These Terms and Conditions (“Terms” / “T&Cs”) shall constitute a binding and legally enforceable agreement between You (“User”, “Your”, “Customer”, “Consumer”) and Urban Pulse Innovations Private Limited (hereinafter “Pick’N Treat”, “We”, “Us”, “Our”). These Terms shall govern your overall use of Pick’N Treat’s website / mobile application / services / or any software application (collectively referred to as “Platform”), for any purpose.
Please read these Terms carefully before accessing / subscribing to / using Pick’N Treat’s Platform. By using Pick’N Treat Platform, you agree to be bound by these Terms, including Pick’N Treat’s https://www.pickntreat.in/privacy-policy/ and any other policy applicable to Your usage of Our Platform. If You do not agree to these Terms or do not wish to be bound by these Terms, then You must refrain from using Our Platform. We reserve the right to amend or otherwise modify the Terms at any time by posting an updated version on the website and / or the mobile application. The updated Terms shall take effect immediately upon posting or any specific date notified in relation thereto. Your continued usage of the Platform signifies Your assent/ratification of the updated or modified Terms. If You object to these Terms or any subsequent modifications to these Terms in any way, then the You must immediately terminate the use of the Platform.
These Terms, inter alia, enumerates an understanding of (i) Pick’N Treat’s Platform / service offerings; (ii) Your obligations, responsibilities, covenants; (iii) other important terms & conditions that govern Pick’N Treat’s relation with You and other commercial matters.
Pick’N Treat services have been envisioned to uphold and contribute towards enhancing food sustainability and ensuring each individual should have accessibility to affordable food. As a precursor to our service offering, We have partnered with and onboarded various restaurant partners who are willing to sell surplus food items at a rate that is significantly lower than the regular market price of such food items.
Accordingly, Pick’N Treat provides a convenient Platform to enable You to order surplus meals available at aforementioned partner restaurants at below market prices and at the same point of time provide you with an opportunity to save food from eventually ending up in waste bins
You must retrieve the Surprise Bag at the designated location of the restaurant partner during the time period communicated to you on the mobile application. Upon pick-up, you shall show your order pick-up code available on the mobile application, after which the restaurant partner will hand out the reserved Surprise Bag to you. You should always make sure that the Surprise Bag handed out to you corresponds to your order. If you do not pick-up your order within the time period communicated to you, the Surprise Bag may no longer be available and the restaurant partner will not be obligated to hand out your order to you. No refund shall be provided to you in any such case.
Your Pick’N Treat user account is where you manage the details of your relationship with us and use the mobile application to place food order with respective restaurant partners. You must register and create an account by providing us with all the information we require during account registration or any time thereafter. You must keep your account information complete, accurate and updated. Any failure to provide or maintain this information may interfere with our ability to provide our services to you. You shall always ensure that you do not:
Our application will display the prices that will be charged for a particular Surprise Bag. The same shall be subject to applicable taxes. The order price that you pay is collected from you by us (along with applicable taxes) on behalf of the restaurant partner. Our restaurant partners have granted us explicit authorization to receive payments from you on their behalf in full discharge of your payment obligation for the Surprise Bag/s you purchase from the restaurant partners from via our mobile application. Please note, some restaurant partner may charge additional packaging fee at their discretion.
Furthermore, we will also charge a fixed platform fee (along with applicable taxes) from you for offering our mobile application in order for you to place Surprise Bag orders to the relevant restaurant partner. Such platform fee will be charged on per order basis.
In case any order placed by you is cancelled and consequently if you are eligible for a refund then the entire order amount (except the platform fee) shall be refunded to you.
Any complaints specifically in relation to our Platform should be submitted through the Help Centre / Customer Support or other similar section in the mobile application, before taking any other action. You must provide us with the details of your grievance and any other information reasonably requested by us. After receiving the complaint, we will process the complaint in accordance with our internal complaint practices. You hereby acknowledge that Pick’N Treat is not responsible for any grievance or dispute that you may have in relation to the restaurant partner or the food or the pick-up experience. You acknowledge that Pick’N Treat is operating in a limited capacity of a market place provider to connect you with the relevant restaurant partners. Therefore, any dispute pertaining restaurant partner shall be raised by you directly with the restaurant partner and Pick’N Treat shall not be a privy to such a dispute.
We can’t cover everything here but we’ve highlighted a few areas that are an important part of your relationship with Pick’N Treat. As you use our Platform, you are always responsible for the activity that occurs on your account, and are required to notify us immediately of any change in your eligibility to use or access our Platform, or any breach of security or unauthorized use of your account.
As a condition to use the Platform and access your account, you are required to comply with all laws and regulations that apply to you at all times in connection with your use of our Platform.
When you are present at restaurant partner’s outlet for order pick-up, you are expected to operate as a reasonable prudent individual with restaurant partner’s personnels and guests (other consumers in restaurant outlet premises). If you act inappropriately towards any such personnel / guests or if you commit a crime against such personnel / guests or in the restaurant partner’s premises in connection with the or violate the code of conduct or any other similar behaviour, then Pick’N Treat may, ban, exclude or suspend you from the Platform. Furthermore, the restaurant partner, its personnels, its guests and Pick’N Treat reserves the right to take any other legal actions against you.
Furthermore, you will abide by all the applicable laws and regulations.
Pick’N Treat values your privacy and works to ensure that it’s protected when using our Platform. When you use our Platform, we collect and process certain personal data about you. You can read more about how we collect and use personal data in our Privacy Policy https://www.pickntreat.in/privacy-policy/
We are entitled to suspend or terminate your access to our Platform including the deletion of your account at any time at our reasonable discretion without any liability. Such right may be exercised by Pick’N Treat including but not limited to the following scenarios:
We encourage you to contact us, if you believe that your Account has been suspended or terminated in error.
You agree to indemnify, defend and hold harmless Pick’N Treat and its subsidiaries and affiliates, along with their directors, officers, employees and contractors from and against any and all claims, demands, liabilities, costs or expenses, including attorney’s fees and costs, arising from, or related to your: (i) use of Pick’N Treat Platform; (ii) breach of these Terms; and (iii) violation of applicable law or regulation.
Pick’N Treat shall not be liable for any losses or damages arising out of or in connection with the following: (i) acts or omissions of a restaurant partner or third party including but not limited to the contents of Surprise Bag; (ii) your use of Pick’N Treat Platform; (iii) continuous availability of Platform; (iv) content of third party sites / links available on the Platform; and (v) circumstances outside of Pick’N Treat’s control.
To the maximum extent permitted by law, Pick’N Treat shall not be liable for indirect or consequential damages. Pick’N Treat’s aggregate liability to you for any damages shall not exceed the order amount collected from you by Pick’N Treat for an particular transaction.
Pick’N Treat Platform, including all underlying technology, software, graphics, designs and all copyrights, trademarks, service marks, trade names, logo and other intellectual property or proprietary rights contained therein, are and remain our sole and exclusive property except for content owned by third parties who have authorised Pick’N Treat to display their content. Except as expressly set forth in these Terms, no licence or any other right is granted to you.
By using our Platform, you agree not to copy, distribute, modify, or make derivative works of any content without our prior written consent. No part of our Platform shall be reverse engineered or reproduced or stored in any other system or platform or included in any public or private electronic retrieval system or service, without Pick’N Treat’s prior written permission.
You hereby acknowledge and understands that Pick’N Treat platform is made available to you on an “as is” and “as available” basis. We disclaim all warranties, express or implied, including any implied warranties of non-infringement, merchantability and fitness for a particular purpose.
In the event of any dispute between the Parties, arising out of or in connection with these Terms or with regard to the performance of any obligations by either Party, the Parties hereto shall use their best efforts to settle such disputes or differences of opinion amicably by mutual negotiation.
In case the dispute or differences are not settled amicably as within 30 (Thirty) Business Days from the date of initiation of amicable dialogue between the Parties, then such dispute shall be referred to a sole arbitrator, mutually appointed by the Parties.
The arbitration proceedings shall be governed by the Arbitration and Conciliation Act, 1996. The arbitration shall be conducted in English language and the venue of such arbitration shall be in New Delhi. The arbitrator’s award shall be substantiated in writing. The arbitrator shall also decide on the costs of the arbitration proceedings. The award shall be binding on the Parties, subject to the Applicable Laws in force.
These Terms shall be governed by and construed in accordance with the laws of India. The courts of New Delhi shall have exclusive jurisdiction in respect of any such disputes or claims.
If any part of the Terms are deemed unlawful, void or for any reason unenforceable, the parties agree that any such provision will be modified to carry out the original intent to the fullest extent permitted by law. If modification is not possible then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions of the Terms.
No failure or delay by Pick’N Treat to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
In accordance with Information Technology Act, 2000 and rules made therein and Consumer Protection (E-Commerce) Rules, 2020, the name and contact details of our Grievance Officer is provided below:
+91 8743 00 22 00
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