Please read the terms and conditions (“Terms and Conditions”) set out below carefully before ordering food in the train from our Website. By ordering any Goods or Services from this Website, by phone, or by our mobile applications you agree to be bound by these Terms and Conditions.
Section 1: Introduction
E-catering app is an e-catering service provider company owned by Yescom India Softech Pvt Ltd, unless otherwise stated.
Section 2: Definitions
2.3. “you”, “your” and “yours” are references to you the person accessing this Website and ordering any Goods or Services from the Website or from any other channel provided by e-catering app.
2.4. “we”, “us”, “our”, and “E-catering app” are references to the Company.
2.5. “Goods” is a reference to any goods which we may offer for sale from our Website from time to time.
2.6. “Service” or “Services” is a reference to any service which we may supply and which you may request via our Website.
2.7. “Participating Restaurant” is a third party, which has agreed to co-operate with the Company to prepare and/or deliver the Goods or Services.
2.8. “Food Delivery in train” is a reference to perishable goods and to any form of delivery service, which both are provided by our Participating Restaurants and for both of which our Participating Restaurants take full responsibility; and
2.9. “Website” is a reference to our Website www.catering.app or our mobile applications on which we offer our Goods or Services.
Section 3 :Description of Service
3.1 E-catering app provides a way for you to communicate your orders to Delivery Restaurants (“Delivery Restaurants”) displayed on this Website.
3.2 You may access some areas of this Website without making E-catering app order, and registering your details with us. Most areas of this Website are open to everyone.
3.3 By accessing any part of this Website, you indicate that you accept these Website Terms. If you do not accept these Website Terms, you must leave this Website immediately.
3.5 You are responsible for making all arrangements necessary for you to have access to the Website. You are also responsible for ensuring that all persons who access the Website through your Internet connection are aware of these Website Terms and that they comply with them.
3.6 Content that is considered obscene under Indian law is strictly forbidden on the E-catering app.com site, and users are prohibited from posting any material of an obscene nature on the E-catering app.com site. Although, E-catering.app exercises due diligence to ensure that any obscene content posted by users in violation of this agreement is promptly removed, users may sometimes come across user-posted obscene content that we have not yet discovered. Users shall make best endeavors to make E-catering app.com aware of such obscene/objectionable content that they come across while using the service.
Section 4: Ordering
4.1. Any contract for the supply of Food Delivery from this Website is between you and the Participating Restaurant; for the supply of Goods or Services from this Website any contact is between you and E-catering app. You agree to take particular care when providing us with your details and warrant that these details are accurate and complete at the time of ordering. You also warrant that the credit or debit card details that you provide are of your own credit or debit card and that you have sufficient funds to make the payment.
4.2. Food Delivery in trains, Goods and Services purchased from this Website are intended for your use only and you warrant that any Goods purchased by you are not for resale and that you are acting as principal only and not as agent for another party when receiving the Services.
4.3 Once you have selected your order from the menu of your chosen Delivery Restaurants you will be given the opportunity to submit your order by clicking on the “Finish” button. Please note it is important that you check the information that you enter and correct any errors before clicking on the “Finish” button since once you click on this input errors cannot be corrected.
4.4 If at any time prior to you clicking on the “Finish” button, you decide that you do not wish to proceed with your order, you should close the application window.
4.5 Upon clicking on the “Finish” button, in case you have selected Cash on Delivery (COD) payment mode E-catering app will begin processing your order and we will send you notification by SMS and email that your order is being processed. For online payment orders, on receipt of your payment, E-catering app will begin processing your order and we will send you notification by SMS and email that payment has been received and that your order is being processed. SMS and email confirmation will be produced automatically so that you have confirmation of your order details. You must inform us immediately if any details are incorrect. The fact that you receive an automatic confirmation does not necessarily mean that either we or the Delivery Restaurant will be able to fill your order.
4.6 On clicking the “Finish” button, you explicitly agree to the Terms and Conditions set upon in this agreement. All orders placed through E-catering app will be deemed completed after the scheduled delivery time stated in the bill when the order is placed has passed, unless the customer notifies the customer service agent about the non delivery of their order.
Section 5: Prices and Payment
5.1 Prices will be as quoted on this Website. These prices are inclusive of relevant sales tax ,E-catering app service charges and delivery charges. In case Delivery Restaurants requires a service charge (for instance for orders below the minimum order amount), this will be clearly indicated on this Website, in the itemized bill, and added to the total amount due.
5.2 This Website contains a large number of menus items. Although we take great care to keep them up to date, it is always possible that some of the menus may be incorrectly priced. If the correct price for an order is higher than the price stated on the Website, E-catering app will normally contact you before the order in question is dispatched. E-catering app is under no obligation to ensure that the order is provided to you at the incorrect lower price or to compensate you in respect of incorrect pricing.
5.3 Payment for all orders must be by credit or debit card as stated on this Website or in cash at the point of delivery to you.
5.4 If you choose online payment, you must pay for your order before it is delivered. To ensure that shopping online is secure, your debit/credit card 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 security checks to confirm it is you placing the order.
5.5 In case of online payment, if any payment you make is not authorized you will be returned to the previous page on the Website and we shall not be obliged to provide the services.
5.6 A discount may apply to your order if you use a promotional code recognized by this Website and endorsed by E-catering app.
5.7 Please note that from time to time there may be delays with processing payments and transactions, on occasion this can take up to sixty (60) days to be deducted from your bank account or credit card.
Section 6. Delivery
6.1 If delivery is done by the Delivery Restaurant or its delivery partners, it is the Delivery Restaurants sole responsibility to provide Food Delivery in a timely manner.
6.2 We and the Delivery Restaurant will make every effort to deliver within the time stated at the requested train station. If Food Delivery is not provided at the estimated delivery time and train station requested by you, please contact us by telephone or email and we will try to ensure that you receive your order at an alternate train station along your train route.
6.3 All risk in the Food Delivery shall pass to you upon delivery.
6.4 If you fail to accept delivery of Food Delivery at the time they are ready for delivery, or we are unable to deliver at the nominated time due to your failure to provide appropriate train seat/coach information, or we are unable to deliver because of your failure to be present at the seat number you communicated to us, then such goods shall be deemed to have been delivered to you and all risk and responsibility in relation to such goods shall pass to you. Any costs which we incur as a result of the inability to deliver shall be your responsibility and you shall indemnify us in full for such cost.
6.5 Delivery Restaurants, who will prepare your order, aim:
6.5.1 to deliver the product to you at the train seat/coach requested by you in your order;
6.5.2 to deliver within the stoppage time at the station requested by you.
6.6 Delivery Restaurants and E-catering app shall not be liable to you for any losses, liabilities, costs, damages, charges or expenses arising out of late delivery.
Section 7. Cancellation
7.1 You can cancel your order up to the order cut-off time. You can cancel your order either calling our call center number, or through our website. You will need to quote mobile phone number and order ID to cancel the order. You may be required to login on the website in order to cancel your order, where applicable. We will not be able to cancel any order after order cut-off time, which is usually one hour before STA of train at delivery station.
7.2 If the cancellation is made up to 24 hours before cut-off time, and you have paid in advance online, we will refund or re-credit your debit or credit card with the full amount less a 10% cancellation administrative fee within 14 days.
7.3 If the cancellation is made between 24 hours and order cut-off time, and you have paid in advance online, we will refund or re-credit your debit or credit card with the full amount less a 25% cancellation administrative fee within 14 days.
7.4 In the unlikely event that the Delivery Restaurant delivers a wrong item, you have the right to reject the delivery of the wrong item and you shall be fully refunded for the missing item. If the Delivery 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. We will put our best effort in ensuring that the delivery is complete and as per your order, however this may not be possible in all cases.
Section 8. Licence
8.1 You are permitted to print and download extracts from this Website for your own personal use on the following basis:
8.1.1 Unless otherwise stated, the copyright and other intellectual property rights in this Website and in the material published on it (including without limitation photographs and graphical images) are owned by E-catering app or E-catering app’s licensors. These works are protected by copyright laws and treaties around the world and all rights are reserved. For the purposes of these Website Terms, any use of extracts from this Website other than in accordance with paragraph 4.1 is prohibited.
8.1.2 You must not modify the digital or paper copies of any materials that you print off in accordance with paragraph 4.1 and you must not use any pictures, photographs or any other graphics, video, or audio sequences separately from any accompanying text.
8.1.3 You must ensure that E-catering app’s status as the authors of the material on this Website must always be acknowledged.
8.1.4 You are not allowed to use any of the materials on this Website or the Website itself for commercial purposes without obtaining a license from E-catering app to do so.
8.2 Except as stated in paragraph 8.1, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission
8.3 This license shall automatically terminate if you violate any of these restrictions and may be terminated by E-catering app at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
8.4 Any rights not expressly granted in these Website Terms are reserved.
Section 9. Service Access
9.1 While E-catering app tries to ensure this Website is normally available twenty four (24) hours a day; E-catering app will not be liable if this Website is unavailable at any time or for any period.
9.2 Access to this Website may be suspended temporarily and without notice.
9.3 Unfortunately, the transmission of information via the internet is not completely secure. Although we will take steps to protect your information, we cannot guarantee the security of your data transmitted to the Website; any transmission is at your own risk.
Section 10. Visitor Material and Conduct
10.2 You are prohibited from posting, uploading or transmitting to or from this Website any material that:
10.2.1 breaches any applicable local, national or international law;
10.2.2 is unlawful or fraudulent;
10.2.3 amounts to unauthorized advertising; or
10.2.4 contains viruses or any other harmful programs.
10.3 You may not misuse the Website (including by hacking).
10.4 Any comments or feedback that you submit through the Website must not:
10.4.1 contain any defamatory, obscene or offensive material;
10.4.2 promote violence or discrimination;
10.4.3 infringe the intellectual property rights of another person;
10.4.4 breach any legal duty owed to a third party (such as a duty of confidence);
10.4.5 promote illegal activity or invade another’s privacy;
10.4.6 give the impression that they originate from us; or
10.4.7 be used to impersonate another person or to misrepresent your affiliation with another person.
10.5 The prohibited acts listed in paragraphs 10.2 to 10.4 above are non-exhaustive. You will pay E-catering app for all costs and damages which it incurs as a result of you breaching any of these restrictions.
10.6 E-catering app will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any material in breach of paragraph 10.2 to 10.4.
Section 11. Links to and from other websites
11.1 Links to third party websites on this Website are provided solely for your convenience. If you use these links, you leave this Website. E-catering app has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by E-catering app of the site. Use of any such linked web site is at the user’s own risk.
11.2 You may link to this Website homepage, provided that you do so in a fair and legal way which does not damage E-catering app’s reputation or take advantage of it.
11.3 You must not establish a link from a website that is not owned by you or in a way that suggests a form of association with or endorsement by E-catering app where none exists.
11.4 The website from which you link must comply with the content standards set out in these Website Terms.
11.5 E-catering app has the right to withdraw the linking permission at any time.
Section 12. Trademark Information
12.1The E-catering app logo, on the web are the trademarks and service marks and other E-catering app.com logos and product and service names are trademarks of E-catering app.com. Without E-catering app’s prior permission, you agree not to display or use in any manner the E-catering app.com Intellectual property rights which include trademark and copyrights in artistic work, literary, software and cinematographic representations.
Section 13. Proprietary Rights
13.1 You acknowledge and agree that the Service and any necessary software used in connection with the Service (“Software”) contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by us or advertisers, you agree not to modify, adapt, rent, lease, loan, sell, distribute, the Software or the Content in whole or in part.
13.2 E-catering app.com grants you a personal, non-transferable and non-exclusive right and license to use the object code of our Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineering, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by E-catering app.com for use in accessing the Service.
Section 14. Termination
14.1. E-catering app may terminate or suspend (at our absolute discretion) your right to use this Website and your use of the services immediately by notifying you in writing (including by email) if:
14.1.1 E-catering app believes you have posted material in breach of paragraphs 10.2, 10.3 or 10.4 (Visitor Material and Conduct);
14.1.2 E-catering app believes that you have breached paragraphs 11.2, 11.3 or 11.4 (Links to and from other websites); or
14.1.3 If you breach any other material terms of these Website Terms.
14.2 Upon termination or suspension you must immediately destroy any downloaded or printed extracts from this Website.
Section 15. Liability
15.1 E-catering app, and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, or loss or damages arising from or connected in any way to business interruption, loss of opportunity, loss of anticipated savings, wasted management or office time and whether in tort (including negligence), contract or otherwise, even if foreseeable) in connection with our services, this Website or in connection with the use, inability to use or the results of use of this Website, any websites linked to this Website or the material on these websites.
15.2 E-catering app takes full responsibility for the content of this Website and for the communication of orders to the Delivery Restaurants as set out in these Website Terms. E-catering app’s customer care team will, subject to your compliance with these Website Terms and cooperation, use all reasonable endeavors to resolve any issues arising from the submission of orders via this Website including the processing of all credit or debit card refunds and chargebacks where appropriate. However, please note that the legal contract for the supply and purchase of food and beverages is between you and the Delivery Restaurants that you place your order with. E-catering app cannot give any undertaking that the food and beverages ordered from the Delivery Restaurants through this Website will be of satisfactory quality and any such warranties are disclaimed by E-catering app. These disclaimers do not affect your statutory rights against the Delivery Restaurants.
15.3 Nothing in these Website Terms excludes or limits our liability for death or personal injury arising from E-catering app’s negligence, nor E-catering app’s liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law. Nothing in these Website Terms affects your statutory rights.
15.4 With the exception of any liability referred to in paragraph 16.3 above, E-catering app’s total liability to you in relation to your use of the Website and the services that we provide including (but not limited) to liability for breach of these Website Terms and tort (including but not limited to negligence) is limited to an amount equivalent to trice the value of your order or three thousand Indian rupees, whichever is the lower.
15.5 If your use of material on this Website results in the need for servicing, repair or correction of equipment, software or data, you assume all associated costs.
Section 16. Governing Law and Jurisdiction.
16.1 This Agreement and the relationship between you and www.E-catering app.com shall be governed by the laws of the Republic of India without regard to its conflict of law provisions. You and E-catering app.com agree to submit to the personal and exclusive jurisdiction of the courts located at Patna , Patna District , Bihar state, India.
Section 17. Additional Terms
17.2 If any provision or part of a provision of these Website Terms is found by any court or authority of competent jurisdiction to be unlawful, otherwise invalid or unenforceable, such provisions or part provisions will be struck out of these Website Terms and the remainder of these Website Terms will apply as if the offending provision or part provision had never been agreed.
17.3 Any failure or delay by you or us in enforcing (in whole or in part) any provision of these Website Terms will not be interpreted as a waiver of your or our rights or remedies.
17.4 You may not transfer any of your rights or obligations under these Website Terms without our prior written consent. We may transfer any of our rights or obligations under these Website Terms without your prior written consent to any business that we enter into a joint venture with, purchase or are sold to.
17.5 The headings in these Website Terms are included for convenience only and shall not affect their interpretation.
Section 18. Written Communications
18.1 Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
Section 19. Events outside our control
19.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
19.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
19.2.1 strikes, lock-outs or other industrial action;
19.2.2 civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;
19.2.3 fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disasters;
19.2.4 impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;
19.2.5 impossibility of the use of public or private telecommunications networks; and
19.2.6 the acts, decrees, legislation, regulations or restrictions of any government.
19.3 Our performance under any contract is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
Section 20. Severability
If any of these terms and conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Section 21. Entire Agreement
These terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to the subject matter of any contract.