Please read the terms and conditions ("Terms and Conditions") set out below carefully before ordering any food item from the mobile application. By ordering any food item from this Mobile applications, by phone, or by our mobile applications, or by handheld devices you agree to be bound by these Terms and Conditions. The Document present is an electronic record in terms of the information technology act,2000 and rules there under as applicable and the amended provisions about electronic records in various statutes as amended by the Information Technology Act, 2000. This document is shared with the provision of Rule 3(1) of the intermediaries guidelines Rules of the information technology that require Terms of service,tdibba condition, privacy policies and rules/regulation for access or usage of www.tdibba.com and tdibba mobile application.
While we welcome you on tdibba, these are few things we require on each user on tdibba. Your reviews, ratings and your profile are all subject to our Guidelines, our user code of conduct.
If we found any activity, that is not following the given guidelines, we reserve the right to take action. This could include deleting or altering your reviews, your tdibba account, with or without notice.
Section :1 Introduction we are tdibba, a brand of https://www.tdibba.com unless otherwise stated.
Section :2 Definations
- "we","us","our" and "tdibba" are refrences to the company .
- "you", "your", "Customers", "users" and "yours" are references to you the user accessing our mobile application and order daily food from the tdibba vendors.
- "food item" is a reference to any food, which may deliver to you from our tdibba vendor partners.
- "tdibba vendors" is a third party vendor which has agreed with the company to prepare and/or deliver the food items.
- "food delivery" is a reference to deliver food and any form of delivery service which both are provided by our tdibba vendors and tdibba delivery person.
- "tdibba delivery fleet" is a reference to our delivery team/boy, which is also responsible to deliver food, depends upon the city where the delivery team is deployed.
- "Mobile Application" is a reference to our mobile application name "tdibba" on which we offer food items.
- "Website" is a reference to our website "www.tdibba.com" on which "user" can manage and check their account and edit there profile, which follow every terms and condition that mention in the document.
- "Prebooking Orders" is referring to those order where user can fix their meal plan across the mention time duration. Depend upon cities to cities, area to area.
- "Normal order" refers to those order which is ordered on the same day.
Section:3 Prices and Payment
- Any contract for the supply of food items through our mobile application is between you and the tdibba vendors; for the delivery of food items through a mobile application is between you and tdibba. You agree and take care of all your details when providing us , should be accurate and complete at the time of ordering. You also warrant that the debit and credit card details that you provide are for your seld credit and debit card and that you have sufficient balance to make payment at the time of ordering.
- All price ie mention on the mobile application is correct and have been input as received by tdibba vendors and we make sure it is up to date, the final price is taken by you by the vendor at the time of delivery if there is any change as per the latest price mentioned in the menu. We also reserve the right to stop listing tdibba vendors and their food items.
- All price on the mobile application is decided by tdibba vendor, in case if any price listing is not current and tdibba vendors inform us immediately after placing the order, we will put our best effort to contact you to inform you about price change and differenced and you can choose to opt-out of the order at that time.
- All price is fixed by the tdibba vendors and they supply tiffin across there decided areas, so if any change is reporting after placing the order, we will immediately contact you and you can choose to opt-out of the order at that time.
- All cost for the delivery by tdibba or a third party assigned by tdibba is correct at the time of publications, we will reserve the rights to alter these in future with or without notice.
- The total price of delivery including all Delivery and other charge is mentioned at the time of placing an order which is payable either through by cash or through online payments mode e.g credit and debit card and any tdibba mobile approved wallets and UPI's which is available on the mobile applications.
- If you opt for online payment, you must pay the full amount before it is delivered, to agree that online payment is secure, your debit and credit card details should be encrypted enough that it is unable to read by others because it will send over the internet. Your credit and debit card company may also conduct a security check to ensure that you only make this transaction.
- The price reflected on the mobile application/email is decided by the tdibba vendors and informed to tdibba at the time of there registration, listings or afterwards. Any change in the prices of the menu at the time of placing an order is at the sole discretion of the tdibba vendors.
- All applicable taxes and charges are being charged by the tdibba vendors and the same collected by tdibba on their behalf.
- All charges and taxes are directly remitted as it is to tdibba vendors, tdibba does not retain any amount thereof.
- GST and charges related conditions.
- Tdibba introduces prebooking features in our mobile application, all payment is done either through cash on delivery or by online payment methods.
- Prebooking features provide the user with a portal to fix their meal plan across the whole month, Minimum day's for getting prebooking features is 7 days and the maximum for thirty days.
- User can fix their meal plan with tdibba vendors one at a time and mention prebooking type in the mobile applications.
- The price of the pre-booking order is decided by the tdibba vendor and tdibba is not responsible if any price will increase by the vendor in the middle of there meal plan.
- The whole amount of the meal plan will take at the time of ordering pre-booking service, Amount is held in the user account for that duration, once the duration is over no amount will be refunded back to the customer.
- If the Customer wants to cancel any meal within its meal plan date , then no amount will be refunded back of that day, user meal count will carry forward to the future date.
- If a user wants to cancel their meal plan then the remaining amount will be credited to the wallet which is associated with a user account in the mobile applications.
- The term "wallet" is a reference to a wallet that accumulate the amount of money that is refunded back at the time of meal plan cancel request raised by the user.
- If the user wants to cancel its whole meal plan then tdibba will provide money after deduct all the amount of offer which was applied on this pre-booking request at the time of its booking.
- At the time of cancellation of the meal plan, the amount will refund in that case when its deposit amount is greater than the consumed meal amount plus any offer applied on that request. If the deposited amount is less than above both calculation(Consumed meal amount + Offer Applied) then, the meal plan will cancel but no amount is refunded back to the user.
- Charges, tax or any levies are applied on the pre-booking amount is totally decided by tdibba vendors, tdibba do not take any responsibility for that charge amount.
- Prebooking or subscriptions orders are those order or request where you can fix your vendor for a particular period of time, tdibba ensure that the information for this kind of order or request is shared fully with the user that is given by tdibba vendor at the time of vendor registration i.e Operating time, Per meal amount, Meal contains dishes, Name, food quantity, time of delivery, availability, any special diet, Vendor unavailability on a particular date. Tdibba does not take any guarantee on that detail provided by the tdibba vendor. Tdibba vendor is solely responsible for the information shared. Tdibba only guarantee your amount value, Money is safe with tdibba and if you do not want any service of any vendor, then you easily switch your account after proper intimations to tdibba.
- Tdibba provides you with the platform, where you can find vendors in your nearby areas that run tiffin centre, restaurants and hawkers.
- Tdibba provide you with the platform, where you can fix your meal with any vendor(Once at a time) i.e registered only on tdibba mobile applications
- Meal plan amount is taken by tdibba either through cash on delivery or by any online payment mode i.e supported on tdibba mobile applications.
- If any payment or amount is given by the user to any person which do not come under tdibba rules and regulation than tdibba is not responsible for the user/customer amount.
- Any offer which is applied to any order is clearly mentioned in the mobile applications and offer value will be applied accordingly.
- If any amount is paid to tdibba either by cash on delivery or by any Online payment mode, a proper invoice of that amount will send to the user given mobile number/email.
- User can check their consumed meal count report on the mobile application at any time.
- Food coupons are valid only on normal order but it does not apply on pre-booking orders.
- For pre-booking order, the mobile application will take a few information from the user and provide the necessary detail of tdibba vendors. User needs to verify his/her name, mobile number, email, location, Prebooking type, Prebooking duration, Meal type, time slot, any instruction etc. Tdibba will share your information with the registered tdibba vendor through the mobile app only so it will help the vendor to deliver your order.
- If any misleading or misguiding activity is done by the vendor that tdibba is not responsible for that, solely vendor is responsible for his actions.
- If any legal action is taken by the user then tdibba will help the user by giving the tdibba vendor detail and order id on which action is taken. Neither any member belong to tdibba is responsible for this crime except that vendor.
- Tdibba is only providing a platform for communication and it is agreed that the contract for the sale of any of the products or services shall be a strictly bipartite contract between the Tdibba vendor and the User. In case of complaints from the User about food efficacy, quality, or any other such issues, Tdibba shall notify the same tdibba vendor and shall also redirect the user to the consumer call centre of the tdibba vendor. The tdibba vendor shall be liable for redressing user complaints. In the event you raise any complaint on any tdibba vendor accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the tdibba vendor and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
- Please note that there could be risks in dealing with underage persons or people acting under false pretence.
- Tdibba is operating an online marketplace and assumes the role of the service provider, and does not at any point of time during any transaction between User and tdibba vendor on the Platform come into or take possession of any of the products or services offered by tdibba vendor. At no time shall tdibba hold any right, title or interest over the products nor shall tdibba have any obligations or liabilities in respect of such contract entered into between the user and Tdibba vendor.
- Tdibba is not responsible for any non-performance or breach of any contract entered into between users and tdibba vendors on the Platform. tdibba cannot and does not guarantee that the concerned users and/or tdibba vendors will perform any transaction concluded on the Platform. tdibba is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products that are out of stock, unavailable or back-ordered.
- You are advised to independently verify the bona fides of any particular tdibba vendor that you choose to deal with on the Platform and use your best judgment on that behalf. All vendors offer and third party offers are subject to respective party terms and conditions. Tdibba holds no responsibility for such offers.
Section 4: Ordering
4.1 Food Ordering purchased from this mobile applications are intended for your use only and you warrant that any items purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
4.2 Please note that some of our food items may be suitable for certain age ranges only. You should check that the food item you are ordering is suitable for the intended recipient.
4.3 Any contract for the supply of food items through our mobile application is between you and the tdibba vendors; for the delivery of food items through a mobile application is between you and tdibba. You agree and take care of all your details when providing us, should be accurate and complete at the time of ordering. You also warrant that the debit and credit card details that you provide are for your sole credit and debit card and that you have sufficient balance to make payment at the time of ordering.
4.4 While ordering from this mobile application you may be required to provide an email mobile number address and password. You make sure to secure this information and do not make this information available to any third party vendor.
4.5 While using our mobile applications you can not host, display, upload, download, modify, publish, transmit, update or share any information which belongs to another person and which you do not have any right to.
4.7 Amount of subscription is non-transferrable, when a customer cancels the subscription then the remaining amount excluding the offer amount is refunded back only in tdibba mobile application wallet.
4.8 If any offer is applied on subscriptions then at the time of cancel subscriptions, the offer amount will be deducted from the remaining subscription amount.
4.9 we have housekeeping of data after your plan gets completed or cancelled for up to 3 months. Subscription details (cancelled or completed) will already be communicated either through Email or Messaging channels. After that, we will not able to provide or shall any responsibility for loss of data or old data. Tdibba is not able to
Section 5: Delivery
- For Subscriptions or Prebooking meal is delivered by the vendor itself.
- A time slot is given in the applications, customer needs to set time over there. Time Slot is totally given by the vendor according to there timings of operations, tdibba is not responsible for that if delivery is being done after or before the delivery slot. No amount of that meal will not be refunded.
- The meal will deliver to your decided place, on daily bases you need to collect your meal from that place, tdibba will not make any payment if the meal is collected by someone or used by someone, the customer itself have responsible for that.
- If a meal has some packing issue or tempered, then the amount of that particular meal equivalent will be transferred to your given account.
- Delivery of meal totally depends upon the vendor till tdibba comes with a delivery solution.
- You understand that delivery periods quoted to you at the time of confirming the order is an approximate estimate and may vary. We will not be responsible for any delay in the delivery of your order.
Section 6: Cancellation and Refund
Cancellations and Refunds
- As a general rule, you shall not be entitled to cancel your order once you have received confirmation of the same. If you cancel your order after it has been confirmed, Tdibba shall have a right to charge you a cancellation fee of a minimum of INR 25 up to the order value, with a right to either not to refund the order value or recover from your subsequent order, the complete/ deficit cancellation fee, as applicable, to compensate our restaurant and delivery partners. Tdibba shall also have the right to charge you a cancellation fee for the orders cancelled by Tdibba for the reasons specified under clause 1(iii) of this cancellation and refunds policy. In case of cancellations for the reasons attributable to Tdibba or its restaurant and delivery partners, Tdibba shall not charge you any cancellation fee.
- However, in the unlikely event of an item on your order being unavailable, we will contact you on the phone number provided to us at the time of placing the order and inform you of such unavailability. In such an event you will be entitled to cancel the entire order and shall be entitled to a refund following our refund policy.
- We reserve the sole right to cancel your order in the following circumstance:
- in the event of the designated address falls outside the delivery zone offered by us;
- failure to contact you by phone or email at the time of confirming the order booking;
- failure to deliver your order due to lack of information, direction or authorization from you at the time of delivery; or
- unavailability of all the items ordered by you at the time of booking the order; or
e.At the time of subscriptions or Pre-booking of any meal plan, Meal Cancellation time is provided by the vendor itself, if any order is being cancelled after the given meal cancellation time then no amount of that particular meal will be refunded back to the customer. And the order will be cancelled after your confirmation.
f.Meal Cancellation time is given by the tdibba vendor to tdibba, and tdibba will show the same cancellation time to the customer. If any order will cancel by the customer after the mention cancellation time then the amount for that order will not refund back to the customer.
- You shall be entitled to a refund only if you pre-pay for your order at the time of placing your order on the Platform and only in the event of any of the following circumstances:
- your order packaging has been tampered or damaged at the time of delivery;
- us cancel your order due to (A) your delivery location following outside our designated delivery zones; (B) failure to contact you by phone or email at the time of confirming the order booking;
- you cancelling the order at the time of confirmation due to the unavailability of the items you ordered at the time of booking.
- Our decision on refunds shall be at our sole discretion and shall be final and binding.
- All refund amounts shall be credited to your account within 3-4 business days following the terms that may be stipulated by the bank which has issued the credit/debit card.
- When the Customer, cancel the pre-booking subscription then the Actual meal price will be deducted. For exam in 60 meal count subscription, if per meal amount is 70 and the Offer amount is 50 then the Monthly amount will be 3000 at the time of booking cancellation, consumed meal count(10) will be multiplied by per meal amount(70) and remaining sum will be refunded (3000-700 = 2100).In this case, the remaining amount will be 2100.
In case of payment at the time of delivery, you will not be required to pay for:
- orders where the packaging has been tampered or damaged by us;
- wrong order being delivered; or
- items missing from your order at the time of delivery.
- Items in the meal box are carried by the vendor itself, tdibba is not responsible if any item is missing inside the box as displayed on the mobile applications.
- If the vendor will make its service unavailable on any of the pre-booked days, then the amount of that meal is refunded back to the customer wallet. If the customer wants its money from wallet to account then it will take a minimum of 5 working days, depends upon the service providers.
- Netbanking – 5-7 business days
- Debit/Credit Cards - 5-7 business days
- Sodexo - 7 days
- Wallet payments - 3 Days
- phone pe (wallet ) - 24 hours
- UPI - 5-7 business days
- At the time of subscriptions or Pre-booking of any meal plan, Meal Cancellation time is provided by the vendor itself, if any order is being cancelled after the given meal cancellation time then no amount of that particular meal will be refunded back to the customer.
- The meal Cancellation time is given by the tdibba vendor to tdibba, and tdibba will show the same cancellation time to the customer. If any order will cancel by the customer after the mention cancellation time then the amount for that order will not refund back to the customer.
Section 7: General Information.
- Blacklisting of customers: Tdibba reserves the right to block/blacklist customers with suspicious activity on their accounts. Suspicious activities include, but are not restricted to:
- Unfair voucher use.
- Using multiple logins from the same device.
- For concerns regarding blacklisting, please reach us at firstname.lastname@example.org
- We reserved the rights to cancel any pre-booking order of the customer if the customer wants us to transfer his account money to somebody else.
- Customers placing orders with tdibba are liable for receiving promotional SMS, irrespective of their number being registered under NDNC. If customer wish to not receive promotional SMS, they may contact us at email@example.com
- No delay or failure on our part to enforce our rights or remedies under the Agreement shall constitute a waiver on our part of such rights or remedies unless such waiver is confirmed in writing.
- These Terms and Conditions and our Agreement shall be governed by and construed following the laws of India. The parties hereto submit to the exclusive jurisdiction of the courts of India in Jaipur.
- We may alter or vary the Terms and Conditions at any time without notice to you.
- Payment must be made either at the time of ordering the Food Delivery, Goods or Services from us by credit card or at the time of delivery by cash. Failure to pay on time will result in the cancellation of your order.
Section 8: Pre-booking and Financial terms
- The Merchant shall be solely responsible for any warrantee/guarantee of the food products sold to the Buyers and in no event shall be the responsibility of Tdibba.
- The transaction is bilateral between the Vendor and Customer and therefore, Tdibba is not liable to charge or deposit any taxes applicable to such transaction.
- The prices reflected on the Platform are determined solely by the Vendor and are listed based on the Vendor's information. Very rarely, prices may change at the time of placing an order due to the Vendor changing the menu price without due intimation and such change of price are at the sole discretion of the Vendor attributing to various factors beyond control.
- Offer value is applicable only valid for 45days from the date of booking, After that company is liable to cancel the offer value or change the price of the product. The price of the product depends upon the vendor decided/given prices. if or any case, the customer is unable to consume its meal in the given period of time then we can discontinue its meal plan and it totally depends on our desicion.
Disclaimer: Prices on any product(s) as is reflected on the Platform may due to some technical issue, typographical error or product information supplied by the Vendor be incorrectly reflected and in such an event Vendor may cancel such your order(s).
- The final tax bill will be issued by the vendor to the Customer along with the order and Tdibba is merely collecting the payment on behalf of such Merchant. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the vendor. tdibba holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Vendor.
- You confirm and acknowledge and agree that we act as the Vendor’s payment agent for the limited purpose of accepting payments from you on behalf of the Vendor. Upon your payment of amounts to us, which are due to the Vendor, your payment obligation to the Vendor for such amounts is completed, and we are responsible for remitting such amounts, to the Vendor. You shall not, under any circumstances whatsoever, make any payment directly to the Vendor for Order bookings made using the Platform.
- All payments for service done by you on the Platform shall be accepted by the Republic of India in Indian rupees. The Platform will not facilitate transactions concerning any other form of currency concerning the purchases made on the Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an order; or (iii) credit or debit card or cash at the time of delivery. You understand, accept and agree that the payment facility provided by Tdibba is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing a payment facility, Tdibba is neither acting as trustees nor acting in a fiduciary capacity concerning the transaction or the transaction price.
- As an obvious rule, any order placed from this platform is final.
- We have the rights to cancel your order if you are not available over the phone at the time of meal delivery. And in the cases where the vendor itself deliver the food, will deliver the food where you confirm the vendor to put on someplace or offices.
- If the vendor is unable to connect with you at the time of delivery, then we will not responsible for that act. No payment is refunded back to you for that order in case of prebooking or subscriptions.
- If any payment is done by you to anyone who is not authorised by tdibba, then we are not liable to pay your amount.
- If customer wants to make communication with tdibba then it should be through a proper channel either by mail or by customer care.
- Any payment-related query or anything related to the platform should be direct with tdibba customer care only. If anything discussed with the vendor or any payment is given by the customer to the vendor then tdibba is not liable for your amount.
- Tdibba comes with this idea of subscriptions from 3 days to 30 days, Customer can create its plan accordingly. with Time slot, Meal type.
- The plan is flexible, customer can skip their meal anytime, before the cancellation time, and that count is incremented by one day.
- The plan is flexible, customer can cancel their meal plan, the refunded amount will be credited to the customer wallet.
- Wallet amount is transferable, excluding offer amount (if any ), amount of wallet after confirmation will be transferable to customer linked account within 5 to7 working days.
Section 9: Use of the platform and Account Registration
- Any food items that are purchased from the platform are intended for your personal use and the same are not for resale. You are not acting as an agent for other parties.
- You may access the Platform by registering to create an account (“Tdibba Account”) and become a member (“Membership”); The Membership is limited for the purpose and are subject to the terms, and strictly not transferable.
- You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your tdibba Account, whether or not you have authorized such activities or actions. You will immediately notify us of any unauthorized use of your tdibba Account.
- Any subscriptions or prebook is non-transferable to any other person or third party. We will not entertain transferring your subscription amount to anyone.
- We will create your Tdibba Account for your use of the Platform services based upon the personal information you provide to us, you may have one tdibba account and not permitted to open multiple accounts, If found, you having multiple accounts, Tdibba reserves the right to suspend such multiple accounts without being liable for any compensation.
- You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
Section 10: Terms of Service
You agree or acknowledge that we will not be responsible for:
- The goods and services provided by the vendor, but not limited, serving of meal orders suiting your needs and requirements.
- The Vendors goods or services not being up to your expectations or leading to any damage, harm or loss to you;
- The Presence/availability or non-presence/unavailability of particular items on the menu's or,
- the vendor delivers/serving the incorrect orders.
- The details of the menu and price and discount are decided by the tdibba vendors themselves, its the availability or unavailability of any meal plan is decided by vendors, we are not responsible for any change, cancellations or unavailability.
- We will not be able to provide a meal at that location which is out of our delivery or working scope. We will update you on this at the time of placing the order.
- You understand that delivery period stated to you at the time of confirming the order is an approximate estimation, we are not responsible for any order for its delay.
- Your order will only be delivered to your defined address at the time of order confirmation, if any detail is given by you do not match then we are not responsible for that and you shall not claim to refund the amount of that order. Delivery in the event of a change of the delivery location shall be at our sole discretion.
- You shall undertake to provide information and authorisations to accept delivery and adequate directions, In the event of any failure to accept delivery, failure to deliver within the estimated time due to your failure to provide appropriate instructions, or authorizations, then such goods shall be deemed to have been delivered to you and all risk and responsibility about such goods will pass to you and you will not be entitled to any refund for the same. Our decision about this shall be final and binding.
- You should understand that our liability ends when the order has been delivered to you.
- You confirm that we will not be responsible for any discrepancy in payment of consideration payable towards the goods purchased from the Services.
- You agree and acknowledge that if you fail to adhere to any terms of service then neither of us nor our vendor shall be liable.
- You might be required to provide your credit or debit card details to the approved payment gateways while making the payment. In this regard, you agree to provide correct and accurate credit/ debit card details to the approved payment gateways for availing the Services. You shall not use the credit/ debit card which is not lawfully owned by you, i.e. in any transaction, you must use your own credit/ debit card. The information provided by you will not be utilized or shared with any third party unless required about fraud verifications or by law, regulation or court order. You will be solely responsible for the security and confidentiality of your credit/ debit card details. We expressly disclaim all liabilities that may arise as a consequence of any unauthorized use of your credit/ debit card.
- We do not offer any refunds against goods already purchased from the Platform unless an error that is directly attributable to us has occurred during the purchase of such product or services.
- We constantly strive to provide you with accurate information on the Platform. However, in the event of an error, we may, in our sole discretion, contact you with further instructions.
- If you use the Platform, you do the same at your own risk.
- You agree that the Services shall be provided by us only during the working hours of the relevant Merchants.
Section 11: Governing Law and Dispute Resolution
Section 12. Disclaimers
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
- DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE, TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
- WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
- YOU ACKNOWLEDGE THAT THIRD-PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME to FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY’S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT LIMITED TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST US concerning THIRD PARTY’S / MERCHANTS SERVICES.
- TDIBBA DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF THE FOOD SAFETY AND STANDARDS ACT, 2006 AND APPLICABLE RULES AND REGULATIONS MADE THEREUNDER AND SUCH LIABILITY SHALL BE ATTRIBUTABLE TO THE MERCHANT.
- WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, concerning PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
- THE INFORMATION PROVIDED HEREUNDER IS PROVIDED “AS IS”. WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
- WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
- IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Vendor Terms and Condition
TDIBBA VENDOR AGREEMENT
This Vendor Agreement (hereinafter referred to as the “Agreement”) is made on--------------------------------------
effective on dated: ______________________________
BETWEEN: Tdibba partnership firm, a company incorporated under provisions of Indian Companies Act, 2013 having its office at 193, Gali Number 4, Kirti Nagar, Vasant Vihar, Tonk Phatak, Jaipur, Rajasthan 302018, (hereinafter referred to as the “Franchisor” or “Company”), which expression shall unless repugnant to the context or meaning thereof, be deemed to include its successors and permitted assigns of the First Part; and
AND: -------------------------------- (the “Vendor”), which expression shall
unless repugnant to the context or meaning thereof, be deemed to include its successors and permitted assigns of the Second Part.
WHEREAS, the Tdibba operates a Food aggregation business in Jaipur and wishes to register as a professional Vendor/Home Vendor/Mess on the Tdibba Platform.
Tdibba understands the importance of keeping your information confidential and secure. The information we collect may include your personal details such as your name, phone number, email address, purchase preferences and bank account details, all of which can be used to identify you as a particular individual. Therefore, we make it our highest priority to ensure that your information is handled with the utmost care and is used responsibly. By using our services, or by submitting user data to us or our partners, you accept and consent to the collection, storage and processing of your information.
Tdibba may collect your personal information (i) when you register an account (ii) when you make in-app purchases
(iii) when you participate in contests, competitions and surveys (iv) when you contact us (v) when you submit content in the form of testimonials and customer reviews and (vi) from third-party sources such as credit checking agencies.
Tdibba may use your personal information for (i) registering your account with us (ii) for fulfilling orders (iii) for responding to your queries and (iv) for improving your Tdibba experience by providing information about our services, special offers and promotions. Tdibba will only share your information with carefully selected third-party partners for business administration, delivery, marketing, operational and analytical purposes. Tdibba may also share your information with third parties for data analysis, quality assurance and fraud prevention.
Tdibba uses state-of-the-art technology and security measures (electronic, physical and procedural) to ensure the safety and confidentiality of your information during its collection, storage and disclosure. Such measures include maintaining a secure encryption-based transmission system, intrusion detection and prevention software and virus software.
When you use the app/service through your mobile device, and only if you have consented thereto, we will use your geolocation information. We use this information on a real-time basis to allow users to view service options around them. We may also use this information to address user support, technical, or business issues that may arise during the course of your app usage.
- “The Agreement” refers to this contract along with all schedules and annexures (if any);
- References to a “Participating Vendor” shall include such party’s successors, employees, permitted assignees and any person(s) deriving the title under it;
- The descriptive headings of clauses are inserted solely for the convenience of reference and are not intended as complete or accurate descriptions of the content of such clauses, and can be further defined in separate annexures.
This Agreement along with the registration form sets forth the terms of services under which the Participating Vendor may be identified as a vendor to the users. The Agreement shall come into effect for the Participating Vendor or any authorized agent of the Participating Vendor upon realization of
Consideration (Effective Date). By agreeing to the terms of services, the Participating Vendor shall be deemed to have consented to the Agreement.
Tdibba currently disseminates information to the users through various platforms such as emails, SMS, push notifications, telephone & the Internet. Tdibba may, at its discretion, cease to provide information over any of the above platforms/provide information over other platforms/modify how information is provided over any of the existing platforms, as it may deem fit, from time to time.
Plan listings refer to the various meal plan listings that the Participating Vendor can opt for.
The Participating Vendor agrees that they shall choose from the categories mentioned above. Tdibba reserves the right to change the aforesaid category listing options by adding, deleting, modifying or merging any categories. If the category opted for by the Participating Vendor is no longer available, Tdibba shall endeavour to allot a similar category to them. The final decision-making power concerning category listings shall, however, vest in Tdibba and such a decision shall be final and binding for the Participating Vendor.
PARTICIPATING VENDOR OBLIGATIONS
- The Participating Vendor ensures smooth communication with users.
- The Participating Vendor maintains the quality of goods/products/ingredients/service.
- The Participating Vendor shall oversee aspects such as menu planning, order costs, hygiene and sanitation.
- The Participating Vendor ensures that no additives such as artificial colourants and preservatives are used in the meal.
- The Participating Vendor must take a great effort to prevent any contamination whatsoever and ensure that all goods and services sold by them through Tdibba are of supreme quality.
- The Participating Vendor ensures safety and sanitation; by making sure that the kitchen, kitchen equipment, packaging material, storage etc. are all up to health code standards.
- The Participating Vendor must serve the food as per the schedule.
- The Participating Vendor must develop and standardize recipes to bring about consistency.
- The Participating Vendor ensures to recognize and meet all deadlines and expectations of the users.
- The Participating Vendor ensures to share details of ingredients
- Tdibba reserves the right to charge and recover from the user, on behalf of the Participating Vendor, a fee for availing the Tdibba services.
- All payment transactions carried out between Tdibba, its users and Participating Vendor will be through electronic bank transfers, cheques and e-wallets.
- Payments will be made to the Participating Vendor on a weekly cycle. Tdibba shall strive to settle the payment on every 7th day. Tdibba will not be liable in any manner for delays arising from technical or third-party dependencies.
ISSUANCE OF PAYMENT RECEIPTS & INVOICE
Tdibba will issue a payment receipt to the Participating Vendor containing the following details: i) Total amount payable for all the dates with bookings for each week.
ii) List of users, order dates, order numbers, order quantity for the goods and services provided by the Participating Vendor.
The Participating Vendor shall indemnify and hold harmless Tdibba, its affiliates, directors, officers, agents and employees from loss and/or damage arising from any claim asserted by any third-party, including any user, due to any action or inaction of the Participating Vendor, its employees or agents. This includes but is not limited to claims about property, incorrect or false information about the Participating Vendor that was provided to Tdibba and any claims including but not limited to the quality or usefulness of the products or services provided by the Participating Vendor.
CONFIDENTIALITY & RELATED OBLIGATIONS
The Participating Vendor shall keep all information about the users confidential both, during the subsistence of this contract and after its termination. The Participating Vendor shall not, without the prior written consent of Tdibba, transfer (whether for considerations or otherwise) user information to any third-party for no reason whatsoever. The Participating Vendor is specifically prohibited from using the user information for purposes such as seeking commercial gain. In the event Tdibba is made aware of any such practices that violate the terms of the contract by the Participating Vendor, the company shall be entitled to terminate the contract as well as initiate legal proceedings against the Participating Vendor, as it may deem fit, at its sole discretion and without prejudice to rights available to it under applicable law. Tdibba reserves the right to retain, reuse or remove information or knowledge including but not limited to vendor ratings, session ratings, user experience, feedback/comments obtained by users or its Participating Vendor on the Tdibba platform unless mentioned otherwise in writing.
DISCLAIMER AND LIMITATION OF LIABILITY
Tdibba is not liable for any claim owing to any misinterpretation of the information about the Participating Vendor as long as the information exhibited/communicated by Tdibba conforms to the information made available by the Participating Vendor or their authorized representative.
- Tdibba’s interpretation of the Contract shall be final and binding on the Participating Vendor.
- The Participating Vendor agrees that no joint venture, employment, or agency exists between Participating Vendor and Tdibba and the Participating Vendor is not entitled to bind Tdibba by its actions.
- The Participating Vendor may not assign any rights or obligations against Tdibba without Tdibba’s prior
consent in written format.
- Tdibba shall not be responsible for any delay or deficiency due to any force majeure events such as natural disasters, acts of terrorism, civil labour strike, labour and other strikes.
- Nothing in the Contract obliges or will be deemed to oblige Tdibba to provide any credit to the Participating Vendor.
This Agreement herein may be terminated at any time upon the mutual consent of the Participating Vendor and Tdibba. After the deletion of the Participating Vendor account, we will anonymize your data, unless the data is necessary to comply with a legal obligation or resolve disputes. Either party will have the right to terminate the contract by giving a notice of at least 30 days in writing to the other party.
These Terms, including any annexures, along with the form hereto forms a single Contract between the parties hereto and constitute the entire understanding between the parties concerning the subject matter hereof and supersede any other Contract between the parties relating to the subject matter hereof.
AMENDMENTS & WAIVERS
No waiver by any party or any terms or condition of the Contract, in any one or more instances, shall be deemed to be or construed as a waiver of the same or any other term or condition of the Contract on any future occasion.
To provide the best food experience to our discerning customers and ensure a fulfilling experience for you, we have listed below the terms of your engagement with us. This agreement becomes valid on the day of signing it and will remain valid till it is explicitly cancelled in writing by either party.
I. DURATION OF ENGAGEMENT
This Agreement herein may be terminated at any time upon the mutual consent of the Participating Vendor and Tdibba. A vendor who shall back out without prior notice and mutual understanding between both the parties stand the risk of paying a penalty equivalent to Rs. 1000/-, the cost associated with their onboarding.
a. Availability & Schedule
- It is the responsibility of the vendor to inform us of their weekly schedule, Tdibba reserves the right to schedule you for any day and mealtime communicated by you. If any item is going to end for that day, then it’s the responsibility of the vendor to make them unavailable through vendor application. Final Numbers & Meal Pick-up
- Order numbers for the following day’s lunch order are confirmed by 07:00 am and dinner orders by 4:00 pm.
- The pre-order basis functioning of a hub will only defer to the vendor’s convenience.
- The customer has the choice to cancel its same day booking. But the customer only cancelled its meal plan before your given cancellation time. At the time of your registration, Tdibba already took this detail from you.
- The Vendor can take holiday on any day of the month, there is no foundation. But Vendor has to share this through our vendor mobile application so we can pass vendor leave request to those customers who have selected a subscription plan from you.
- Tdibba is about food that is fresh, delicious and imparts a ‘home-made’ feel. The vendor is encouraged to source
required ingredients as per the recipe that is tasted and enlisted by the Tdibba team only from reliable sources.
- Please ensure that only the freshest, top-quality ingredients are used to prepare your signature dishes. Avoid the use of frozen and processed ingredients, food colouring, MSG and other preservatives, taste enhancers or additives in your dishes. Ensure that the cuts of meat, fish and poultry used to come from reliable sources and are of superior quality.
- We prohibit the use of wing and neckpieces for poultry dishes and suggest using clean cuts of meats that when cooked are easy to eat.
- Food Quality & Quantity
- Quality – Please make sure that your signature dishes are consistent and of superior quality. As a premium food network, customer satisfaction is paramount at Tdibba. During instances wherein the Tdibba quality assurance team determines any customer complaint as genuine, the Vendor will have to replace the food at their own cost. Tdibba reserves the right to replace the food within five days, either sourced from you or other Vendor, as the situation might demand, and deduct the cost from the amount due to the Vendor. If the food item cannot be replaced, Tdibba reserves the right to deduct the cost from the amount due to you.
- Tasting Sample – All Vendor are agreeing to provide one portion of food (Breakfast/Lunch/Dinner) every two months for the Tdibba quality control team to taste and sample. We reserve the right to send dishes to a lab for additional quality testing if required
- Liability – You, as the creator of the meal, will take all responsibilities for any eventualities, and or other legal issues that might arise. Tdibba will not be accountable for any legal issues connected to the quality or quantity of meal served through our network.
- Quantity – Please ensure that each order meets the Tdibba guidelines listed in the Vendor’s Handbook provided. A full meal should weigh in at approximately 300 grams. Quantity-related customer complaints can result in a deduction of the cost from the amount due to you.
- Packing – The packaging material provided to you is for Tdibba use only. The vendor found misusing packaging for personal use will be charged for the same. We urge you to store all packaging materials in a clean and hygienic environment. every non-liquid food item should be packed in foil papers only, salad, pickle, Mouth freshener is a must in every Box of Lunch& Dinner
- Some recipes are protected with copyrights. Ensure that you do not breach any such copyrights. Any issues raised, legally or otherwise, would not come in the purview of Tdibba.
- Tdibba reserves the right to capture vendor recipes for scaling, sourcing and replication. We reserve the rights to any recipes developed.
1.All the pictures & Video of food that is published on the Tdibba site shall be the property of Tdibba. 2.Tdibba can provide all Vendor watermarked copies of their pictures to be shared via social media email and other channels
- Daily/Weekly Feedback
- The Vendor is entitled to weekly feedback about their items. The same will be shared when requested or once a week – whichever comes first.
- Feedback processes ensure a greater level of consistency and quality, and a higher level of customer satisfaction.
b. Product Rating
1. Vendor being featured on Tdibba are expected to ensure that only the highest quality product is served each day. Dishes with a product rating of fewer than three stars will be discontinued by the Tdibba network.
c. Sell Percentage
- Tdibba requests that Vendor take an active interest in the sales of their dishes. Dishes with a sold percentage of less than 60% will be discontinued by the Tdibba network.
- The Vendor with an ave