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Terms and conditions

Welcome to “flavorsofmycity.com”. If you continue to browse and use this website you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our privacy policy govern flavors of my city's relationship with you in relation to this website. By accessing or using the website you are deemed to be agreeing to these terms by executing and entering into a legally binding contract with Qeros Retail Services Private Limited.

The term 'flavors of my city' or 'us' or 'we' refers to the owner of the website, Qeros Retail Services Private Limited, whose registered office is Office No. 401A, Part I, Nano Space IT Park, Baner Pashan Link Road, Baner, Pune - 411045, Maharashtra, INDIA. The CIN of the company is U52399PN2015PTC155217. The term 'you' refers to the user or viewer of our website who has read, understood and accepted the following terms and conditions. Our services are very diverse; so sometimes additional terms/requirements (such as age requirements) may apply. Additional terms will be available with the relevant services, and those additional terms become part of your agreement with us if you use those services.

 

THE USE OF THIS WEBSITE IS SUBJECT TO THE FOLLOWING TERMS OF USE:

USING THE SITE

To access or use the site, you must be 18 years or older and must be otherwise competent to agree to these terms. You are not allowed to access or use our website if you are a competitor of ours and/or if we have previously banned you from the website and/or we have closed your account and/or if you are using/planning to use our website, directly or indirectly, for any illegal activity.

We grant you permission to use the website subject to the restrictions in these terms. Your use of the site is at your own risk, including the risk that you might be exposed to content that may be offensive, inaccurate, objectionable, or otherwise inappropriate.

The website may be modified, updated, interrupted, suspended or discontinued at any time without giving prior notice and without us incurring any liability.

If you have a registered account, you will safeguard your account information and will supervise and be completely responsible for all uses of your account including use by anyone other than you. For doing the same, we will assist you in every manner possible and feasible for us.

You agree to use the data owned by Qeros Retail Services Private Limited (as available on the website or through any other means like API etc.) only for personal purposes and not for any commercial use unless permitted by us, in writing.

You agree to the use of your data in accordance with Qeros Retail Services Private Limited’s Privacy Policy.

CONTENT

Our website allows you to upload, submit, store, send or receive content. You alone are responsible for the content on our website uploaded, stored, sent to, published, advertised, submitted etc. by you (“Your Content”), and once published, your content cannot always be withdrawn. You assume all risks associated with your content, including anyone's reliance on its quality, accuracy, details, reliability and/or any disclosure by you of information in your content that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of your content as described herein. You shall not imply that your content is in any way sponsored or endorsed by Qeros Retail Services Private Limited.

When you upload, submit, store, send to or receive content through your use of our services, you give Qeros Retail Services Private Limited (and those we work with), a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our website), communicate, publish, publicly display, filter, flag, distribute and/or remove such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our services, and developing new ones. This license may continue even if you stop using our services (for example, for a business listing you have added to Qeros Retail Services Private Limited). Some services of Qeros Retail Services Private Limited may offer you ways to access and remove content that has been provided for that service. Also, in some of our services, there are terms or settings that narrow the scope of our use of the content submitted in those services. You irrevocably waive and cause to be waived, any claims and assertions of moral rights or attribution with respect to your content against Qeros Retail Services Private Limited and its users/customers.

You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, defamatory; violates any third-party right including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech, pornography etc.; exploits or otherwise harms minors/any other person; or violates or advocates the violation of any central, state and/or international laws, rules and/or regulations.

PROHIBITED USES OF THE WEBSITE

The content and information on the website (including, but not limited to, price and availability of facilities), as well as the infrastructure used to provide such content and information, is the property of Qeros Retail Services Private Limited, intended for use by us, our partners, delivery agencies, vendors and business associates. While you may make limited copies of your bookings, itinerary (and related documents) for services booked through the website, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any information, software, products, or services obtained from or through the website. Additionally, you agree to the following:

  1. You shall not violate these Terms as well as the Qeros Retail Services Private Limited privacy policy;
  2. You agree to keep your submission of details relevant to Qeros Retail Services Private Limited. Accounts making any speculative, false, or fraudulent reservation/booking requests and placing irrelevant, inappropriate, or promotional content that solicit customers, or spam, may be deleted without notice OR if posted on social media then legal action shall be initiated;
  3. Qeros Retail Services Private Limited reserves the right to determine if the website is being misused for any reason, without prior notification. Users agree to comply with these policies at all times. For example, users will not interfere with our services or try to access them using a method other than the interface and the instructions that we provide. Users will not use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Site. You may use our Site only as permitted by law. We may suspend or stop providing our services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
  4. You shall not reformat, modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the website or website content (other than your content), except as expressly authorized by Qeros Retail Services Private Limited.
  5. If you are writing a review on social media or rating our partners/vendors/business associates, do so based on facts and your own experiences (not a friend's or anyone else’s). Please don't exaggerate or falsify your experience. We do not take sides in cases of dispute, so please substantiate your claim with actual proofs where possible. If content posted indicates that reviewer intend to defame us or our partners or falsify their claim, it will be actionable. For example, reviews/comments which mention, "I’ve never ordered from here and never want to go down that lane because of the horrible food/horrible service!" are obviously deceptive, fake, misleading and not based on the reviewers experience and will be removed. Accepting or soliciting a consideration – monetary or otherwise – in exchange for reviews or photographs is also not acceptable, and could result in removal of your account with us and comprehensive legal action, civil as well as criminal, against you.
  6. Foul/abusive/hateful language, threats, and lewdness in your content will not be tolerated. We hate junk and will delete it whenever we see it and wherever possible. This also includes, but is not limited to, derogatory comments on based on personal traits (e.g. race, gender, religion, color etc.) or indication of a personal vendetta against a business associate/ partner/vendor and its associates. Please refrain from using inappropriate names, biography, data and/or images in your account/profile. We want to stay clean, and we might end up removing your account depending on how inappropriate your profile is. Moreover you agree to indemnify and keep indemnified Qeros Retail Services Private Limited, its Directors, staff, agents, clients, etc. against any loss which may be caused to or suffered by Qeros Retail Services Private Limited because of any action initiated against you or because of your posts.
  7. Reverse engineering the website or any portion of the website is strictly prohibited.
  8. We take the privacy of our associates, partners and customers very seriously. You are not permitted to record, process, or mine information about other users/ account holders of Qeros Retail Services Private Limited through any platform or process.
  9. Accessing, retrieving or indexing any portion of the website for purposes of constructing or populating a searchable database of business reviews, for soliciting our Site users/ partners/ vendors/ business associates, for mirroring such information into other websites and/or for any other purpose is prohibited.
  10. Do not take any action that imposes, or may impose, an unreasonable or disproportionately large load on Qeros Retail Services Private Limited technology, infrastructure or otherwise make excessive traffic demands of the Site.
  11. You are strictly prohibited from gaining or attempting to gain unauthorized access to the Site, user accounts, accounts of customers/ partners/ vendors/ business associates, computer systems or networks connected to the website through hacking, password mining and/or any other means. You are also not allowed to use the website or any website content to transmit any computer viruses, worms, defects, Trojan horses or other items that may destroy/harm/erase/hack/affect in any other manner the website and/or any of its contents. Do not use the website to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Site or Site content.
  12. Please do not use any device, software or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the website. Any action that endangers the proper functioning of our website and causes any inconvenience to our customers will be actionable.
  13. Do not post any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other property right of any third-party.
  14. Qeros Retail Services Private Limited owns a website and a mobile application with no claims to be a court of law or a ministry of health. If you have any disputes with our vendors/business associates or if you feel they do not measure up to health codes/service standards, we encourage you to contact the appropriate authorities directly. Qeros Retail Services Private Limited is not the appropriate platform for reporting illegal activities, physical confrontations and health code violations. We encourage you to report such accusations/complaints to the concerned authorities rather than being mentioned in reviews. Still going out of the way for our customers we offer customer care as a platform where concerns can be raised by and grievances can be aired with an aim towards resolution. In all these actions, Qeros Retail Services Private Limited will serve as a mere facilitator.

15. You shall be solely liable for any damages resulting from any violation of the forgoing restrictions, or any other harm resulting from your posting of content to the website/any media.

16. Qeros Retail Services Private Limited or affiliates does not employ  any person or group of persons to review our website or products. If any person identifies himself/herself as an official blogger, employee, or associate of Qeros Retail Services Private Limited, it is an attempt at misrepresentation. Staff members of Qeros Retail Services Private Limited are contractually and ethically forbidden from using their status to do such acts. If you observe any such practice, report it to customerservice@fomc.com and appropriate action will be taken against such person if evidence can be provided.

17. The content of the pages of this website is for your general information and use only. It is subject to change from time to time without notice. It shall be your responsibility to check the terms and conditions for updates before placing any order/s or using the website.

18. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

19. This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.

20. All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.

21. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

22. From time to time this website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

23. You may not create a link to this website from another website or document without Flavors of My City's prior written consent.

24. 24. Your use of this website and any dispute arising out of such use of the website is subject to the Dispute Resolution Policy.

25. "We as a facilitator, hereby disclaim any liability and declare that we shall be under no liability whatsoever in respect of any loss or damage arising directly or indirectly out of the decline of authorization for any Transaction, on account of the cardholder having exceeded the preset limit mutually agreed by us with our acquiring bank from time to time"

CONDITIONS RELATING TO THE SALE OF PRODUCTS TO YOU

This section deals with conditions relating to the sale of products displayed on the website to you. 
Contract

Your order is an offer to us to buy the product(s) in your order. When you place an order to purchase a product listed on the website, you will receive an e-mail confirming receipt of your order and containing the details of your order (the "Order Confirmation E-mail"). The Order Confirmation E-mail is acknowledgement that we have received your order, and does not confirm acceptance of your offer to buy the product(s) ordered. We only accept your offer, and conclude the contract of sale for a product ordered by you, when the product is dispatched to you and an e-mail confirmation is sent to you that the product has been dispatched to you (the "Dispatch Confirmation E-mail"). If your order is dispatched in more than one package, you may receive a separate Dispatch Confirmation E-mail for each package, and each Dispatch Confirmation E-mail and corresponding dispatch will conclude a separate contract of sale between you and the vendor for the product(s) specified in that Dispatch Confirmation E-mail. Please note that even though you transfer money online at the time of placing the order through website, the same does not conclude a contract per se. Moreover, our role here is that of a facilitator. We are service providers. We are not the vendors or manufacturer/s of the product/s in so far as You/beneficiary/recipient of the product are concerned.

Transactional SMS will be sent to registered mobile number for order confirmation and order status of order placed on the website.

Your contract is with Qeros Retail Services Private Limited and you confirm that the product(s) ordered by you are purchased for your internal / personal purpose and not for re-sale. You authorize us to declare and provide declaration to any governmental authority on your behalf stating the aforesaid purpose of the products ordered by you on the website.

You can cancel your order for a product at no cost any time before we send the ‘Order Placed’ e-mail relating to that product. ‘Order placed’ status would mean that your order has been placed with the vendor, hence cannot be cancelled.

Please note that we sell products only in quantities which correspond to the typical needs of an average household. This applies both to the number of products ordered within a single order and the placing of several orders for the same product where the individual orders comprise a quantity typical for a normal household.

Pricing and availability

We list availability information for products sold through the platform that is the website, including on each product information page. Beyond what we say on that page or otherwise on the website, we cannot be more specific about availability. Please note that dispatch emails and values mentioned therein are estimates and not absolute values. They are not guaranteed dispatch times and should not be relied upon as such. As we process your order, you will be informed by e-mail if any products you order turn out to be unavailable. If a cancellation request is received within 30 hours a full refund for the value of the products cancelled will be processed with 7-10 working days from acceptance of your claim. If no communication is received, it shall be presumed that the product can be dispatched as soon as it becomes available. We will accordingly send you a dispatch mail. If the courier is refused at the time of delivery or a cancellation request is received after 30 hours from our original e-mail notification you will be entitled to receive only 50% refund of the total amount paid by you.

Please be informed that Qeros Services Private Limited is NOT responsible for any product going out of stock at any point of time whether so updated on the  website or not.

Nature and Quality of Products

Products listed on the website are selected based on customer recommendations, suggestions from our partners/affiliates or our own research. Flavors of My City or Qeros Retail Services Private Limited does not claim any expertise on the tastes, preferences, color, texture or other characteristics of the product. We select products from reputed manufacturers who have a long history of quality and customer satisfaction. We ensure they are quality certified and have a valid registration with the requisite authorities.

 

Any complaints or grievances regarding quality of a product whose delivery has been executed and accepted as per the website sale and order policy must be raised within 48 hours receipt of the product delivery, through e-mail, mail or fax to Customer Service. Qeros Retail Services Private Limited will have full discretion to determine the validity of such a complaint and the nature of its resolution (refund, replacement, etc.). Qeros Retail Services Private Limited will be free to use the content of the complaint to conduct enquiries with its affiliates and partners. If it is determined that the claim is false or does not indicate a deficiency in the product or service, Qeros Retail Services Private Limited reserves the right to reject the claim.

Taxes

You shall be responsible for payment of all fees/costs/charges associated with the purchase of products from us and you agree to bear any and all applicable taxes/ GST, etc. levied thereon.

Alteration or Amendments to the Conditions

We reserve the right to make changes to our policies, and these Conditions at any time. You will be subject to the policies and Conditions in force at the time you place an order through our website, unless any change to those policies or these conditions is required to be made by law or government authority (in which case it will apply mutatis mutandis to the orders previously placed by you). If any of these conditions is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Change in Delivery Address

Requests to change address received by e-mail and/or telephone will only be allowed until such time as the product/products are not dispatched. If the shipment of your order has commenced, the delivery location/address cannot be changed or cancelled. Please verify the address on the order confirmation e-mail that is sent to your registered e-mail address confirming receipt of your order with us and contact us immediately if there is a discrepancy in the delivery address details.

 

Refund Policy:

Scenario One:

The Product is delivered at the address given by you but you are not available at the location to accept the delivery.

In such an instance the courier agency attempts the delivery at three different times. Also after each attempt a communication is made to you from us either by SMS or e-mail. After the third unsuccessful attempt the product is returned undelivered to us.

In this scenario, if it is a quickly perishable product then we are forced to destroy it. In which case you shall not have the option of requesting a re-delivery. You shall not be entitled to any refund on any ground whatsoever.

 

In case of not-so-quickly perishable products, you may request for a re-delivery. In this scenario, a redelivery will be attempted only after you transfer an amount equal to addition of 15% of the product cost plus actual cost of delivery. This amount hereafter for the sake of brevity referred to as ‘re-delivery’ amount shall be communicated to you by us after receipt of your request of redelivery. We will dispatch the product only upon receipt of such amount from you.

In case a refund is requested, the shipping charges for return of the product to shipper will be deducted from the total refund value.

The illustrative list of quickly perishable products and not-so-quickly perishable products is made available in Annexure hereto. However, it is hereby expressly clarified that in a given scenario or a particular case whether a particular product falls under quickly perishable or under not-so-quickly perishable category shall be the decision of the Qeros Retail Services Private Limited solely and shall be binding on You.

 

Scenario Two:

In case of delay in delivery of the product by delivery agency/courier Company

It shall not be the responsibility of Qeros Retail Services Private Limited and you shall directly take up the matter with the designated agency. You hereby agree to indemnify us and keep us indemnified against any loss caused to us or otherwise suffered by us owing to any such legal/social action initiated by you. We hereby clearly disclaim all liability and responsibility for any delays caused by our logistics partners. Further, you shall be held liable if the address given by you is incomplete or fake and shall be required to pay liquidated damages to Qeros Retail Services Private Limited equal to INR 5000 per transaction.

 

Kindly take note that the dispatch dates and times mentioned on the relevant e-mail/website of the courier company/delivery agency are approximate values and scheduled or planned timings and hence are not to be misinterpreted as committed or promised performances.

 

Scenario Three:

In case of breakage of products which are extremely brittle/crispy like cookies, chips etc.

We ensure extra care from our end that the packaging is special, but still there is a high likelihood that there may be damage caused to some of the items or part of the product. We hereby absolutely disclaim any liability for any such damage caused which is not more than 10% of the entire content/s of the product. In case of damage above 10%, you shall send a photograph of the damaged product/s within 1 hour of having received the delivery of the product to customerservice@fomc.com. In such situations are extremely subjective, Qeros Retail Services Private Limited may, in its sole discretion, refund to you not more than 50% of the total money paid by you for that particular transaction.  In any case, You by agreeing to these terms and conditions, waive off your remedy in law, if any, to claim the same as of right.

 

Scenario Four:

If the goods are completely destroyed or are infested by insects or ants or fungi. We take every care to ensure products are fresh and have a healthy shelf life at the time of dispatch. However in case a product has gone bad at the time of delivery, it shall be your responsibility to send us the photographs within 1 hour of your having accepted the delivery. In such a case Qeros Retail Services Private Limited may either refund the entire money paid by You for the product OR have another product of same description delivered to You. You shall duly receive a dispatch mail intimating you of such a decision.

 

Scenario Five:

The Products which are listed on website may contain ingredients which may cause food allergy to you which include but are not limited to nuts, seafood, milk and dairy products, eggs etc.

If you suffer from any food allergies, please enquire with customercare@fomc.com about the product/s that you wish to purchase. If you place the order without doing so and you or beneficiary or recipient of the product face any discomfort or deterioration in health, Qeros Retail Services Private Limited expressly disclaims any liability for the same. We have provided a customer care support mechanism as a part of our service delivery to prevent any such unfortunate instances. Moreover, if You or any person who is intended to consume the product so ordered suffers from any food allergy of any kind then You for yourself and for such person hereby agree to waive of any claims that you or he/she/they may have against Qeros Retail Services Private Limited and agree to indemnify and keep indemnified, well and sufficiently saved and harmless against any loss that Qeros Retail Services Private Limited may suffer as a result of you having consumed such food item/product.

 

Force Majeure

     i.        “Force Majeure” means and includes any circumstance beyond the reasonable control of the party hereto, including without limitation, the following: any act of nature or the public enemy, accident, explosion, fire, storm, earthquake, flood, drought, perils of the sea, the elements, insect/snake bite, casualty, strikes, lock-outs, labour troubles, riots, sabotage, embargo, war (whether or not declared), governmental laws, regulations, orders, or decrees, unavailability of raw material, or seizure.

   ii.      In case the performance of any terms or provisions hereof shall be delayed or prevented because of an event of Force Majeure, We may, suspend performance during the period such cause continues, and no liability shall attach against either party on account thereof. We shall diligently attempt to remove such cause or causes with reasonable dispatch. As soon as any event of Force Majeure is remedied, the parties' respective rights, obligations and performance as set forth in this Agreement shall be immediately reinstated.

 

DISPUTE RESOLUTION:

All disputes arising out of or in relation to this Agreement or any part thereof shall be referred to a sole arbitrator to be appointed by the parties with mutual consent. If there is a difference and lack of consensus on the nomination of a sole arbitrator, then each Party would nominate their respective arbitrators, and such nominated arbitrators shall nominate a third arbitrator by mutual consent to form a three-member arbitral tribunal.

 

The arbitration shall be conducted in accordance with the Arbitration and Conciliation Act, 1996 and rules. The venue of such arbitration will be Pune, Maharashtra India and the language of the arbitration shall be English. The award of arbitrator shall be binding upon both Parties. The cost of the arbitration will be borne by both the Parties equally.

Governing Law and Jurisdiction

These conditions are governed by and construed in accordance with the laws of India, and the application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree, as we do, to submit to the exclusive jurisdiction of the courts at Pune.

 


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