Please read these Terms carefully before accessing / subscribing to / using Pick’N Treat’s Platform. By using Pick’N Treat Platform and registering with Pick’n Treat as a restaurant partner, you agree to be bound by these Terms, including Pick’N Treat’s 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 our website and / or dashboard. 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.
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 allow various restaurant partners like you (subject to KYC verification and business due diligence), who are willing to sell surplus food items to the end customers at a rate lower than the regular market price of such food item.
Accordingly, Pick’N Treat provides a convenient Platform to enable You to get onboarded with us thereby enabling you to sell surplus meals available at restaurant partners’ outlets and at the same point of time provide you with an opportunity to monetize surplus food which otherwise would have resulted in wastage.
As a part of Service offering and subject to these Terms, Pick’N Treat will provide you with a personalised restaurant partner dashboard, which you can access for listing your surplus food in the form of Surprise Bag/s.
As a part of Pick’N Treat restaurant partner service offering, you will be provided with a restaurant partner dashboard, wherein you can manage, inter alia, your Surprise Bag listing, order pick up slots, Surprise Bag pricing, overall MIS of the executed order etc. Your Pick’N Treat dashboard is where you manage the details of your relationship with us. You must sign up on the dashboard 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 be responsible for the activity that occurs on your dashboard, and are required to notify us immediately of any change in your eligibility to use or access the dashboard, or any breach of security or unauthorized use of the dashboard. Please note, any Surprise Bag listing updated by you on the dashboard will be approved or rejected (depending on the listing content / description / pictures) by Pick’N Treat team in the back-end. Once approved, the same will reflect on customer mobile application
You hereby explicitly authorize Pick’N Treat to collect payments in relation to the Surprise Bag/s orders placed by the customers via Pick’N Treat Platform. All such payments from the customers shall be collected along with applicable taxes. You agree not to charge any payments and / or additional charges from the customers at the time of order pick-up. Pick’N treat will settle the amount collected on your behalf from the customers as per the settlement timelines agreed between you and Pick’N Treat
You hereby acknowledge that Pick’N Treat will deduct its Service Fee (Commission charges), along with applicable taxes, as agreed between you and Pick’N Treat, from the order settlement amount. You understand that apart from Service Fee, Pick’N Treat will also deduct applicable payment getaway fee along with applicable taxes (as charged by payment service providers) on cost to cost basis from the order settlement amount.
You shall be responsible to initiate refund for the cancelled orders and accordingly transfer the entire cancelled order amount (without any deductions) to Pick’N Treat for onward settlement to the end customer’s account. Without prejudice to this, Pick’N Treat reserves the right to initiate and deduct the refund amount for the cancelled orders from the balance of order settlement amount belonging to you that is maintained by Pick’N Treat.
You hereby acknowledge and understand that in cases where a customer raises a chargeback dispute, the card networks and the banking partners may require you to submit various details relating to the transaction between you and the customer. The same will have to be submitted within stipulated timeline. If any such chargeback dispute is ruled in favour of the customers, then you shall be required to refund the amount relating to the disputed order to the customer.
It is to be noted that irrespective of any transaction resulting into refund and / chargeback, payment gateway fee
will still be applicable and Pick’N Treat reserves the right to charge the same from you and / or deduct the same
from your settlement balance
You further acknowledge and agree that, without prejudice to any other legal rights of recovery available to Pick’N
Treat, Pick’N Treat reserves the right to deduct following amount from your order settlement balance available with
Pick’N Treat:
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.
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; (iii) violation of applicable law or regulation; and (iv) you dispute with the end customers.
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 end customers; (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 contro
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 service fee (commission) charged from you by Pick’N Treat for any 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.
We are entitled to suspend or terminate your access to our Platform including the deletion of your dashboard 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 access to our Platform has been suspended or terminated
in error
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 noninfringement, merchantability, continuous availability 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 (ECommerce) Rules, 2020, the name and contact details of our Grievance Officer is provided below:
Urban Pulse Innovations Private Limited
G-10 Second Floor South Extension Part 1, Main Market New Delhi – 110049 India
+91 8743 00 22 00
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