Terms and Conditions

Section 1: Introduction

We are Chaafo, a brand of https://chaafo.com, unless otherwise stated.

Section 2: Definitions

1. "Agreement" is a reference to these Terms and Conditions, the Privacy Policy, any order form and payment instructions provided to you.
2. "Privacy Policy" means the policy displayed on our Website which details how we collect and store your personal data.
3. "you", "your" and "yours" are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by Chaafo.
4. "we", "us", "our", and "Chaafo" are references to the Company.
5. "Goods" is a reference to any goods which we may offer for sale from our Website from time to time.
6. "Service" or "Services" is a reference to any service which we may supply and which you may request via our Website.
7. "Participating Restaurant" is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
8. "Food Delivery" is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Restaurants and for both of which our Participating Restaurants take full responsibility.
9. "Website" is a reference to our Website https://Chaafo.com or our mobile applications on which we offer our Goods or Services.

Section 3: Ordering

1. Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Goods or Services from this Website any contact is between you and Chaafo. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering.
2. Food Delivery, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods 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.
3. Some of our Goods may be suitable for certain age ranges only. You should check that the product you are ordering is suitable for the intended recipient.
4. When ordering from this Website you may be required to provide an e-mail address and password. You must keep these details secure and not provide this information to a third party.
5. We will take all reasonable care to keep the details of your order and payment secure, but in the absence of negligence on our part we cannot be held liable for loss caused by unauthorized third-party access.
6. Any order that you place with us is subject to product availability, delivery capacity and acceptance by us and the Participating Restaurant. Automatic confirmation does not necessarily mean that we or the Participating Restaurant will be able to fill your order.
7. If the ordered Food Delivery and delivery capacity is available, the Participating Restaurant will accept the contract and confirm it to Chaafo. The contract will be confirmed by text message.
8. If Goods offered by Chaafo were ordered, Chaafo will confirm availability together with or separately from Food Delivery.
9. The confirmation message will specify delivery details including the approximate delivery time and confirm the price of the Food Delivery, Goods and Services ordered.
10. If the Food Delivery and/or Goods are not available or if there is no delivery capacity, we will let you know by text message or phone call.

Section 4: Prices and Payment

1. Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Goods or Services from this Website any contact is between you and Chaafo.
2. All prices listed on the Website are correct at the time of publication and have been input as received by the restaurant. The final price charged by the restaurant can change at the time of delivery based on the latest menu and prices.
3. All prices listed on the Website for Food Delivery by the Participating Restaurant reflect the price the Participating Restaurant charges at the time of listing.
4. All prices for delivery by Chaafo or a third party provider assigned by Chaafo are correct at the time of publication, however, we reserve the right to alter these in the future.
5. The total price for Food Delivery, Goods or Services ordered, including delivery charges and other charges, will be displayed when you place your order. Full payment must be made for all Goods dispatched and Services provided.
6. If you choose online payment, you must pay for your order before it is delivered. Debit/credit card details will be encrypted during online transmission.
7. The prices reflected on the website, mobile application, or email are determined solely by the Participating Restaurant and informed to Chaafo at the time of listing or afterwards.
8. All applicable taxes and levies are charged and determined by the Participating Restaurant, and Chaafo is merely collecting the same on behalf of such Participating Restaurant.
9. The entire amount of applicable taxes collected by Chaafo is directly remitted to Participating Restaurants and Chaafo does not retain any amounts thereof.
10. Chaafo is not responsible for validating the legal sanctity of applicable taxes or the manner of their applicability on behalf of the Participating Restaurant.
11. The transaction of sale of food or food items is between the Participating Restaurant and the customer, and Chaafo is not liable to charge or deposit any taxes applicable on such transaction.
12. The final tax invoice will be issued by the Participating Restaurant and delivered to the customer along with the order.

Section 5: Delivery

1. Delivery periods quoted at the time of ordering are approximate only and may vary. Goods will be delivered to the address designated by you at the time of ordering.
2. If delivery is done by the Participating Restaurant, it is the Participating Restaurant's sole responsibility to provide Food Delivery in a timely manner.
3. In the case delivery is done by Chaafo, we will give great care to deliver in a timely manner. No responsibility is taken for late delivery by Chaafo.
4. We and the Participating Restaurant will make every effort to deliver within the time stated, however, we will not be liable for any loss caused to you by late delivery.
5. In case of a late delivery, the delivery charge will neither be voided nor refunded by Chaafo.
6. All risk in the Goods and the Food Delivery shall pass to you upon delivery.
7. If you fail to accept delivery or we are unable to deliver due to your failure to provide appropriate instructions or authorizations, such goods shall be deemed delivered to you and all risk and responsibility shall pass to you.
8. You must ensure that adequate arrangements, including access where necessary, are in place for the safe delivery of Food Delivery and/or Goods.
9. Participating restaurants aim to deliver the product to the place requested in your order, deliver within the confirmed time, and inform you if they expect that they are unable to meet the estimated delivery time.
10. Participating Restaurants and we shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
11. It may not be possible for Participating Restaurants to deliver to some locations. If this is the case, we will arrange cancellation of the order or delivery to an alternative delivery address.

Section 6: Cancellation

1. You must notify the participating restaurant immediately if you decide to cancel your order, preferably by phone, and quote your order number.
2. If the restaurant refuses cancellation because preparation has been completed or delivery personnel has already been dispatched, it may not be cancelled. We will not be able to refund any order which has already been dispatched.
3. We may cancel a contract if the product is not available for any reason. We will notify you and return any payment that you have made.
4. If cancellation was made in time and accepted by the restaurant, we will refund or re-credit your debit or credit card with the full amount within 14 days.
5. If the Participating Restaurant delivers a wrong item, you have the right to reject delivery of the wrong item and shall be refunded for the missing item. Wrong or partial delivery issues must be settled directly with the Participating Restaurant.

Section 7: Information

1. Where we have requested information from you to provide Food Delivery, Goods or Services you agree to provide accurate and complete information.
2. You authorize us to use, store or otherwise process your personal information in order to provide the Food Delivery, Goods or Services to you and for marketing and credit control purposes. More information can be found in our Privacy Policy.
3. You are entitled to request a copy of the personal information we hold on you. Please contact us if you wish to request this information.

Section 8: Linked Sites

There may be links on our Website to third party Websites which we believe may be of interest to you. We do not represent the quality of Goods or Services provided by third parties, nor do we control the content or availability of such sites.

Section 9: Complaints

We take complaints very seriously and aim to respond within 5 business days. All complaints should be addressed to [email protected].

Section 10: Limitation of Liability

1. Great care has been taken to ensure that the information available on this Website is correct and error free. We cannot warrant that use of the Website will be error free, fit for purpose, timely, or free of viruses or bugs.
2. By accepting these terms of use you agree to relieve us from any liability arising from your use of information from any third party, your use of any third party website, or your consumption of food or beverages from a Participating Restaurant.
3. We disclaim liability for the supply of Food Delivery, Goods and Services to the fullest extent permissible under applicable law. If we are found liable, such liability is limited to the amount you paid for the relevant Goods or Services.
4. We do not accept liability for delays, failures, errors, omissions, loss of transmitted information, viruses or other contamination transmitted via our Website.
5. We shall not be held liable for failure or delay caused by events outside our reasonable control, including war, riot, civil commotion, compliance with law or governmental order, or acts of third parties.
6. If we are prevented from fully meeting obligations by an Event of Force Majeure, we may decide at our discretion which orders we will fill and to what extent.
7. Products sold by us are provided for private domestic and consumer use only. We do not accept liability for indirect loss, consequential loss, loss of data, income, profit, property damage, or third-party claims.
8. We have taken reasonable steps to prevent Internet fraud and store data securely, but cannot be held liable in the unlikely event of a breach in secure computer servers or those of third parties.
9. If Chaafo reasonably believes there is abuse of vouchers or discount codes, or suspected fraud, Chaafo may block the customer immediately, refuse future service, and seek compensation from violators.
10. Offers are subject to Chaafo's discretion and may be withdrawn at any time without notice.

Section 11: General

1. All prices are in Indian Rupees. GST is included where indicated.
2. We may subcontract any part of the Services or Goods and may assign or novate any part of our rights under these Terms and Conditions without your consent.
3. We may alter or vary the Terms and Conditions at any time without notice to you.
4. Payment must be made either at the time of ordering by credit card or at the time of delivery by cash. Failure to pay on time will result in cancellation of your order.
5. Do not use or launch any automated system or program in connection with our website or its online ordering functionality.
6. Do not collect personally identifiable information from the website, use website communication systems for commercial solicitation, publish or distribute vouchers or codes in connection with the website, scrape the website, or hack the website.
7. These Terms and Conditions together with the Privacy Policy, any order form and payment instructions constitute the entire agreement between you and us.
8. If any term or condition is deemed invalid, illegal or unenforceable, such term shall be deemed deleted and the remainder of the Agreement shall continue in force.
9. These Terms and Conditions and our Agreement shall be governed by and construed in accordance with the laws of India. The parties submit to the jurisdiction of the courts of India.
10. No delay or failure on our part to enforce our rights or remedies shall constitute a waiver unless such waiver is confirmed in writing.
11. All dealings, correspondence and contacts between us shall be made or conducted in the English language.
12. Voucher calculation is subject to Chaafo's discretion and may be altered at any time without notice.
13. Any Service Fee or Delivery Fee charged by Chaafo is subject to prevailing Service Tax.
14. Chaafo Manager app collects location data to improve location accuracy when finding nearby bluetooth printers. Chaafo Driver app collects location data to enable tracking trips or calculating distance travelled even when the app is closed or not in use.