Welcome to MealPe Online Food Ordering POS Private Limited.

The portal, https://mealpe.app and all its subdomains (the “Website”) and mobile application with the name and style ‘MealPe’, (the “App”) are owned and operated by MealPe Online Food Ordering POS Private Limited (“Company”, “us”, “we”, “our”),  a private limited company incorporated under the Companies Act, 2013, having CIN No. U62020GJ2023PTC139190 and its registered office at A-38, Vraj Vihar SOC, Vasna Road, Vadodara, Gujarat – 390007. The Website and App shall hereinafter, wherever the context may so require, be referred to as the “Platform”.

The Platform facilitates the online sale and purchase of food and other edible items between the restaurants and the customers, wherein it allows, restaurants to list their food and other edible products for sale, and customers to place orders for such food and other edible products, on the Platform (“Services”). The Services are only limited to the access and the use of the Platform and do not extend to any services provided or offered by the restaurants or any third party on the Platform, including preparing or delivering the food products. The Services may extend to such other services as may be introduced by the Company from time to time, including but not limited to delivery, restaurant management, POS, vendor marketplace, etc. (“Extended Services”), and the meaning of such Extended Services shall be construed within the meaning of ‘Services’. Accordingly, the terms of such Extended Services (as and when implemented) shall be read together with the conditions contained herein.

These terms and conditions (“Terms of Use”) together with the privacy policy (“Privacy Policy”), and such other policies and/or terms as available or may be placed on the Platform by the Company govern the use of the Platform. For the purpose of these Terms of Use, any reference to “you”, “your”, or “user”, would mean the person who accesses and/or uses this Platform, in any manner.

1. ACCEPTANCE OF TERMS

• These Terms of Use, the Privacy Policy, and such other policies or terms as may be placed or prescribed by the Company together constitute a legally binding agreement between you and the Company, in connection with your access to or use of the Platform. You may be subject to such additional terms and conditions communicated by us to you, from time to time, which are specific to the Services and/or the Platform. These additional terms and conditions, are incorporated into these Terms of Use by reference.

• Your clicking of the “I agree” button and/or accessing the Platform will be deemed as your acceptance of these Terms of Use. If at any time, you do not agree or wish not to be bound by these Terms of Use, please do not access or otherwise use or continue to use the Platform, and deactivate your account on the Platform, in the manner provided as per these Terms of Use and other terms as applicable to your transaction the Platform. These Terms of Use supersede all previous oral and written terms and conditions (if any) communicated to you by the Company, for the use of the Platform.

• You hereby represent and warrant that you are at least eighteen (18) years of age or above and are fully able and competent to understand and agree to the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use. You agree to use the Platform only in compliance with these Terms of Use and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).

• Minor: You represent and warrant that in the event you are below the age of 18 (“Minor”), your use of Platform will be supervised at all times by your legal guardian and/or parents. You agree that you being a Minor and the legal guardian and/or your parents shall be responsible to comply with the terms of these Terms of Use. You and your legal guardian and/or your parents hereby agree to hold harmless and indemnify us or any other user of the Platform for any loss caused due to unauthorized or unlawful use of the Platform, with or without an account.

• This document is considered an electronic record and is published in accordance with the provisions of the Information Technology Act, 2000 and the rules (as amended/re-enacted) made thereunder that require publishing the rules and regulations, privacy policy on an online portal of the Company. This electronic record is generated by a computer system and does not require any physical or digital signature.

• We request you to read these Terms of Use carefully before accessing or using the Platform.

2. AMENDMENT OF TERMS

• We reserve the right, in our sole discretion, to change, modify, update, terminate, or otherwise amend these Terms of Use, at any time, for complying with legal and regulatory requirements, for other legitimate business purposes, or for any other reason, without notice and without liability to you or any third-party. The most current version of these Terms of Use, as indicated at the end of this document, will govern our relationship with you.

• Please note that it is your responsibility to review these Terms of Use periodically. Your continued use of the Platform will constitute your acceptance of any such revisions.

3. REGISTRATION, ACCOUNT CREATION AND ACCESS

• Registration. In order to avail the Services, you will have to register on the Platform. Registration is a one-time process and is free of cost. You may register in one of the following ways:

• By creating a MealPe account: You may access the Platform by registering either through a one-time password (OTP) on your mobile number or manually by providing details on the Platform. If you are an individual/customer, you will have to provide certain personal information to the Company, including your name, date of birth, and contact details such as your telephone number and e-mail address, and if you are a restaurant owner, you will have to provide information to the Company, including name of the restaurant, GST number, FSSI number, address, e-mail address and location (collectively, the “Account Information”). You may be required to provide additional information as may be required by the Company to provide you with a better experience or to verify compliance with all the applicable laws. Following this, an account with an exclusive username and password will be created by us for you on the Platform.

• By using a third-party account: You may use the login credentials of the account maintained by you with a Company-identified third-party (illustratively, Google or Facebook), in which case you will also be subject to specific terms and conditions applicable to such account, imposed by the third-party. You confirm that you are the owner of any such social media account and that you are entitled to disclose your social media login information to us. You authorize us to collect your authentication information and other information that may be available on or through your social media account consistent with your applicable settings and instructions.

If you have previously registered on the Platform, you may login to your account using the same credentials provided by you during the registration process, within 12 months from your last login to the Platform.

• Account Information. You acknowledge that you are solely responsible for maintaining the confidentiality of the Account Information and for restricting access to your computer or mobile or other similar device to prevent unauthorized access to your account. We request you safeguard your password and your account and make sure that others do not have access to it. It is your responsibility to keep your Account Information current and accurate.  You agree to immediately notify the Company of any unauthorized use of your account or any other security breach. The Company will not be liable for any loss or direct or indirect damage arising from your failure to comply with these conditions. You may be held liable for any losses incurred to the Company or any other user due to unauthorized use of your account, resulting from your failure to keep your Account Information secure and confidential.

• SMS / E–mail Notifications. You understand that once you have registered onto the Platform, you may receive notifications from the Company in the form of SMS messages on your registered mobile number or e-mails. These notifications could relate to your registration, transactions that you carry out through the Platform and/or promotions. Further, the Company may also send notifications and reminders to you with respect to your activity on the Platform, in relation to the Services. Please note that while the Company endeavors to provide these notifications and reminders to you promptly, the Company does not provide any guarantee and shall not be held liable or responsible for any failure to send such notifications or reminders to you. You can unsubscribe / opt-out from receiving communications, newsletters and other notifications from the Company at any time by following the procedure set forth on the Platform.

• Access. We will try to make access to and use of the Platform error-free. However, your access to the Platform may be occasionally suspended or restricted to allow for repairs, maintenance, or for introduction of new facilities or services. Please note that we do not take responsibility for any access or use problems that arise from internet related issues at your end. Notwithstanding the foregoing, we reserve at all times, the right, at our sole discretion, to refuse access to the Platform, terminate accounts, remove or edit content at our discretion, with or without notice to you.

• You may be required to install certain upgrades or updates to the software in order to continue to access or use the Services, or portions thereof (including upgrades or updates designed to correct issues with the Services). Any updates or upgrades provided to you by us under these Terms of Use shall be considered part of the Services.

4. CONDITIONS OF USE

• You shall use the Platform for reasonable and lawful purposes only, and shall not indulge in any activity that is harmful to the Platform or its content or otherwise not envisaged through the Platform, as determined by the Company in its sole discretion.

• When you use the Platform, you agree that you are involved in the transmission of sensitive and personal information, including but not limited to Account Information (collectively “SPI”), which falls within the ambit of the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011. We agree to take all necessary steps to secure and maintain the confidentiality of the SPI that you have transmitted in compliance with the Information Technology (Reasonable Security Practices and Procedures and Sensitive Personal Data or Information) Rules, 2011 and Information Technology (Security of Prepaid Payment Instruments) Rules, 2017. All the SPI you will share with us shall be subject to the Privacy Policy.

• You hereby agree that you will not do any of the following:

• Delete or modify any content on the Platform, including but not limited to, any information regarding the Services, their performance, sales or pricing, legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, logos, that you do not own or have express permission to modify;

• not copy, transmit, display, perform, distribute (for compensation or otherwise), license, alter, store or otherwise use the Platform or any of its components.

• Decompile, reverse engineer, or disassemble the content on the Platform;

• Make false or malicious statements against the Services, the Platform, or the Company;

• not use the Platform and/or Services in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Platform or Services or any operating system;

• Post, copy, submit, upload, distribute, or otherwise transmit or make available any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage the Platform and/or Services or any connected network, or otherwise interfere with any person or entity’s use or enjoyment of the Platform and/or the Services;

• not use the Platform or any Services in a way that could damage, disable, overburden, impair or compromise the Platform, our systems or security or interfere with other users on the Platform;

• Engage in any form of antisocial, disruptive, or destructive acts, including “flaming,” “spamming,” “flooding,” “trolling,”, “phishing” and “griefing” as those terms are commonly understood and used on the internet; or

• Post or upload any content that is libelous, defamatory, abusive, threatening, harassing, hateful, and offensive or otherwise violates any law or right of any third-party.

• You hereby agree that you will not host, display, upload, modify, publish, transmit, store, update or share any information on the Platform that:

• belongs to another person and to which the user does not have any right;

• is defamatory, obscene, pornographic, paedophilic, invasive of another‘s privacy, including bodily privacy, insulting or harassing on the basis of gender, libellous, racially or ethnically objectionable, relating or encouraging money laundering or gambling, or otherwise inconsistent with or contrary to the laws in force;

• is harmful to child;

• infringes any patent, trademark, copyright or other proprietary rights;

• violates any law for the time being in force;

• deceives or misleads the addressee about the origin of the message or knowingly and intentionally communicates any information which is patently false or misleading in nature but may reasonably be perceived as a fact;

• impersonates another person;

• 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 cognisable offence or prevents investigation of any offence or is insulting other nation;

• contains software virus or any other computer code, file or program designed to interrupt, destroy or limit the functionality of any computer resource;

• is patently false and untrue, and is written or published in any form, with the intent to mislead or harass a person, entity or agency for financial gain or to cause any injury to any person.

5. LINKS TO THIRD-PARTY WEBSITES AND APPLICATIONS

• The Platform includes links to third-party websites and/or applications. You acknowledge that when you access a third-party link that leaves the Platform:

• the website or application you enter into is not controlled by the Company and different terms of use and privacy policies will apply;

• the inclusion of a link does not imply any endorsement by the Company of the third-party website and/or application, the website’s and/or application’s provider, or the information on the third-party website and/or application; and

• if you submit personal information to any of those websites and/or applications, such information is governed by the terms of use and privacy policies of such third-party websites and/or applications and the Company disclaims all responsibility or liability with respect to these terms of use, policies or the websites and/or applications.

• Users are encouraged to carefully read the terms of use and privacy policy of any third-party website and/or application that they visit. The Company reserves the right to disable third-party links from the Platform, although the Company is under no obligation to do so.

6. PLATFORM CONTENT

• Intellectual Property. All information, content and material contained on the Platform are and continue to be the Company’s intellectual property. Further, all trademarks, services marks, trade names and trade secrets in relation to the Platform whether or not displayed on the Platform, are proprietary to the Company, except any third-party logos which may also be displayed on the Platform with their consent. No information, content or material from the Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way without our express written permission. Any unauthorized use terminates the permissions granted by us in these Terms of Use.

• You agree not to use any framing techniques to enclose any trademark or logo or other proprietary information of the Company; or remove, conceal, or obliterate any copyright or other proprietary mark(s). Any infringement shall lead to appropriate legal proceedings against you at an appropriate forum for seeking all available/possible remedies under applicable laws of the country of violation.

• Disclaimer of Warranties. You expressly understand and agree that:

• The information, content and materials on the Platform is provided on an “as is” and “as available” basis. The Company and all its subsidiaries, affiliates, officers, employees, agents and partners disclaim all warranties of any kind, either express or implied, including but not limited to, implied warranties on merchantability, fitness for a particular purpose and non-infringement;

• The Company does not warrant that the operation of the Platform, including the functions contained in any content, information and materials on the Platform or any third-party sites or services linked to the Platform will be uninterrupted, timely or error-free, that the defects will be rectified, or that the Platform or the servers that make such content, information and materials available are free of viruses or other harmful components;

• Any material downloaded or otherwise obtained through the Platform is accessed at your own risk, and you will be solely responsible for any damage or loss of data that results from such download to your computer system and/or electronic device; and

• The Company cannot and will not assure you that other users of the Platform are or will be complying with the foregoing rules or any other provisions of these Terms of Use. As between you and the Company, you hereby assume all risk of harm or injury resulting from any such lack of compliance.

• User Generated Content.

• The Platform may contain user-generated content (“UGC”) which we do not pre-screen and which contains views that may be opinions of other users. These views do not represent our opinions, beliefs, morals or values. We do not claim any ownership rights to the text, comments, likes, views, opinions, files, images including photos, videos, sounds, musical works or any UGC that you submit or publish on the Platform. After posting any UGC on the Platform, you continue to own the rights that you may have in that UGC, subject to the limited license set out herein below. We do not promise that UGC on the Platform will not offend or upset any person or that it does not infringe the intellectual property rights of third parties.

• You hereby grant to the Company a royalty-free, perpetual, irrevocable, non-exclusive right and license to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works from, display worldwide, or act on UGC without additional approval or consideration in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content, and you waive any claim to the contrary over all feedback, comments, ideas or suggestions or any other content provided by you to the Company through the Platform.

• You are responsible for your UGC. You represent and warrant that (a) you are the sole author of, own, or otherwise control all of the rights of UGC or have been granted explicit permission from the rights holder to submit UGC, (b) your UGC was not copied from or based in whole or in part on any other content, work, or website, (c) your UGC was not submitted via the use of any automated process such as a script bot, (d) use of your UGC by us, third-party services, and our and any third party users will not violate or infringe any rights of yours or any third party, (e) your UGC is truthful and accurate, (f) your UGC does not violate the guidelines, policies or terms or conditions on this Platform or any applicable laws, and (g) your reviews on the Platform reflects an actual experience that you had in relation to the restaurants and you were not paid or otherwise remunerated in connection with your authoring or posting of the review.

• You assume all risks associated with your UGC, including anyone’s reliance on its quality, accuracy, or reliability, or any disclosure by you of information in the UGC that makes you personally identifiable. While we reserve the right to remove UGC, we do not control actions or UGC posted by our customers and do not guarantee the accuracy, integrity or quality of any UGC. You acknowledge and agree that the UGC posted by customers and any and all liability arising from such UGC is the sole responsibility of the customer who posted the content, and not of the Company.

• We reserve the right, at any time and without prior notice, to remove, block, or disable access to any UGC that we, for any reason or no reason, consider to be objectionable, in violation of these Terms of Use or otherwise harmful to the Services or our customers in our sole discretion. Subject to the requirements of applicable law, we are not obligated to return any of your UGC to you under any circumstances.

• It is pertinent to state that each and every review posted on the Platform is the personal opinion of the customers only. The Company only provides a means of communication between customers or restaurant owners/representatives with access to the restaurant business page. The advertisements published on the Platform are independent of the reviews received by such advertisers.

• We do not endorse any UGC nor represent that UGC is accurate, useful, or non-harmful. UGC could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights or other proprietary rights of third parties. We disclaim any responsibility for any harm resulting from anyone’s use, viewing, or downloading of UGC. If you access or use any UGC, you are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.

7. PLATFORM FEATURES

• The Platform only facilitates the restaurants to upload and showcase about it and their food products, and the customers can order food products as per their choice and taste. The Platform neither facilitates any services in relation to food preparation nor provides any delivery services, and disclaims any or all liabilities of whatsoever for the quality or timely delivery of the order food products.

• The customers can access the menu items or list of food products placed by the respective restaurants on the Platform and place orders for such food products to the restaurants through the Platform.

• Delivery of an order placed by the customer through the Platform will be undertaken directly by the respective restaurant against whom the customer has placed an order, either by themselves or through a third party appointed by such restaurant. You hereby agree that the Company is merely acting as an intermediary between the customer and the restaurants, and has no responsibility whatsoever to prepare and deliver the food to the customer, including deficiency in service, wrong delivery of order, time taken to deliver the order, order package tampering, etc.

• The customer may be charged a delivery fee for delivery of its order by the restaurant, which will be added to your final invoice and to be paid along with the price of the order. Such delivery charges may vary from order to order, and may be determined on multiple factors which shall include but not be limited to restaurants, order value, distance, time of the day.

• In respect of the order placed by the customer, the Company shall issue documents like order summaries, tax invoices, etc. as per the applicable legal regulations and common business practices.

• The customer can make a request for booking a table at a restaurant, offering table reservation via the Platform and related mobile or software application and such booking will be confirmed to a customer by email, short message service (“SMS”) and/or by any other means of communication only after the restaurant accepts and confirms the booking. The availability of a booking is determined at the time a customer requests a table reservation. You agree to provide correct details and warrant that these details are accurate and complete. By submitting a booking request, you express your acceptance to Privacy Policy, these Terms of Use and such other terms and policies as may be placed on the Platform and agree to receive booking confirmations by email, SMS and/or by any other means of communication after booking a table. The customer further agrees not to make more than one reservation for the customer’s personal use for the same mealtime.

• The Company may charge a booking fee from the customer upon booking a table at a restaurant on the Platform. This booking fee shall be added by the restaurant to the total bill for the items consumed by the customer at such restaurant. The customer shall also be liable to pay any additional charges and/or applicable taxes that may be applicable to the transaction.

8. PAYMENT OPTIONS

• The total price for food ordered, including the delivery charges and other charges, will be displayed on the Platform when the customer places their order, which may be rounded up to the nearest amount. The customers shall make full payment towards such food products ordered through the Platform. The customer will have to make the requisite payment for the Services availed by you on the Platform, which shall be added to the final invoice against the food order made to the restaurant through the Platform.

• All prices listed on the Platform are provided by the restaurants, including packaging or handling charges, if any, at the time of listing of the food products on the Platform, and the same are displayed by the Platform as received from the restaurant. While we take great care to keep them up to date, the final price charged to you by the restaurant, including the packaging and handling charges may change at the time of delivery. In the event of a conflict between price on the Platform and the price charged by the restaurant, the price charged by the restaurant shall be deemed to be the correct price.

• The Company may introduce subscription/membership fees in the future which will be chargeable to the customer if it accepts or avail services associated with such subscription/membership fees.

• The Company may from time to time offer to the customers credits, promo codes, vouchers or any other form of cashback as may be decided by the Company at its sole description. The Company reserves the right to modify, convert, cancel and/or discontinue such credits, promo codes or vouchers, as it may deem fit.

• We employ third-party payment gateways and/or electronic wallets to receive payments from you. If you are directed to a third-party payment processor, you may be subject to terms and conditions governing use of that third-party payment processor’s service and that third-party payment processor’s personal information collection practices. In connection with such payments, you will be asked to provide customary billing information such as, but not limited to, name, billing address and card information, either to us or our third-party payment processor. Please note that we cannot control any amount that may be charged to you by your bank or other payment facilitator in relation to collection of the total amount, and we disclaim all liability in this regard.

• The online payment for ordering food on the Platform can be made by using either your credit card, debit card, net banking, digital wallets or other payment options as made available by the third-party payment processor from time to time.

• The Company is not responsible for delays or erroneous transaction execution or cancellation due to payment issues. We take utmost care to enable smooth functioning of third-party gateways and/or electronic wallets to process payments, but do not control their systems, processes, technology and work flows and hence cannot be held responsible for any fault at their end.

• You agree and acknowledge that the transactions may call for and require additional verification or information from you, which may also fall within the ambit of SPI and you undertake to provide complete, correct and proper information. You shall be solely responsible for maintaining the confidentiality of the SPI, digital certificate, passwords and pass phrases assigned to you. You must immediately notify the Company and third-party gateways of any unauthorized use of your SPI, digital certificate, and passwords or pass phrases. You shall be responsible for any unauthorized activities, charges and/or liabilities made on or through your SPI, digital certificate, passwords or pass phrase. In no event shall the Company be liable to you for any unauthorized use or misuse of your SPI, digital certificate, passwords or pass phrase or security authentication option.

9. INDEMNIFICATION

• You agree to indemnify, defend and hold harmless the Company, its affiliates, officers, directors, employees, consultants, licensors, agents, and representatives from and against any and all third- party claims, losses, liabilities, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Platform or the Services, violation of these Terms of Use, or infringement of any intellectual property or other rights of the Company or any third-party. We will notify you promptly of any such claim, loss, liability, or demand, and in addition to the foregoing, you agree to provide us with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost. Your indemnification obligations hereunder will survive the expiry or termination of these Terms of Use and/or your use of the Service.

10. LIMITATION OF LIABILITY

• You acknowledge and undertake that you are accessing the Services through the Platform, transacting at your own risk and are using your best and prudent judgment before entering into any transactions through the Platform.

• To the fullest extent permitted by law, in no event shall the Company or any of its directors, officers, employees, agents or content or service providers (collectively, the “Company Representatives”) be liable to you for any direct, indirect, special, incidental, consequential, exemplary, special, remote or punitive damage, including, but not limited to damages for loss of profits, goodwill, use, data or other intangible losses arising from, or directly or indirectly related to, the use of, or the inability to use, the Platform or the content, materials and functions related thereto, the Services, your provision of information via the Platform, lost business, even if such Company Representatives have been advised of the possibility of such damages.

• In no event shall the Company Representatives be liable for:

• the use or inability to use the Platform and/or the Services;

• any content posted, transmitted, exchanged or received by or on behalf of any user or other person on or through the Platform;

• any unauthorized access to or alteration of your transmissions of SPI or other user data; or

• any other matter relating to the Platform or the Services.

• We are neither liable nor responsible for any actions or inactions of the other users of the Platform or any breach of conditions, representations or warranties by them. We are not obligated to mediate or resolve any dispute or disagreement between you and restaurants and other users of the Platform.

• None of the directors, officials or employees of the Company shall be personally liable for any action in connection with the Platform or the Services.

11. TERMINATION

• In the event you breach these Terms of Use or any other terms and policies on the Platform or in the event, any other user reports a violation of any of their rights as a result of your use of the Platform and/or the Services, the Company reserves the right to suspend or terminate your access to the Platform and/or Services with or without notice to you and to exercise any other remedy available under law. Any suspected illegal, fraudulent or abusive activity will be grounds for terminating your access to the Platform and/or Services. Upon suspension or termination, your right to avail the Services and access the Platform will immediately cease and the Company reserves the right to remove or delete your user information, including but not limited to login credentials, account details and information posted by you.

12. ACCESS OUTSIDE THE REPUBLIC OF INDIA

• The Company makes no representation that the content on the Platform is appropriate to be used or accessed outside the Republic of India. Any users who use or access the Platform from outside the Republic of India, do so at their own risk and are responsible for compliance with the laws of such jurisdiction. These Terms of Use do not constitute, nor may these Terms of Use be used for or in connection with any promotional activities or solicitation by anyone in any jurisdiction in which such promotional activities or solicitation are not authorized or to any person to whom it is unlawful to promote or solicit.
  
  

13. WAIVER

• No provision in these Terms of Use will be deemed waived and no breach excused, unless such waiver or consent is in writing and signed by the Company. Any consent by the Company to, or waiver of a breach by you, whether expressed or implied, will not constitute consent to, waiver of, or excuse for any other different or subsequent breach.
  
  

14. SEVERABILITY

• If any provision of these Terms of Use is held by a court of competent jurisdiction or arbitral tribunal to be unenforceable under applicable law, then such provision will be excluded from these Terms of Use and the remainder of these Terms of Use will be interpreted as if such provision were so excluded and will be enforceable in accordance with its terms; provided however that, in such event, these Terms of Use will be interpreted so as to give effect, to the greatest extent consistent with and permitted by applicable law, to the meaning and intention of the excluded provision as determined by such court of competent jurisdiction or arbitral tribunal.

15. NOTICES

All notices and other communications required or permitted hereunder to be given to a party will be in writing, in English language, and will be sent by e-mail, or mailed by prepaid internationally-recognized courier, or otherwise delivered by hand or by messenger, addressed to such party’s address as set forth below or at such other address as may be specified by a party to the other party in writing in accordance with this provision:

16. REPORT ABUSE

In the event you come across any abuse or violation of these Terms of Use or if you become aware of any objectionable content on the Platform, please report it to help@mealpe.org.

17. GRIEVANCE REDRESSAL

If you have any grievance with respect to the Platform or the Services, including any discrepancies or grievances with respect to processing of information, you can contact our Grievance Officer at:

18. FORCE MAJEURE

We will not be responsible for any delay or failure to comply with our obligations under these Terms of Use, if the delay or failure arises due to any event or circumstance beyond our reasonable control. 

19. GOVERNING LAW AND JURISDICTION

These Terms of Use, all transactions consummated between you and the Company and your relationship with the Company are governed by the laws of India, without reference to any conflict of laws principles. You agree that subject to Paragraph 21 below, courts at Ahmedabad, India shall have exclusive jurisdiction over any disputes arising out of or in connection with your use of the Platform or the Services.

20. DISPUTE RESOLUTION

Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of these Terms or to your use of the Platform and/or the Services, will be resolved by arbitration conducted in accordance with the Arbitration and Conciliation Act, 1996, as amended from time to time. The arbitral tribunal shall consist of a sole arbitrator to be jointly appointed by the disputing parties. The venue and seat of such arbitration will be Ahmedabad. The arbitration proceedings will be conducted and the arbitral award will be pronounced in the English language. The arbitral award will be final and binding on the parties. The costs of such arbitration shall be equally borne by the Parties.

21. ELECTRONIC RECORD

This document is an electronic record in terms of the Information Technology Act, 2000 (“IT Act”) and rules made thereunder as may be applicable, and the amended provisions pertaining to electronic records in various statutes as amended by the IT Act. This electronic record is generated by a computer system and does not require any physical or digital signatures. This document is published in accordance with the provisions of the IT Act and the rules made thereunder that require publishing the rules and regulations, privacy policy and terms of use of the Platform.

22. COMPLETE UNDERSTANDING

These Terms of Use contain the entire understanding between the parties, and there are no other written or oral agreements or promises between the parties with respect to the subject matter herein other than those contained or referenced in these Terms of Use.

YOU HAVE READ THESE TERMS AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE

Effective Date: 8^th September 2023