1.  Introduction

   1.1  Eatselecta India Private Limited,having its registered office at 36/1 Golden Haven Apartments, Ground Floor, AD Block 10th Main Road, Anna Nagar, Chennai – 600 040 (hereinafter referred to as "Eatselecta", "we", "us", or "our") provides a facilitative platform for vendor(s) registered with us as a merchant (each, a “Merchant”)to sell their products to their customers (each, a “Customer”) in accordance with certain Terms of Serviceentered into between ourselves and such Merchant

  1.2  Pursuant to the above, and subject to these Terms of Use, a Customer of a Merchant would be able to place orders on the Merchant for dine-in (as applicable), takeaway/ pick-up or delivery of the items so ordered (as per the options made available by the Merchant) through the webpage hosted by Eatselecta, exclusively for each Merchant, as well as any page linked to the Eatselecta App, which is dedicated to the Merchant (each such webpage/page is hereinafter referred to as the "Site”).

  1.3  All Customers accessing the Site (hereinafter referred to individually as “Customer” and collectively as “Customers”, “you” or “your”, as the context requires) are requested to read these Terms of Use before accessing or usingor downloading or posting any content from theSite, carefully, as they contain important information regarding legal rights, remedies and obligations. For accessing or using the Site, you would be required to confirm that you have read, and that you have understood and you agree to be bound by these Terms of Use, as may be modified by us from time to time, and further that you are competent to undertake to be bound by and adhere to these Terms of Use.

  1.4  Your ability to access or use the Site or place any orders on any Merchant, is subject to your acceptance of these Terms of Use and any other terms and policies of Eatselecta (including the Privacy Policy, as notified from time to time), as applicable.

  1.5  Any Customer who does not agree to these Terms of Use shall have no right to access or use the Site or any part thereof.

  1.6  At the time of accessing the Site, you will be required to provide necessary information / declarations as to your competence to accept and adhere to these Terms of Use. Your ability to access the Site and/or place any orders on any Merchant is subject to your providing authentic and accurate information in this regard and your acceptance of these Terms of Use.

  1.7  We hereby reserve the right to modify these Terms from time to time, by changing the Terms of Use on the Site, which you are required to regularly review to update yourself thereof. Your ability to access the Site or place any orders on any Merchant through the Site shall be subject to Clause 1.6 above with respect to the Terms, as modified.

  1.8  The Customer shall not host, display, upload, modify, publish, transmit,store, update or share any information on the Site that is prohibited under law (including without restriction under Rule 3 (1) (b) of the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021)to be hosted, displayed, uploaded, modified, published, transmitted,stored, updated or shared.

2.  Terms of Use

  2.1  Eatselecta is only a facilitative service provider providing an online platform to Merchant to enable Merchant to sell their products to Customers and for Customers to purchase such products from Merchants, and we are neither party to nor privy to the underlying sale transaction conducted between Merchant and Customers. Accordingly Customer acknowledges that:

   a. The content on the Site is as uploaded by a Merchant and Eatselecta has no obligation to verify the correctness or accuracy of any content placed by a Merchant on the Site.

   b. Merchant is solely responsible with respect to the products marketed by it and any claims or issues pertaining to transactions undertaken by the Merchant and Customer must be escalated by Customer directly and only with the Merchant.

   c. We have no obligations or responsibilities with respect to the products marketed by the Merchants (including the pricing thereof) or the obligation of the Customer to make payment for any products purchased from the Merchant. All refunds are subject to the refund policies of the Merchant from which you order and are to be taken up by the Customer directly with such Merchant.

   d. We do not render any delivery services, and we make no express or implied warranty of any kind whatsoever with respect to the delivery of products which may order through the Site.

   e. We are not liable or responsible for any loss or damages suffered by the Merchant or Customer or any claims inter se Merchant and Customer, arising out of or in connection with the sale transaction undertaken between themselves.

   f. We disclaim all warranties, including, but not limited to, the warranty of title, merchantability, non–infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade with respect to any products marketed by a Merchant on the Site.

   g. In no event will we be liable to you for any direct or indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Site or any transaction conducted thereon, whether based on warranty, contract, tort (including negligence), statute, or any other law, and whether or not we have been informed of the possibility of damage.

  2.2  Customer will be required to provide information in the nature of his/her name, address for delivery of the product(s) and such other data as is required in order for the Merchant to take up the Customer’s order. Customer is solely responsible for any data provided by him/her at the time of placing any orders with any Merchant on the Site. We are not responsible for the authenticity or accuracy of any such data provided or any issues arising therefrom. Customers are encouraged to acquaint themselves with our Privacy Policy at which governs the collection, handling and use of data provided by Customers.

  2.3  Merchants may use an outsourced transaction processing company/payment gateway in connection with processing payments you make for the orders you place on the Site. The said company/gateway/ third party service provider may retain, share, store or use your information in connection with the transaction(s) in question and for any other relevant and related purpose. Notwithstanding anything to the contrary elsewhere, Eatselecta shall have no responsibility or liability for any issues pertaining to the outsourced third-party payment gateway. For any such issues pertaining to the third-party payment gateway (including multiple debits, whether successful or not etc.), Customer may follow up with the third-party gateway or the his/her bank/financial institution concerned.

  2.4  We shall have the right to monitor the download / access as also usage of the Site by any Customer.

  2.5  All the intellectual property rights in or related to the Site (including the trade names, trademarks and logos of Eatselecta) and all data collected byEatselecta’sservers shall at all times remain solely under the ownership of Eatselecta.You have no rights in or to the Site, and you will not use the Site except for the purpose of accessing the same to place an order on a Merchant.Without prejudice to the generality of the foregoing:

  a. No portion of the Site or content thereof shall be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited in any manner other than as specifically permitted under these Terms.

   b. Customer shall not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images) of the whole or any portion of the content of the Site withoutEatselecta’sexpress written consent.

   c. Customer shall not use any meta tags or any other “hidden text” utilisingEatselecta’sname or trademarks withoutEatselecta’sexpress written consent.

   d. Customer shall not attempt to gain unauthorised access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server, computer, network or to any of the services offered on or through the Site, by hacking, ‘password mining’ or any other illegitimate means.

  2.6  Eatselecta has the right to immediately withhold/suspend/disableyour ability to access or use the Site (in addition to any legal remedy that), at any time, if (i) you failto comply with the terms hereof (ii) you violate any applicable laws, regulations or third party rights, or (iii) Eatselecta reasonably believes that your access / use of the Site is fraudulent or inappropriate and will be erosive to Eatselecta’s goodwill.

  2.7  These Terms of Use are governed and construed in accordance with the Laws of Union of India and are subject to the exclusive jurisdiction and venue of courts in Chennai.

  2.8  If you face any issues with the Site (otherwise than in connection with any transaction between Merchant and Customer), you may email us at support@eatselecta.comor write to us at the following address:36/1 Golden Haven Apartments, Ground Floor, AD Block 10th Main Road, Anna Nagar, Chennai – 600 040