (our "Partner Restaurants") and delivered by deliverers sourced by Flyer Eats (the “Deliverers”).
2. The purpose of our Service is to provide a simple and convenient service to you, linking you to the Partner Restaurant and menu of their choice and allowing you to order Meals from them. We market Meals on behalf of our Partner Restaurants, conclude orders on their behalf and source for Deliverers to deliver the Meals to you.
1. Flyer Eats can only be accessed by you via the Flyer Eats mobile application (the “App”) and Flyer Eats website (the “https://flyereats.in”). All orders, payments, and all actions related to the foregoing can only be accessed via the Mobile App & website.
1. When you place an order through our Service, you will receive a notification from the App (an “App Notification”) thanking you for your order and confirming your order has been received and accepted by the Partner Restaurant (the “Confirmation App Notification”) will be sent to you by us on behalf of the Partner Restaurant.
2. The contract for the supply of any Meal you order through us will be between you and the Partner Restaurant and will be formed when you have been sent the Confirmation App Notification by us.
3. Upon your receipt of the Confirmation App Notification, the vendor would have commenced preparation of the Meal (your “Started Order”).
4. Please ensure that you have given us a correct email address & app notification as this is how we will communicate with you about your order.
1. Please also ensure that you provide an accurate address and contact number to ensure that your Meals arrive to the correct location. It is your responsibility to ensure that the address that you have provided in the App is accurate.
2. If you do not open the door or respond to telephonic correspondence within 10 minutes of our delivery drivers physically reaching your address, we reserve the right to leave the premises, and you will be charged for the Meal. For hygiene and food safety reasons, we are unable to leave the Meal at your designated address without someone collecting the Meal.
3. Flyer Eats seeks to provide a quality service and will be the first contact in event in there is a problem with your Meal either in regards to food quality and/or temperature. We do monitor our Partner Restaurants very closely and it is of utmost importance to us that they comply with our standards and help us to maintain our reputation.
1. You recognise that all Meals are subject to availability. Your Partner Restaurant may offer an alternative for any Meal it cannot provide you with.
2. Our Partner Restaurants may use nuts in the preparation of certain Meals. Please call our Partner Restaurant or mention in the order request remarks while ordering if you have an allergy. We make no guarantee that any of the Meals sold by our Partner Restaurants are free of allergens.
6. Sale of Alcohol
1. Any alcohol listings on the Site are not allowed and it’s prohibited.
7. Availability and Delivery
1. Our aim is to provide the best delivery service possible. Unfortunately, things such as traffic conditions and weather do not always go to plan. Such factors may occasionally prevent us from achieving our targets in this regard. We will do our best to ensure that your Meal is delivered by the time specified in the App. The timing of your order is determined by amongst other things, the number of orders and the circumstances being faced by the Partner Restaurant at that time.
1. You don’t have the right & options to cancel an order within any reasonable time and before the order becomes a Started Order, upon which you would be unable to do so.
2. You acknowledge and agree that Flyer Eats alone will determine whether an order is a Started Order or not.
9. Price And Payment
1. The price of any Meals will be listed on our App. Prices include GST. Prices will vary between menus. Prices are liable to change at any time, but changes will not affect orders in respect of which you have been presented with the Confirmation Email, save in the case of an obvious pricing mistake, whereby we will notify you as soon as we can about the pricing issue.
2. Despite our best efforts, some of the Meals listed on our Service may be incorrectly priced. The relevant Partner Restaurant will normally verify prices as part of the order process. Payment for all Meals can be made by COD, Online banking, credit or debit card through our Service. Once your order has been confirmed your credit or debit card will have been authorised and the amount marked for payment. Payment is made directly to Flyer Eats and is subsequently passed on by Flyer Eats to the Partner Restaurant as per our agreed TAT (Turnaround time) with their MOU.
10. Our Liability
1. To the extent permitted by law, we provide our Service and content on an "as-is" and "as available" basis and we make no representation or warranty of any kind, express or implied, regarding the content or availability of our Service, or that it will be timely or error-free or that defects will be corrected.
2. Subject as provided below, neither Flyer Eats nor any Partner Restaurant shall have any liability to you for any direct, indirect, special or consequential losses or damages arising in contract, tort (including negligence) or otherwise arising from your use of or your inability to use our Service. In the event Flyer Eats or the Partner Restaurant is found to be liable to you our total aggregate liability is limited to the purchase price of the Meals you have paid for in your order.
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