Food Ka Mood Mumbai's Online Food Court

TERMS OF USE

1. ACKNOWLEDGMENT & ACCEPTANCE

These are the terms and conditions of the website, www.foodkamood.com, wholly owned, operated and managed by M/S Food Ka Mood ("FKM"). The Website aims at providing its Members with online food ordering facility with various restaurants in the city of Mumbai (the "Service"). By registering yourself as a member with the Website, You (the user/member) agree to be bound by the terms of these T&C.

2. TERMS OF USE AND REGISTRATION

For registering on the Website, You are expected to follow the below mentioned steps:

Registration to use our services is not mandatory, but registered members agree to share with us the details as required to complete registration.
You agree to comply with all local, state, regional and/or national laws that may be applicable to your use of the Internet, a computer device and your membership to website.
FKM assumes that all information provided by you is correct and true. FKM has the right to and may, at its sole discretion, verify the information provided by you. If there is any change in the information provided by you to the website, you must immediately update Your profile by logging on to website.
Notwithstanding the above, FKM may refuse registration and deny the issuance of an Account and associated User ID and Password to any User at its sole discretion.
By becoming a Registered User, you consent to the inclusion of your personal data in FKM Database.
By using any of FKM‘s services as a registered or guest user, or by becoming a Registered User, you consent to receiving SMS(s), emails or phone calls from FKM, irrespective of your number appearing on the National Do Not Call Registry under Telecom Regulatory Authority of India.
FKM may refuse service, restrict, suspend or terminate your account at any time, at its sole discretion by giving you not less than 24-hours notice provided, however, that notice is not required for such termination if: (a) in FKM‘s judgment, there is any breach of the provisions of T&C by the registered member; or (b) FKM has reasonable grounds to believe that any information provided by you is untrue, inaccurate or is not current or is incomplete, or
FKM may, at its sole discretion, refuse service and restrict usage of website till verification in respect of your personal information is complete.

3. MEMBERS CONDUCT

You agree to only use the website in a manner that is consistent with the terms mentioned herein and in such a way as to ensure compliance with all applicable laws and regulations.
You shall ensure that your personal profile is up-to-date and accurate. You agree to promptly notify us of any change in your address (mail or email), mobile number or personal profile by updating your personal information at the website.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

4. MEMBERSHIP CANCELATION

If FKM reasonably believes that an account, mobile number and/or Password is being misused in any manner as clarified below, it reserves the right to suspend or terminate the member account and take technical steps to block such member from visiting the website.
If you wish to cancel your membership you may do the same by sending a mail to support@foodkamood.com.
You hereby agree to comply with all the laws, rules, and regulations that are applicable to you as a User / member. You acknowledge that you shall only be entitled to the use of the website if and to the extent that such entitlement is permitted by Indian laws, rules and regulations. FKM reserves with it the right to refuse enrollment to you, or to restrict, modify, or terminate your entitlement to the website, without liability to you or to any other party, if you violate any law, rule, or regulation, or if your entitlement to the website violates any law, rule, or regulation.
FKM shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership shall be final and binding. Should you object to any of the T&C, or any subsequent modifications thereto, your only recourse is to immediately discontinue participation in the website and properly terminate your membership.

5. DISCLAIMER OF WARRANTIES

You expressly understand and agree that:

Your use of the website is at your sole discretion and responsibility. The services of the website are being provided to you on an "as is" and "as available" basis. FKM, its affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether expressed or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
FKM, its affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the services of the website will meet your requirements; (ii) the services of the website will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of such services will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the Service or through the Service advertisers or partners will meet your expectations.
Any material downloaded or otherwise obtained through the use of the Service is accessed by you at your sole own discretion and risk, and you will alone be responsible for any damage to your computer system or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from FKM or through or from the Service shall create any warranty not expressly stated in the T&C.

6. LIMITATION OF LIABILITY

FKM shall not be liable for any special indirect, punitive, incidental, special, or consequential damages relating to the usage of the services of the website.
FKM is not responsible for damages or losses that result from using the services being provided by the website, or reliance on or use of information, services, etc provided on or through the Service.
You acknowledge and agree that FKM neither endorses the content of advertisements or third parties‘ web content, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising therefrom, or any fraud or other crime facilitated thereby.
To the maximum extent allowed by applicable law, neither FKM nor any of its members, service providers, licensors, officers or employees shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to the T&C, resulting from the use or the inability to use the website services or resulting from any services purchased or obtained or messages received or transactions entered into through the Service or resulting from unauthorized access to or alteration of user‘s transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if such party has been advised of the possibility of such damages.
Under no circumstances shall FKM be held liable for any delay or failure or disruption of the content or services delivered through the FKM resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, Acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals or non-performance of third parties.
FKM or its officers, employees, agents, etc will in no way be responsible for circumstances beyond its control, which hinder your access to the website services.

7. PROPRIETARY RIGHTS

You acknowledge that Service content on the Website (including but not limited to text, sound, photographs, graphics, pictures or other material contained in any Service communication, advertisements, or messages, whether by FKM or FKM‘s advertisers or partners including the Restaurants), Service and software(s) are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. You are only permitted to use such content, Service, or software as expressly authorized by FKM, its advertisers and partners, as the case may be.
Except as expressly authorized by FKM or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the software, either in whole or in part.

8. MODIFICATIONS

FKM reserves the right to change this T&C document and therefore, it is also your responsibility to check this document periodically for any changes or modifications. Your continued use of the website constitutes an affirmative acknowledgement by you of the T&C and any subsequent modifications made to it and your consent to abide and be bound by the T&C document in its modified form.
FKM reserves the right to modify some or all its functional features or discontinue the Service with or without any notice to you. FKM shall not be liable to you or any third party should it exercise its right to modify or discontinue the Service.

9. INDEMNIFICATION

You hereby agree to indemnify and save FKM, its affiliates, partners, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from such use of the website by you (including but not limited to the display of your information on the website) or from your breach of any of the T&C mentioned herein. You hereby further agree to indemnify and save FKM, its affiliates, officers and employees harmless, from any and all losses, claims, liabilities (including legal costs on a full indemnity basis) which may arise from that breach of any representations and warranties made by you to FKM, hereinabove.
FKM shall not be liable for any special, direct, indirect, punitive, incidental or consequential damages or any damages whatsoever (including but not limited to damages for loss of profits or savings, business interruption, loss of information), whether in contract, negligence, tort, strict liability or otherwise or any other damages resulting from any of the following:

the use or the inability to use the website (whether due to disruption, limited access, changes to or termination of any features on the website or otherwise) for any interruption, delays, errors or omissions with respect to any communications or transmission, or any damage (direct, indirect, consequential or otherwise) arising from the use of or inability to use the website.
any shortcoming / error with respect to any information or Services purchased or obtained from a User or a third-party content provider through FKM;
unauthorized access by third parties to data or private information of any User;
statements or conduct of any User of the FKM; or
authenticity, availability, suitability, reliability, accuracy of the information, software, Services, content, etc.

10. CANCELLATION OF ORDER AND REFUNDS

Orders once placed cannot be cancelled. Payment made while placing the order will be refunded only in case of failure by the restaurant to deliver the ordered food.

11. MISCELLANEOUS

If you want FKM to cease sending advertisements to you, you must cancel your FKM membership account.
b. FKM reserves the right to discontinue or vary the terms of its FKM Loyalty Program at any point of time without any prior notice. All loyalty points accrued but not encashed till the time of discontinuation will automatically cease to exist.

12 . REPRESENTATIONS & WARRANTIES

A. You hereby represent, warrant and agree to

Provide true, accurate, current and complete information to be displayed on the website (including personal information);
Maintain and promptly amend all information to keep it true, accurate, current and complete;

B. You hereby represent, warrant and agree that information submitted by you for display on the website shall not:

contain fraudulent information or make fraudulent offers of items;
violate any applicable law, statute, ordinance or regulation;
contain any material that constitutes unauthorized advertising or harassment (including but not limited to spamming), invades anyone‘s privacy or encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law or regulation;
contain any computer viruses or other destructive devices and codes that have the effect of damaging, interfering with, intercepting or expropriating any software or hardware system, data or personal information;

13 . USER INFORMATION

FKM reserves the right to cooperate fully with governmental authorities, private investigators and/or injured third parties in the investigation of any suspected criminal or civil wrongdoing or other unlawful activity. Furthermore, FKM may disclose the your identity and contact information, if requested by a government or law enforcement body, an injured third party, or as a result of a sub-poena or any other legal action, and FKM shall not be liable for damages or results thereof and you agree not to bring any action or claim against FKM for such disclosure.
In the event FKM takes any of the actions mentioned in the above clause, you agree that FKM shall have no liability to you, including no liability for consequential or any other damages, and that you agree to bear the risk that FKM may take such actions.

14. DATA PROTECTION

FKM may send information and offer products and services to you from time to time. For further details relating to our policy relating to such offers please refer to our Privacy Policy.

15. GENERAL

The relationship created by use of FKM‘s services is of independent entities, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this T&C.
FKM shall have the right to assign its obligations and duties under this T&C and/or in any agreement relating to the Services to any person or entity at any time without intimating the same to You.

16. REVIEWS AND COMMENTS

If, at any time, FKM enables you to post reviews of and comments on various products and Services featured on the Website, then in respect of such a comment/article/blog, you grant the website and/or its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such reviews and comments throughout the world in any media. You also grant the website and/or its affiliates the right to use the name, if any, that you submit in connection with such review or comment.

17. DISPUTE RESOLUTION

The T&C shall be governed by the laws of India without regard to its conflict of law provisions. The parties to the T&C hereby submit to the exclusive jurisdiction of the courts of Mumbai.

18. GREVIANCE REDRESSAL

In the event of any grievance, complaint or objection in respect of the website, the members can contact us at contactus@foodkamood.com or call us at (022) 2421 0333.

DISCLAIMER

THIS WEB SITE IS PROVIDED BY FKM ON AN "AS IS" BASIS. FKM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED IN THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FKM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FKM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, OR PRODUCTS ACQUIRED THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. PRICING ON THIS SITE MAY BE SUBJECT TO CHANGE WITHOUT NOTICE AND MAY DIFFER FROM PRICING PROVIDED BY THE PARTICIPATING RESTAURANTS.

PRIVACY POLICY

Effective October 2009

Food Ka Mood is committed to safeguarding your privacy and upholding the highest levels of information security. To that end, we adhere to the strictest consumer privacy guidelines and use state-of-the-art security technology to protect any information you provide to and through our website, www.foodkamood.com , (hereinafter referred to as "FKM ").

ABOUT FOOD KA MOOD SYSTEM

Any information provided to FKM (in course of user of services) is not shared with the restaurants or any other third party except in cases wherein such information sharing becomes necessary to provide a particular service. For example customer details are needed to be shared with the restaurant to or process an order.
This document describes how FKM Website user information is collected, stored, used and, in specific instances, shared with restaurants.

UNREGISTERED AND REGISTERED USERS:

As and when decided by FKM certain services may or may not require registration.. Users should clearly understand that access to services on FKM website is clear discretion of FKM

RESPECT AND PROTECTION OF CUSTOMER’S PRIVACY

FKM respects, protects & takes steps to protect & safeguard the complete privacy of its customers. We strive to take all care possible of the information that is received from you.

NATURE OF INFORMATION WE COLLECT & USE

We do not collect personal information from you when you visit our site unless you intend to advertise or use our services or want to know more about them. We may however, track the non-personal information about your visit which may include your domain name, webpage or complete URL from which you entered our site , your IP address & how much time you spend on our pages etc. In order to operate the Site and provide you with information on products and services that may be of interest to you, we may collect information that could be used to contact you such as full name, postal address, phone number and email address, financial information (e.g. passwords and credit card numbers), demographic information (e.g. zip code, hometown, gender, purchase history information and age), public information such as user ratings and reviews and a user name from you.

THIRD PARTY ADVERTISERS AND EXTERNAL LINKS

We may accept advertisements from third-party advertisers or provide links to external Web sites. Privacy policy of these advertisers and sites for information regarding their collection of information and use of cookies are not under our control. We are not responsible for the content or privacy practices of other Web sites. Any third party cookies are subject to the privacy policy of the company placing them.

POLICY IN RESPECT OF CHILDREN

FKM is wholly committed to protecting the privacy of the young. Our site is not designed to attract children under the age of 12 and FKM does not knowingly collect personal information from children on our web sites. It is possible that by fraud or deception we may receive information given to us or pertaining to children under 12. If we are notified of this, as soon as we verify the information, we will immediately delete the information from our servers.

DISCLOSURE TO THIRD PARTIES

When you order from us, we will share your address and other necessary information (required to deliver the food to your home) with the restaurant. You agree to share such information with the restaurants. We may use aggregated information like how visitors use our Web site and share such information with third parties in order to improve our Web site and to help us attract advertisers and listings. For example, we may share how many individuals visited our Web site and, on average how much time they spent on our site . Such use and sharing of aggregated information will not reveal any of your personal information to third parties. For this purpose, we may also provide these third party service providers anonymous information about your site navigation.

INFORMATION DISCLOSURE IN SPECIAL CASES

Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief that such action is necessary to comply with a current judicial proceeding, a criminal investigation, a court order, or legal process served on our Web site or a govt. order. We may also share your personal information if we believe it is necessary in order to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, violations of FKM or FKM Site‘s terms of use, or as otherwise required by law. FKM will disclose personal information, to the extent it possesses any, when in its good faith judgment the law requires it to do so, such as in response to court orders or other legal process, or when disclosure is necessary to protect our rights or the rights of our advertisers.

SECURITY

No transmissions over the internet can be guaranteed to be 100% secure. Consequently , we cannot ensure or warrant the security of any information you transmit to us and you do so at your own risk. Once we receive your transmission, we make reasonable efforts to ensure security on our systems. However, please note that this is not a guarantee that such information may not be accessed, disclosed, altered or destroyed by breach of any firewalls or secure server software we may employ. By using this Web site or providing personal information to us you agree that we can communicate with you electronically regarding security, privacy and administrative issues relating to your use of this site. FKM may post a notice on our Web site if a security breach occurs.

INFORMATION OTHER WEB SITES COLLECT FROM YOU

On the Site, we place links to other web sites operated by other parties. Some of these other web sites contain our brand names and trademarks and other intellectual property that we own; others do not. When you click on these links and visit these other web sites, regardless of whether or not they contain our brand names, trademarks and other intellectual property, you need to be aware that we do not control these other web sites or these other web sites‘ business practices, and that this privacy policy does not apply to these other web sites. Consequently, the operators of these other web sites may collect different kinds of information about you, and may use and disclose that information in different ways than we would if it were collected on the Site. We shall not be held responsible for any such listing.

OUR SECURITY PRECAUTIONS, LOCATION OF INFORMATION

The Site has security measures in place to protect against the loss, misuse and alteration of the information under our control. Your information may be transferred to and maintained on computer networks which may be located outside of the state, province, country or other governmental jurisdiction in which you reside, and the countries in which these computer networks are located may not have privacy laws as protective as the laws in your country.

REFER-A-FRIEND

If you elect to use our referral service for informing a friend about any of our services/site, we ask you for your friend‘s name and email address. FKM will automatically send the friend a one-time email inviting them to visit the FKM Site.

LEGAL NOTICE

Foodkamood.COM makes no representations or warranties that any information or content provided herein is accurate, complete, or authentic; and FKM shall have no liability whatsoever for information or content provided by third parties. Foodkamood.com reserves the right to modify any information, content or services at any time without notice.

INFORMATION ACCESSIBLE TO RESTAURANTS

When you Place an online order using the FKM Website, your name, address, telephone numbers & email address are provided to that restaurant, just as would occur if you were making an order over the phone. Restaurants cannot access the FKM databases to access information pertaining to diners or dining histories from other restaurants, with the exception that restaurants under the same corporate ownership may elect to share diner information between restaurant properties.

EMAIL FROM FKM & RESTAURANTS

FKM sends automated service messages pertaining to promotions online orders for delivery, take-away / advance orders /catering requests and / or invitations to provide diner feedback. While you cannot unsubscribe from all service messages, you may select not to receive future diner-feedback invitation emails by following the "unsubscribe" instructions provided.
You may unsubscribe from the FKM email list at any time by visiting your Profile page and choosing to opt out from receiving marketing communications.
You may also receive marketing communications from the restaurant to whom you‘ve made an online order. You may unsubscribe from the restaurant’s/email list at any time by intimating us on the same.

PURPOSE OF USE OF YOUR PERSONAL INFORMATION:

FKM may use your personal information for the following purposes:

to convey your order to the restaurant you‘ve selected or for rendering any other services, by providing your name address and contact phone number to that restaurant,
to provide you with dining gift certificates if any and other products and services of the FKM Websites, under applicable terms and conditions,
to provide you with information about the services of the FKM Website,
to provide services which Registered Users are entitled to under applicable terms and conditions,
to produce aggregate statistical data for the improvement of services offered by the FKM Website,
to use the aggregate statistical data for promotional purposes,
to provide you with restaurant recommendations based on your dining history,
for any other purposes related to those above.

User profile and information update:

Once a Registered User logs on to the FKM Website, that user can view his or her personal information stored by FKM by clicking on the "My Account" link at the top of the page. In addition to being able to view your recent FKM order history, every user is also able to view and change the following personal information: name, email address, password, phone number, primary dining city, birthday (if it has been provided by the user), address (if it has been provided by the user), and whether that user would like to receive marketing communications from FKM. The user at any time may contact FKM to request that all personal information be deactivated.

Cookies:

Log-in areas on the FKM Websites require that your browser accept cookies. A cookie is a small amount of information that is sent from a web server to your browser and stored on your computer‘s hard drive. FKM uses cookies to verify that you are properly signed in, for example. FKM may also use cookies from time to time to measure your response to new aspects of the websites and/or emails in an effort to continually improve customer service and website usability.
Please be aware that a cookie cannot spread computer viruses, retrieve any other data from your hard drive, or capture your email address.
You can erase or block cookies from your computer if you wish to do so (your internet browser help screen or manual will thoroughly explain this process), but certain FKM services, as well as parts of the website, may not work correctly or will not work at all if your browser is set not to accept cookies.
Web pages may contain electronic images (called a "single-pixel GIF" or "web beacon") that are used to count users who have visited that page, or to access certain cookies.

REGISTRATION INFORMATION

FKM uses a state-of-the-art multi-layer encryption algorithm and makes its best efforts to ensure that all of your user information is secure. In addition, FKM stores all of your personal information on a secure server. FKM employs a staff that regularly maintains the security of all personal information stored, and that continually monitors and implements changes and improvements that become available in the electronic data security industry.

PRIVACY POLICY UPDATES

Changes may be periodically incorporated into this Site. FKM may make improvements and/or changes in the products, services and/or programs described in these Sites and the Materials at any time without notice.
Our Privacy Policy is regularly reviewed and revised to make sure we continue to serve the best interests of our customers. We reserve the right to update this Privacy Policy to reflect any changes. If we decide to change our Privacy Policy, we will post those changes to this Policy, and other places we deem appropriate so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If the change would cause us to use or disclose personal information in a manner that is materially less restrictive from that stated at the time of collection, we will notify Web visitors prior to implementing the change.