GetMyFood.com

Terms & Conditions

THIS IS A LEGAL AGREEMENT BETWEEN YOU WHETHER PERSONALLY OR ON BEHALF OF AN ENTITY ("USER" OR "YOU") AND PROM TELESOFT PVT. LTD (THE "COMPANY") AND ITS AFFILIATED COMPANIES (COLLECTIVELY, THE "GETMYFOOD" OR "WE" OR "US" OR "OUR") STATING THE TERMS THAT GOVERN YOUR USE OF THE GETMYFOOD.COM E-COMMERCE SERVICE. THIS AGREEMENT - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF GETMYFOOD.COM'S POLICIES - COLLECTIVELY CONSTITUTES THE "AGREEMENT" BETWEEN YOU AND THE COMPANY. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND THE COMPANY MAY REFUSE ACCESS TO THE GETMYFOOD.COM WEBSITE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.

1. Definition of GetMyFood.com E-Commerce Service

Getmyfood.com is an internet based e-commerce portal (the "Service") that permits you to browse the getmyfood.com website and book food from Restaurants. It has been established to serve as an online market place. GetMyFood acts as an agent for food ordering and delivery services on behalf of the Restaurant. GetMyFood does not sell or control the production of any food produced at the Restaurants. Rather we provide customers the ability to search and find local Restaurants that deliver or prepare food available for pick up. The Restaurants are obligated by GETMYFOOD to comply with national, state and local laws, rules, regulations, and standards pertaining to food preparation, sale, marketing and safety. However, it is critical for users to understand that GETMYFOOD does not in any way independently verify the credentials, representations or products of Restaurants, the ingredients or the quality of any products, or that a Restaurant is in compliance with applicable laws. Customers must make themselves comfortable through information provided by Restaurants on the Website or as requested by customers directly from the Restaurants as to the quality and reliability of the Restaurants, as well as to their compliance with applicable laws. In addition, a Restaurant may represent that food preparation is in accordance with special standards. However, GETMYFOOD does not independently investigate or verify such representations. GETMYFOOD shall not be held liable or responsible for any food or services offered by Restaurants that is unhealthy and can cause injury, that is otherwise unacceptable to customers or that does not meet the expectation of customers in any manner. Customers are solely responsible for verifying the accuracy of delivery addresses, and GETMYFOOD shall have no liability or responsibility for any such erroneous addresses. Your use of the GetMyfood.com website and/or the Service shall be governed by the terms and conditions as set forth in this Agreement.

2. Age requirements for use of the Service

Use of the website "getmyfood.com" is available only to persons who can form legally binding contracts under applicable law. Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including un-discharged insolvents etc. are not eligible to use the website. This Service is available for individuals aged 13 years or older. If you are 13 years or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions. Persons under the age of 13 are not permitted to register for the website or use the Services.

3. Objectionable Material

The Company has used all reasonable efforts to ensure that no objectionable materials are displayed. However, you understand that by using the Service, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language. Nevertheless, you agree to use the Service at your sole risk and that neither the Company nor any of its affiliated companies shall have any liability to you for content that may be found to be offensive, indecent, or objectionable.

4. System Requirements

Use of the Service requires a compatible computer, Internet access (fees may apply), and certain software (fees may apply), and may require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility.

5. Policies

Your use of the Service and purchases made through it are subject to the Company's Policies.

6. Ordering and Payment

All orders are processed through the online portal. Customers are billed directly by GETMYFOOD for their respective orders and "GetMyFood / Prom Telesoft Private Limited" will be the name appearing on your payment records, but GetMyFood / Prom Telesoft Private Limited shall not in any manner be considered the seller of the food.

6.1. Credit Card Payments through Online Gateway

Credit Card payments are processed through our online payment gateway. User need not worry about your card information falling into the wrong hands because credit card issuing bank will authorize the card transaction directly without any information passing through the website. In approximately 30 seconds credit card issuing bank using the online payment gateway will issue an authorization code and confirmation of completion of transaction. This also depends on the internet speed at the user's end. GetMyFood, as a Thawte Certified Site, uses the latest 128 bit encryption technology and other security protocol to protect your credit card information. Orders can be booked using SSL encryption (the internet standard for secure transactions). You can be rest assured that the Company provides the highest standards of security protocols commercially available to ensure that the order booking is absolutely private, safe and secure. If the payment on the credit card is declined for any reason, alternate payment instructions must be initiated immediately otherwise the booking is liable to be cancelled. (There may be a temporary disruption of your access to the Service until the Company can verify the validity of the new credit card information.)

6.2. Payments through Internet Banking

If you have an account with any of the banks empanelled with the Company, then you can pay for your order through respective bank's net banking options and the amount will be automatically debited from your bank account. GetMyFood processes the payments through an online gateway which enables safe and secure transaction. Bank is not responsible for any inconvenience caused or non receipt of the ordered food.

6.3. Right to Change Prices and Availability of Products

The Company reserves the right to charge transaction fees based on certain completed transactions using the GetMyFood Services. The Company further reserves the right to alter any and all fees from time to time, without notice. The User shall be liable to pay all applicable charges, fees, duties, taxes, levies and assessments for availing the GetMyFood Services.

6.4. Electronic Signatures and Contracts

Your use of the Service includes the ability to enter into agreements and/or to make purchases electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND PURCHASES. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

7. Refund Policy

GetMyFood takes customer satisfaction very seriously. In the case of problems with your food order, please contact the Restaurant directly. If you have not been able to resolve your issue with the Restaurant to your satisfaction, please contact GETMYFOOD and we will try to assist you. In appropriate cases, if you have already been billed by GetMyFood, GetMyFood will issue full or partial refunds. For example: if you did not receive your order or received an incorrect order, you may be issued a full refund; if part of your order is missing, we may issue a partial refund. In every event, we will do our best to ensure your satisfaction. If you were billed by GetMyFood.com, GetMyFood.com will provide a full or partial refund if, for example, you did not receive your food order, or any part of your order, on a case to case basis. GetMyFood charges a service fee on all transaction. In case of cancellation of order from the user's end within the stipulated time the service fee is non-refundable.

8. Promotion Codes

GetMyFood.com generates promotion codes from time to time which may be availed on the website as a discount coupon. Gift coupons cannot be combined with cash payment at the restaurants. Gift coupons are redeemable only with online payments through GetMyFood.com. GetMyFood.com reserves the right to add, modify, alter or withdraw all or any of the Terms and Conditions or replace, wholly or partially, the program/campaign by any other program/campaign, whether similar to the ongoing program or not or withdraw it completely without any prior notice. When the user registers with GetMyFood.com, we may contact you from time to time to provide the offers/information of such services or products that we believe may benefit you.

9. Your Information

You agree to provide accurate, current, true and complete information required to register with the Service and at other points as may be required in the course of using the Service ("Registration Data"). You further agree to maintain and update your Registration Data as required to keep it accurate, current, true and complete. The Company may independently verify your Registration Data. The Company may terminate your access to any or all of the Service if any information you provide is false, inaccurate or incomplete. You agree that the Company may (or through third parties, may) store and use the Registration Data you provide for use in maintaining your accounts.

As a registered user of the Service, you may receive or establish an account ("Account"). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information to anyone else or use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify the Company of any unauthorized use of your Account or any other breach of security. Please e-mail Support Centre at support@getmyfood.com to notify the Company in such event. The Company shall not be responsible for any losses arising out of the unauthorized use of your Account.

You further agree that the Company may forward the Registration Data to its employees, officers, affiliates, group companies and to third parties providing billing, support and other services for the purposes of providing the Service to you.

10. Intellectual Property Rights

10.1. Acknowledgement of Ownership

You agree that the service, including but not limited to software, website designs, source codes, databases, functionality, graphics, screen shots, video clips, demos, music, logos, page headers, button icons, scripts, service names and editorial content, contains proprietary information and material that is owned by the Company and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. You shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity.

10.2. Removal of Content or Other Materials

Notwithstanding any other provision of this Agreement, the Company and its licensors reserve the right to change, suspend, remove, or disable access to any content, or other materials canvassed through the Service at any time without notice. In no event will the Company or any of its affiliated companies be liable for the removal of or disabling of access to any such service, content or materials under this Agreement. The Company may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

11. Copyrights

All copyrights in and to the service, including but not limited to, the GetMyFood.com e-commerce service (including the compilation of content, postings, links to other Internet resources, and descriptions of those resources), and software, are owned by the Company and/or its licensors. THE USE OF ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THESE TERMS OF SERVICE, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

12. Trademarks

The Company, the Getmyfood.com logo and other trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of the Company and/or its affiliated companies. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks and any use of such trademarks.

13. Reviews & Submissions Of User Content On getmyfood.Com

13.1. No Endorsement of User Content

You are solely responsible for all User Content (as defined in the next sentence) that you upload, post, email, transmit or otherwise make available on or through the Service (collectively, "Post"). "User Content" means Restaurant reviews or content submission or information of any type or medium, including but not limited to: letters, emails or other messages; other forms of communication through the Services; personal User information; cheat codes; board posts; reader reviews; blogs, ratings, data, notes and testimonials; poll votes; images; audio or video files; and software that you Post. You should have firsthand experience with the restaurants being reviewed. You may Post only User Content which you own, have created or which you have clear permission to Post. You should not be affiliated with competitors if posting negative reviews and you should not make any conclusions as to the legality of the establishment's conduct. You acknowledge and agree that the Company does not endorse any User Content and is not responsible or liable for any User Content, even though it may be unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable, or may infringe upon the intellectual property or other rights of another. You acknowledge that the Company does not pre-screen User Content, and has no obligation to do so, but that the Company and its affiliated companies and designees will have the right (but not the obligation) in their sole discretion to reject or remove restaurant reviews in its sole discretion. The Company has absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate of any User Content that is posted on or through the Service.

13.2. Proprietary Rights in User Content Posted

You hereby grant to the Company the non-exclusive, perpetual, fully paid and royalty-free, worldwide license to use, copy, sublicense, adapt, transmit, translate, distribute, publicly perform, publicly display, modify, and translate such User Content ("Submissions"). You represent and warrant that: (1) you own the User Content Posted by you on Getmyfood.com, (2) your User Content does not violate the privacy rights, publicity rights, copyright rights, intellectual property rights, or any other rights of any person, and (3) the posting of your User Content on Getmyfood.com does not result in a breach of any contract between you and a third party. You agree to pay for all royalties, fees and any other monies owing any person by reason of any User Content you post on Getmyfood.com.

14. Prohibited User Content

The following is a partial list of the kind of User Content that is illegal or prohibited on Getmyfood.com. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, removing the offending User Content from Getmyfood.com and terminating the Accounts of such violators. Prohibited User Content includes content that

  • Is obscene, patently offensive, or promotes racism, bigotry, and hatred or physical harm of any kind against any group or individual;
  • harasses or advocates harassment of another person;
  • contains nudity, violence, or offensive subject matter;
  • involves the transmission of "junk mail" or "chain letters" or unsolicited mass mailing;
  • promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
  • exploits people in a sexual or violent manner;
  • solicits personal information from anyone under 18;
  • provides any telephone or mobile phone numbers, addresses, last names, URLs or email addresses, including in your Account profile;
  • violates the copyright, trademark or other intellectual property rights of any other person;
  • furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
  • solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; or
  • involves commercial activities and/or sales without our prior written consent such as contests, sweepstakes, solicitation of donations, barter, advertising, or pyramid schemes.

15. Prohibited User Activities

You must use Getmyfood.com in a manner consistent with any and all applicable laws and regulations.

The following is a partial list of the kind of activity that is illegal or prohibited on Getmyfood.com. The Company reserves the right to investigate and take appropriate legal action in its sole discretion against anyone who violates this provision, including without limitation, reporting you to law enforcement authorities. Prohibited activity includes, but is not limited to:

15.1. Advertising to, or solicitation of, any person to avail or services through GetMyfood.com. You may not transmit any chain letters or junk email to any other person. It is also a violation of these rules to use any information obtained from Getmyfood.com in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any person. In order to protect Getmyfood.com users from such advertising or solicitation, the Company reserves the right to restrict the number of emails which a user may send to other users in any 24-hour period to a number which the Company deems appropriate in its sole discretion;

15.2. any automated use of the system;

15.3. attempting to impersonate another user or person;

15.4. using the account, username, or password of another user or person at any time or disclosing your password to any third party or permitting any third party to access your account;

15.5. selling or otherwise transferring your profile;

15.6. covering or obscuring the banner advertisements on forums, or any Getmyfood.com page via HTML/CSS or any other means; or

15.7. Interfering with, disrupting, or creating an undue burden on the site or the networks or services connected to the Service.

16. Link To Third Party Websites

The service may provide you with opportunities links or other opportunities to use certain sites, services, products, applications or content offered by or through the Company's third-party providers, including but not limited to advertisers, content and other ecommerce providers (collectively "Third-Party Services") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Content"). Your use of any such Third Party Websites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Websites accessed through Getmyfood.com or any Third Party Content posted on, available through or installed from the Website, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or the Third Party Content. The Company does not endorse any Third-Party Services or any products, content or communications linked to or accessible from the Services. You agree that you are wholly responsible for making your own independent judgment regarding your user or interaction with Third-Party Services Any purchases you may make through Third Party websites will be through other websites and from other companies and GetMyFood takes no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party.

17. Site Management And Monitoring

The Company and its affiliated companies reserve the right but do not have the obligation to Pre-screen or Monitor any User Content posted on the website for violations of this Agreement. However the Company and its affiliated companies reserve the right at all times to take appropriate legal action against anyone who, in the Company's sole discretion, violates this Agreement or take any action as necessary to satisfy any applicable law, regulation, legal process or governmental request. The Company and its affiliated companies'sole discretion can and without limitation, refuse, restrict access to or availability of, or disable any user's Content or any part thereof that may violate the Terms of this Agreement or any of the Company's policy. The company also reserves the right to terminate the accounts of repeat infringers and otherwise manage the website in a manner designed to protect the rights and property of the Company and its affiliated companies and to facilitate the proper functioning of the website.

18. Privacy Policy

We care about the privacy of our users. Please review the Privacy Policy on the website. By using the website the User hereby consents, expresses and agrees that he has read and fully understands the Privacy Policy of the Company, ("GetMyFood"). The User further consents that the terms and contents of such Privacy Policy are acceptable to him

19. Term and Termination

19.1. Termination by the Company

This Agreement shall remain in full force and effect while you use the Website or are otherwise a user of the Website. You may terminate your use or participation at any time, for any reason, by following the instructions for terminating user accounts in your account settings. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to make payment of fees due, failure to provide the Company with a valid credit card or with accurate and complete Registration Data, failure to safeguard your Account information, or violation of the Usage Rules, the Company, at its sole discretion and without prejudice to any other remedies available to it, without notice to you may: (i) terminate this Agreement and/or your Account, and any provisions of this Agreement that, in order to fulfil the purposes of such provisions, need to survive the termination or expiration of this Agreement, shall be deemed to survive for as long as necessary to fulfil such purposes. In order to protect the integrity of the Company and GetMyFood Services, the Company reserves the right at any time in its sole discretion to block certain IP addresses from accessing the website "Getmyfood.com".

19.2. Termination Of Service

The Company reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and neither the Company nor its directors, officers, employees, affiliates, agents, contractors or licensors will be liable to you or to any third party should it exercise such rights.

20. General Compliance With Laws

You agree to comply with all local, state, federal, national and international laws, statutes, ordinances, and regulations that apply to your use of the Service.

21. Enforcement Of These Terms

The Company reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights). You agree that the Company has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as the Company believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to the Company's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service and/or Products is unlawful and/or infringes such third party's rights).

22. Disclaimer of Warranties; Limitations of Liability

  • THE COMPANY HAS TAKEN ALL MEASURES TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT BUT HOWEVER THE COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT, NOR CONTROL THE NATURE OF ALL OF THE CONTENT AVAILABLE ON THE WEBSITE OR THE INTERNET OR YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR RESTAURANT FOOD SOLD THROUGH THE WEBSITE. AND YOU AGREE THAT FROM TIME TO TIME THE COMPANY MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
  • YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS AND CONTRACTORS, OR LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS WEBSITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (B) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (C) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (D) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE COMPANY'S LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
  • THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND THE COMPANY HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY. IN NO EVENT SHALL THE COMPANY OR ITS DIRECTORS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE WEBSITE OR THE SERVICES.

23. Waiver and Indemnity

BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY THE COMPANY AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF THE COMPANY'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

24. Modifications and Corrections

24.1. To Agreement

The Company reserves the right to update, revise, supplement, and otherwise modify this Agreement from time to time and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Any material updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions to this Agreement will be posted on the Website and revisions will be effective immediately and thereafter incorporated into this Agreement. You agree to be bound to any changes to this Agreement when you use the Services after any such modification posted on the Website becomes effective. Additionally, modifications made to this Agreement applicable to dispute resolution shall not apply to disputes arising prior to the effective date of the modification.

To Services

The Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

All Additional Terms are hereby incorporated into this Agreement by this reference.

25. Corrections

Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. The Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.

26. Notices

The Company may send you notice with respect to the Service by sending an email message to the email address listed in your getmyfood.com Account contact information, by sending a letter via postal mail to the contact address listed in your GetMyFood.com Account contact information, or by a posting on the GetMyFood.com e-commerce service. Notices shall become effective immediately.

27. Governing Law / Dispute Resolution

27.1. Governing Law

The rights and obligations of the Parties under the Agreement shall be governed by the laws of India. All disputes between the Parties relating to issues arising under this Agreement or the Service shall be resolved solely through proceedings instituted before the Court in Kolkata, India.

27.2. Dispute Resolution

In the event that any dispute arises between the Parties in connection with this User Agreement, the construction of any provision of this Agreement or the rights, duties or liabilities of the Parties hereto under this User Agreement, the parties shall conduct negotiations in good faith to solve such dispute. If mutual resolution cannot be reached within sixty (60) days after the commencement of such negotiations, the same shall be referred to an independent arbitrator who will be appointed by Prom Telesoft Private Limited and his decision shall be final and binding on the parties hereto .The venue of arbitration shall be Kolkata. The arbitration proceedings shall be conducted in English. Any award made in such arbitration will be final and binding on the Parties. During pendency of any arbitration proceedings, performance of the services and all other obligations under this User Agreement issued under this Agreement by GETMYFOOD shall continue uninterrupted.

28. Miscellaneous

These Terms of Service constitute the entire agreement between you and the Company and govern your use of the Service, superseding any prior agreements between you and the Company. You also may be subject to additional terms and conditions that may apply when you use third-party content or third-party software or affiliate services. If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. The Company's failure to enforce any right or provisions in these Terms of Service will not constitute a waiver of such provision, or any other provision of these Terms of Service. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. The Company will not be responsible for failures to fulfill any obligations due to causes beyond its control.