DEFINITIONS

• User is hereby allowed to use the DishCo Service subject to acceptance of the terms and conditions of this Terms of Use and the Privacy Policy on the DishCo App and/or Website (“Terms”). DishCo retains the right to change the Terms from time to time and such modified Terms shall be immediately applicable. Everytime You use the DishCo Service, it shall constitute your acceptance of changes made to Terms.
• User conveys acceptance to Terms every time the User uses the DishCo Service. User has discretion not to use the DishCo Service, so User’s use of the DishCo Service, despite having the right and power of not to use, is construed as User has accepted the Terms.
• DishCo can provide User, subject to acceptance of Terms, at its sole discretion, the User Name and Password (“User Account”). DishCo solely reserves the right to accept or reject application made by User for having User Account without obligation of explanation. DishCo reserves the right to store, evaluate, analyze, verify and authenticate the personal information and data provided by the User. The User hereby acknowledges that DishCocontinues to maintain right to close the User Account without any prior notice for any reasons whatsoever it may be.
• Any person who accesses this DishCo Service is presumed to be legally capable of entering into a legal contract and has understood and voluntarily accepted the Terms.
• The DishCo Service shall facilitate the User to order Food online by using the DishCo App and/or Website, reserve Tables at restaurant, Avail offers received at multiple Restaurant, Choose Favorite Dishes, Give Feedback, Chat online, Make calls, Pay through various multiple wallets, Bank Debit card, credit card, Net banking, Pledge Meals to Food Marshal Charitable Trust, amongst other services. You acknowledge and agree that you take complete responsibility while ordering Food through the DishCo App and/or Website. You also understand and agree that User’s discretion is required while using the DishCoApp and Services.
• The DishCo Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted based on Content, Your Content, queries or other information, but all of your personal information will be protected in accordance with our Privacy Policy. The manner, mode, and extent of advertising by or permitted by DishCo are subject to change with- out specific notice to you. In consideration for DishCo granting you access to and use of the Services, you agree that DishCo may display such advertising throughout the Service you will not block such advertising from appearing.
• We use the Facebook, Twitter, Foursquare, Tumblr, Flickr and Instagram APIs but are not endorsed or certified by any of these parties. All logos and trademarks are the property of their respective parties. Be sure to view each party's Privacy Policy & Terms of Service before sharing.
• We as a merchant 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.
• The DishCo Service shall be used solely for User’s non-exclusive, non-assignable, non-transferable and limited personal use and for no other purposes. User’s Use of the DishCo Service is subject to all applicable local, state, national laws and regulations wherever applicable. Except as specifically permitted in Terms, User shall have no right to copy, change, alter, amend, reverse engineer, decompile, reverse translate, disassemble, publish, disclose, display or make available, or in any other manner, decode the DishCo App and/or the Website.

• You agree that, any contract for the Food and Food Delivery ordered through use of DishCo App and/or Website is between You and the Participating Restaurant; similarly any contract for the supply of DishCo Service from the DishCo App and/or Website is between You and the participating DishCo restaurant. You agree to take reasonable care when providing DishCo with your details and warrant that these details are accurate and complete at the time of ordering Food or partaking any other service. You also warrant that the credit or debit card and bank details that You provide are of your own credit or debit card and bank account.
• Food, Food Delivery and DishCo Service purchased / availed from the DishCo App and/or Website is intended for your use only and You warrant that any Food purchased by You is not for resale and that You are acting as an end customer only and not as an agent for another party while receiving the Food, Food Delivery and DishCo Service.
• You understand that some type of Food may be suitable for Users within certain age ranges only and other foods may not suit all users. It is your sole responsibility to check whether the Food you are ordering is suitable for consumption by self or the intended recipient.
• You understand that, if the ordered Food is within the Food Delivery capacity of the Participating Restaurant, the Participating Restaurant will accept the contract and confirm it to you and DishCo. If the details of the order are correct, the contract for the Food and Food Delivery will be confirmed by either a DishCo notification or text message (SMS) to the User.
• In case Food Delivery is not possible for whatsoever reason, DishCo will let you know by text message (SMS) or app notification. You understand and acknowledge that in unforeseeable events or Force Majeure events, DishCo may not be able to reach and/or communicate with you about the non-delivery.

• All prices listed on the DishCo App and/or Website for Food is correct at the time of publication and is as received from the Participating Restaurant. While DishCo takes great care to keep them up to date, the final price charged to you by the Participating Restaurant may change at the time of delivery based on the latest menu and prices of the Participating Restaurant. DishCo reserves the right to alter the menu of Food available for sale on the DishCo App and/or Website and to delete and remove from listing Participating Restaurants and their menu of Food and Food Delivery options, if any.
• All prices listed on the DishCo App and/or Website for Food Delivery by the Participating Restaurant or its delivery partner listed on the DishCo App and/or Website reflect the price charged by the Participating Restaurant and its delivery partner at the time of listing. In the event where Participating Restaurant or its delivery partner informs DishCo immediately after placing the order by the User, about the change in price for Food and/or Food Delivery, DishCo will try to make every possible effort to inform the User about the price difference and the User can choose to opt-out of the order at that time.
• All prices for delivery by DishCo or a third party delivery service provider assigned by DishCo listed on the DishCo App and/or Website is correct at the time of publication, however, DishCo reserves the right to alter the same in future.
• The total price for Food and Food Delivery including all other charges, taxes, costs, if any, will be displayed on the DishCo App and/or Website when you place your order. Full payment must be made for all the particulars mentioned in the order. Payment has to be made in cash if Restaurant permits or, if available on the DishCo App and/or Website, by online payment including through credit card or debit card or wallets.
• If you choose online payment or wallet, you must pay for your order before it is delivered. DishCo shall ensure that online payment mode is secured, your debit/credit card/wallet details will be encrypted to prevent the possibility of someone being able to read them as they are sent over the internet. Your credit card company may also conduct necessary security checks to confirm about your identification before making any such payment.

• Delivery period quoted at the time of ordering are approximate time only and may vary. Food will be delivered to the address as intimated by you while ordering.
• If delivery is done by the Participating Restaurant or its delivery partners, it is the Participating Restaurants’ sole responsibility to provide Food Delivery in a timely manner.
• In case delivery is done by DishCo or a third party delivery service provider assigned by DishCo, DishCo will take reasonable care to deliver in a timely manner. No responsibility is taken for late delivery by DishCo in either case.
• All orders are delivered by a reputable courier representing the restaurant or by restaurant staff themselves. DishCo and the Participating Restaurant will make every effort to deliver within the time stated; however, DishCo will not be liable for any loss caused to you for late delivery. If the Food is not delivered within the estimated delivery time quoted, User shall contact the Participating Restaurant first. You may also contact DishCo by email and DishCo will try to ensure that you receive your order as quickly as reasonably possible.
• In case of a late delivery, the delivery charge (if applicable) will neither be voided nor refunded by DishCo or its participating restaurants.
• All risk in the Food and Food Delivery shall pass to you upon delivery of your order.
• If you fail to accept delivery of Food at the time they are ready for delivery or DishCo is unable to deliver at the nominated time due to your failure to provide appropriate instructions or authorizations, then the Food shall be deemed to have been delivered to you and all risk and responsibility in relation to such Food shall pass to you. Any storage, insurance and other costs which DishCo incurs as a result of the inability to deliver shall be your responsibility and you shall indemnify DishCo in full for such cost.
• You must ensure that at the time of delivery of Food adequate, arrangements including access where necessary, are in place for the safe delivery of the Food. DishCo cannot be held liable for any damage, cost or expense incurred to such Food as a result of a failure to provide adequate access or arrangements for delivery.
• Participating restaurants, who will prepare your order, aim:
  
  1. to deliver the Food at the place of delivery requested by you in your order;
  2. to deliver within the time confirmed by the Participating Restaurant;
  3. to inform you if they expect that they are unable to meet the estimated delivery time.
• Participating Restaurants and DishCo shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery;
• You understand and accept that it might not be possible for Participating Restaurant to deliver to some locations. In such cases, Participating Restaurants or DishCo will inform you accordingly and arrange for cancellation of the order or delivery to any alternative delivery address.

• You must notify the Participating Restaurant immediately if you decide to cancel your order, preferably by phone and quote your order number.You can also cancel the order by immediately notifying DishCo on 1800 266 0626if you are unable to contact the Participating Restaurant. If the Participating Restaurant accepts your cancellation, no cancellation fee applies. If the Participating Restaurant refuses cancellation e.g. because preparation of Food Delivery has been completed and/or delivery personnel is already out for delivery, the order for the Food may not be cancelled. DishCo will not be able to refund the money already paid for any cancelled order, for which Food has been already dispatched.
• DishCo may cancel an order if the Food is not available for any reason. DishCo will notify you if this is the case and make arrangements to refund any payment that you have made.
• If the cancellation was made in time and once the Participating Restaurant has accepted your cancellation, DishCo will refund or re-credit your debit or credit card or net banking account with the full amount within 7 working days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Food, as applicable. In case of a payment made using a Wallet, DishCo will refund or re-credit your wallet with the full amount within 7 working days, which includes the initial delivery charge (where applicable) which you paid for the delivery of the Food, as applicable in the form of Wallet money.
• In the unlikely event that the Participating Restaurant delivers a wrong order, you have the right to reject the delivery of the wrong order and you shall be fully refunded for the missing item in the order. The order’s completeness will be decided by comparing delivered Food with the Participating Restaurant’s Menu. If the Participating Restaurant can only do a partial delivery (a few items might be not available), its staff should inform you or propose a replacement for missing items. You have the right to refuse a partial order before delivery and get a refund. DishCo shall not be responsible for wrong or partial delivery. The issue has to be settled directly with the Participating Restaurant.

• THE DISHCO SERVICE AND ALL CONTENTS, MATERIALS AND POSTINGS ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. THE DISHCO SERVICE WILL BE AVAILABLE FOR USE, OR THAT ALL SERVICES, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR BE PERFORMED AS DESCRIBED. THE SERVICES, THE DISHCO APP AND/OR WEBSITE IS NOT HACK PROOF. THE DATA MAY GET PILFERED, DAMAGED, LOST, GARBLED OR BECOME USELESS. WITHOUT LIMITING THE FOREGOING, DISHCO IS NOT RESPONSIBLE OR LIABLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, INCORRECT ORDERS, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THE DISHCO SERVICE. YOU UNDERSTAND, ACKNOWLEDGE AND AGREE THAT YOU ARE ASSUMING THE ENTIRE RISK AS TO YOUR DATA, QUALITY, ACCURACY, PERFORMANCE, TIMELINESS, ADEQUACY, COMPLETENESS, CORRECTNESS, AUTHENTICITY, SAFETY, SECURITY AND VALIDITY OF ANY AND ALL FEATURES AND FUNCTIONS OF THE DISHCO SERVICE, INCLUDING, WITHOUT LIMITATION, POSTINGS AND MATERIALS ASSOCIATED WITH YOUR USE OF THE DISHCO SERVICE.
• YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE DISHCO SERVICE, DISHCO AND THEIR SUCCESSORS AND ASSIGNS, OR ANY OF THEIR AFFILIATES OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS OR SUPPLIERS SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE DISHCO SERVICE OR FROM THIS TERMS OF USE, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
• Photographs provided on the DishCo App and/or Website are only for reference and shall be treated as an example without any warranty, guarantee, quality, suitability, look, taste and feel. The Food items displayed in photographs or advertisements may have variations in colors, tastes, looks, feel, portion size etc. when compared to the delivered Food items.

DishCo takes feedback and/orcustomer complaints very seriously and aim to respond to your complaint within 5 business days. All complaints to be addressed tofeedback@dishco.com