This Platform is operated by 3CAD Hospitality Limited Liability Partnership. This document, i.e., the Terms of Use (“Terms”) contains the terms and conditions between 3CAD Hospitality LLP (“we”, “our”, “us”) that owns and controls the brand known as Baked Darzee and you, the user of the Platform (“User”, “you”, “your”). 3CAD Hospitality LLP is a limited liability partnership incorporated under the Limited Liabilities Partnership Act, 2008 in India and having its registered office at 207,Veena Beena Shopping Center, Turner Road, Bandra (West), Suburban Mumbai – 400050.
To make this reader-friendly, we have divided these Terms of Use into four sections. These are:
3CAD Hospitality LLP offers services and sale and delivery of its products through this Platform (“Services”), conditional to your acceptance of these Terms. Your acceptance of these Terms is essential for us to provide our Services safely and seamlessly, in accordance with the applicable law(s).
Please read these Terms very carefully. If you do not agree to these Terms, 3CAD Hospitality LLP will not be able to provide any of its Services to you. By accessing or viewing the Platform and/or using the Services, you represent that you have read the Terms and agree to be bound by the same.
These Terms, together with any other terms that you may agree to by reference, constitute a legally binding agreement (“Agreement”) between you and 3CAD Hospitality LLP.
We may amend/modify these Terms at any time, and such modifications shall be effective immediately upon posting on the Platform. We will, wherever possible, attempt to notify you of any changes to the Terms by way of push notifications and/or pop-ups and/or e-mails. Your continued use of our Services will constitute your agreement to any changes we make.
If you do not agree to the Terms & Conditions as may be modified from time to time, you have the option to not avail or discontinue from availing our Services.
Legal age and Eligibility: In order to avail of our Services on your own, you must be of legal age and eligible to enter into a binding contract with us, as per the laws applicable to you. In the event that you are a minor availing our Services, it will be assumed that you have the due authorization from your legal guardian to accept these Terms.
Corporate User: If you are availing our Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to indemnify you and 3CAD Hospitality LLP for any violations of the Agreement.
Advertisement and Promotions: By accessing our Platform, you agree that we can display events or promotional offers relating to our products and Services.
Restrictions: When using our Platform, you undertake not to:
- 3CAD Hospitality LLP or others including patent, trademark, trade secret, copyright, moral rights, privacy, publicity, or other proprietary rights;
3CAD Hospitality LLP reserves its right to restrict, suspend or terminate your access or use of the Platform for violation of any of the aforesaid restrictions or for any other unlawful or inappropriate conduct.
Pricing
It is possible that prices may be inaccurately displayed on the Platform due to system or typographical errors, despite our attempts to avoid these errors. 3CAD Hospitality LLP is not bound by any inadvertent errors or inaccurate advertised prices. We reserve the right to correct any and all errors in the prices, and/or modify the prices without notice at any time. In the event an order is placed at a price that is lower than the actual price of the product, 3CAD Hospitality LLP shall have the discretion to cancel the order and request the customer to re-order the product or pay the amount of price difference to us.
We do not negotiate prices on our products and all our prices are final.
Intellectual Property Rights and Grant of Rights
For purposes of this Agreement “Platform Content” shall mean all information and/or content that you see, hear, or otherwise experience on the Platform including but not limited to product designs, text, graphics, images, software, audio, video, stills, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Platform.
All the products and the Platform Content are the property of 3CAD Hospitality LLP and are protected by Indian and international copyright, trademark, and other laws. We own or have the license to use all of the intellectual property rights relating to the Platform Content and the products, including their designs. You agree that by virtue of your use of our Platform or Services, you do not acquire any intellectual property rights vested with 3CAD Hospitality LLP.
We hereby grant you a limited license to access and make personal use of our Platform, subject to conditions, inter alia, in this section 2.
You may not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, transmit, broadcast, or otherwise exploit the products or our rights in the products or the Platform Content, except as expressly permitted in the Agreement, without our express prior written consent.
You hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise any rights you may have in your information for the purposes, as more particularly stated in our Privacy Policy.
Third-Party Services and Content
The Platform may be integrated with or may otherwise interact with third-party servers, applications, websites, etc. (“Third–Party Services”) to make our Services available to you. You understand and agree that we do not endorse and are not responsible or liable for the behaviour, features, or content of any third-party application nor do we warrant the compatibility or continuing compatibility of the third-party applications with the Platform.
The Platform may contain hyperlinks to external websites owned and operated by third parties. We have no responsibility in relation to the accuracy, completeness, and quality of the information contained within such third-party sites, and you access these sites at your own risk. Any and all contents on such third-party sites do not reflect the services or information provided by us. Please note that when you use third-party services, their own terms of use and privacy policies will govern your use of those services. References to any external links should not be construed as an endorsement of the links or their content by us.
Privacy Policy
When you use the Platform, we will collect certain information from you as set forth in more detail in our Privacy Policy, which is hereby incorporated by reference. The Privacy Policy is available at [insert hyperlink]
Subscription
Order
Please note that completion of the online checkout process shall not constitute our acceptance of your offer to purchase products and/or avail services from us. Our acceptance of your order is, inter alia, subject to our receipt of complete payment from youand availability of the products with us.
Prior to dispatch of the product(s), 3CAD Hospitality LLP has the right to decline an order for any reason, including legal or regulatory reasons or non-availability of necessary materials due to unforeseen circumstances.
We will notify you by e-mail as soon as possible to acknowledge that we have received and are processing your order. In case of Baked Darzee, if we cannot supply you with the product you ordered, we will not process your order, address an e-mail notifying you of the same, and, if you have already paid for the product, refund the full amount, as soon as reasonably possible.
Payment
The digital payment service is provided on the Platform using a third-party payment gateway. By clicking on the payment link on the Platform and entering the payment details, the User confirms that the credit or debit card or banking information provided is complete, accurate, and their own. Please check our Privacy Policy to understand who collects, processes, and stores the payment information supplied by the User at the time of payment. The prices /fees for our services and products as displayed on the Platform are inclusive of applicable taxes, delivery charges and any transaction fee that may be chargeable by the payment gateway service provider for facilitating the digital transaction.
The User shall be liable for any damages, loss, costs, expenses, indirect losses, or consequential damages of any kind that may be suffered or incurred by 3CAD Hospitality LLP as a result of any fraudulent or illegal transaction perpetrated by the User.
3CAD Hospitality LLP does not guarantee the security of the payment information provided by the User on the payment gateway link. We do not accept or assume liability for any damages, losses, costs, expenses, indirect losses, or consequential damages of any kind which may be suffered or incurred by the User from the use of the third-party payment gateway service.
All card payments shall be subject to authorisation by the User’s card issuer. We take full payment immediately for all products.
3CAD Hospitality LLP shall retain ownership of the meals or products sold until the order has been paid for in full. If full payment is not received by us but the User has already received the product, User undertakes to complete payment or return the product(s) to us at their expense, in accordance with our return instructions and in the same condition that as when the User had received them.
Delivery
At present, our services for Baked Darzee are only available within the territories of Mumbai, Navi Mumbai, Thane, Bengaluru, Pune, Chennai, Delhi NCR and Hyderabad.
Delivery days and time
All orders are generally delivered between 7:30 AM to 9:30 AM (tentative) or 3:00 PM to 6:00 PM basis rider availability. Our delivery riders will make best efforts to deliver your orders on time, however there may be occasional delays due to certain external factors beyond our control.
In case an order is not delivered in this time frame, except due to an event of Force Majeure as may be communicated to you, please reach out to us at inquiries@fooddarzee.com or +91 95905 10520. We will either assist you for expeditious delivery or cancel the order due to non-delivery and either refund or deliver the order the next day basis discussion with the customer.
Returns, Exchanges, and Cancellations
In the event we are unable to deliver any order(s) to you as a result of circumstances beyond our reasonable control, we will either refund the amount or deliver the order the next day basis discussion with the customer.
Although we take the maximum possible care in ensuring that the correct orders are delivered to you and that they are always fresh, you may sometimes receive the wrong order or an order with ingredients that may have become stale due to the weather or other conditions. If you receive the wrong order or a defective order, please contact us at inquiries@fooddarzee.com or +91 95905 10520 within 4 (four) hours of receipt of the order, along with images of the meal. Once we confirm your claim, we will attempt to replace the meal on the same day however, if we are unable to do so, we will refund you the amount or deliver a new order the next day as per discussion with the customer. Please note that disliking the food taste or minor differences in the appearance, colour, or weight of the meals as compared to the images and/or specifications on the Platform, shall not be considered to be “receipt of wrong order” or “order(s) received with defect””. There will be no replacement, refund or extension in subscription plan in such a case. The decision regarding whether a meal is wrongly delivered or defective shall be at the sole discretion of 3CAD Hospitality LLP.
As 3CAD Hospitality LLP offers unique range of products on its Baked Darzee platform which are often perishable, we are not able to offer any returns or exchanges on our products. An order once placed, shall be final and non-refundable. Once the order is placed by the User, there can be no cancellation for any reason whatsoever, except only in a situation where the delivery of the product(s) is delayed by more than 8 (eight) hours beyond the selected delivery date. In such a case, the User may cancel the order at his/her option by contacting us at inquiries@fooddarzee.com or +91 95905 10520 and we will issue a full refund to the User’s bank account.
In the event of unavailability of a product or if the User receives the wrong product(s) or product(s) with material defects and in a damaged condition, the User must immediately call us at +91 95905 10520 and e-mail us at inquiries@fooddarzee.com on receipt of the package, along with images of the product(s). Once we confirm that the products were received by the User qualify under the abovementioned conditions, we will replace the relevant product or process a full refund for the relevant product.
Please note that taste of the product or minor differences in the appearance, colour, or weight of the products as compared to the images and/or specifications on the Platform, shall not be considered to be “receipt of wrong product” or “product(s) received in damaged condition”. The decision regarding whether a product is damaged or not shall be at the sole discretion of 3CAD Hospitality LLP.
Force Majeure
You acknowledge that 3CAD Hospitality LLP may not be able to deliver the product (in case of Baked Darzee) under an order or there may be a long delay in delivery of the same, due to ‘Force Majeure’ events such as natural disasters, fire, pandemics or epidemics, lockdowns, strike, war, accident, embargo etc. In case 3CAD Hospitality LLP anticipates inability to deliver or delay in delivery of the meals/products due to an event of ‘Force Majeure’, we may have to cancel or postpone your orders. Please note that 3CAD Hospitality LLP shall not be liable to Users for any such cancellation or delayed delivery of User’s orders, except to the extent of refunding any pre-paid amounts.
Grievance Redressal
For any queries or grievances in relation to the Platform or our Services, you may contact our Grievance Redressal Officer (Mrs Sasha Po) at inquiries@foodarzee.com or +91 9321809917 or by writing to us at the following address:
3CAD Hospitality LLP ,
207,Veena Beena Shopping Center,
Turner Road, Bandra (West),
Suburban Mumbai – 400050.
LEGAL TERMS & CONDITIONS
Disclaimers
3CAD Hospitality LLP is an entity engaged in providing nutritional food and services on the Platform. However, 3CAD Hospitality LLP does not take any responsibility for any adverse health effects on the User arising from consumption of any meals/products or usage of our Services.
General: We expressly disclaim any liabilities and warranties regarding security, accuracy, reliability, applicability to you, effectiveness, timeliness, and performance of our Services, or that the Services will be error-free or that any errors will be corrected. No advice or information provided to you by 3CAD Hospitality LLP will create any liability or warranty that is not expressly stated herein. Nothing available on the Platform shall constitute 3CAD Hospitality LLP ’s opinion and should not be relied upon in making (or refrain from making) any decision.
Nutritional Services: We expressly rely on the personal and health details provided/disclosed to us by the User for providing our Services. We do not take any responsibility for any adverse health or physical effects that may be caused due to consumption of our food products and/or due to the User’s lack of disclosure or negligence in disclosing any important personal or health details. User must consult a physician prior to availing the services provided by 3CAD Hospitality LLP.
We do not provide or claim to provide any medical advice. Our representations regarding weight loss are based on an average understanding and the actual results may vary from person to person. We do not diagnose, treat or cure any disease. The benefits and/or effects of consuming our product(s)/meals(s) may vary from person to person-depending on several factors including their genetic make- up, life style and physical activity levels.
You are availing our Services voluntarily after being made aware that there might be health risks that may be caused by your own acts or omissions, unknown or unforeseeable at the time of availing our Services. You assume the risk of availing our Services and release us from all liability arising therefrom.
Platform: 3CAD Hospitality LLP does not accept or assume any liability in case of interruption of its Services through this Platform, as a result of any maintenance issues or upgrades, emergency repairs, or failure of telecommunications links and equipment or events that are beyond our control. The User shall be responsible for obtaining and maintaining telephone, computer hardware, and other equipment needed for access to and use of the Platform and all charges related thereto. We shall not be liable for any damages to the User’s equipment resulting from the use of the Platform.
Third Party Delivery: We have engaged a third-party delivery partner for delivering our meals/products to you. We specifically disclaim any liabilities and warranties with respect to the delivery of our meals/product(s) to you, arising due to the services rendered by such third-party service providers.
Force Majeure: We and/or our partners shall, under no circumstances whatsoever, be liable for any delay and/or default in performance under this Agreement caused by an event beyond our reasonable control, including but not limited to, war, accident, lockdown, epidemic, pandemic, law and order situation, industrial action, embargo, or any other supplier of goods or services to us or to you.
Indemnity
You agree to indemnify, defend and hold harmless 3CAD Hospitality LLP, its partners, licensors, or affiliates from and against any claims, losses, expenses, or costs arising out of misrepresentations regarding your health conditions, your breach of this Agreement including or the documents it incorporates by reference, or your violation of any law, rules or regulations or the rights of a third party.
Limitation of Liability
To the maximum extent permissible by applicable laws, in no event will 3CAD Hospitality LLP and/or its partners be liable to you for any, indirect, incidental, special, punitive, or consequential damages, or lost profits, arising out of, or in connection with, your use of the Services and/or the Platform, whether the damages are foreseeable, and/or whether or not we have been advised of the possibility of such damages in advance. Our liability, if any, will always be limited to a maximum of the total price of our Service/product purchased by you.
Except as otherwise required by applicable law, any claim or cause of action you may have against us must be brought to our attention within 30 (thirty) days of the occurrence of the event giving rise to the claim or cause of action, or the same will be deemed to be forever barred.
Governing Law and Jurisdiction
The Agreement shall be strictly governed by and constructed in accordance with the laws of India, the Courts of Mumbai, India shall have exclusive jurisdiction over any disputes arising from the Agreement or use of the Platform.
Miscellaneous:
- In the event that any term, condition, or provision of the Agreement is held to be a violation of any applicable law, statute, or regulation the same shall be deemed to be deleted from the Agreement and shall be of no force and effect and the Agreement shall remain in full force and effect as if such term, condition, or provision had not originally been contained in the Agreement.
- : This Agreement constitutes the entire agreement between the parties with respect to the within-subject matter and supersedes any previous understanding, document, e-mail between the parties. This Agreement shall only be modified in writing, executed by both parties
ENTITY NAME:
3CAD HOSPITALITY LLP
ADDRESS:
3CAD Hospitality LLP,
207,Veena Beena Shopping Center,
Turner Road, Bandra (West),
Suburban Mumbai – 400050.
Email address: team@fooddarzee.com and inquiries@fooddarzee.com