This document is an electronic record in terms of Information Technology Act, 2000 and rules there under as applicable and the amended provisions pertaining to electronic records in various statutes as amended by the Information Technology Act, 2000. This document is published in accordance with the provisions of Rule 3 (1) of the Information Technology (Guidelines for Intermediaries and Digital Media Ethics Code) Rules, 2021 that require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.jreats.com website and Junior Eats applications for mobile and handheld devices.
1. Terms of Use
These terms of use (the "Terms of Use") and other policies (including but not to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) govern your use of our website www.jreats.com (the "Website") and the Junior Eats applications including “Junior Eats app”, “Junior Eats Instamart app” for mobile and handheld devices (each an “App” and together the “Apps”). The Website and the Apps are jointly referred to as the “Platform”. Please read these Terms of Use carefully before you use the services. These Terms of Use will apply to the services made available on the Platform, to the extent that they are accessed or used by the user. If you do not agree to these Terms of Use, you may not use the services on the Platform, and we request you to uninstall the Apps. By installing, downloading or even merely using the Platform, you shall be contracting with Junior Eats and you signify your acceptance to this Terms of Use and other Junior Eats policies (including but not to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy) as posted on the Platform and amended from time to time, which takes effect on the date on which you download, install or use the Platform, and create a legally binding arrangement to abide by the same.
The Platform is owned and operated by Junior Eats , a company incorporated under the laws of India and having its registered office at IHyderabad, Telangana, India. For the purpose of these Terms of Use, wherever the context so requires, "you", “user”, or “User” shall mean any natural or legal person who shall transact on the Platform by providing registration data during registration on the Platform as a registered user using any computer systems. The terms “Junior Eats”, “we”, “us” or “our” shall mean Junior Eats .
Junior Eats enables transactions on its Platform between participating merchants and buyers, dealing in (a) prepared food and beverages, (b) consumer goods, and (c) other products and services (“Platform Services”). The buyers (“ Buyer/s”) can choose and place orders (“Orders/”) from a variety of products and services listed and offered for sale by merchants including but not to the restaurants, eateries and retail outlets (“Merchant/s”), on the Platform. Further, the Buyer can also place Orders for undertaking certain tasks on the Platform (“Tasks”).
Junior Eats enables delivery of such Orders or completion of Tasks at select localities of serviceable cities across India (“Delivery Services”) by connecting third party service providers i.e. pick-up and delivery partners (“PDP/s”) who will be responsible for providing the pick-up and delivery services and completing the Tasks initiated by the users of the Platform i.e., Buyers or Merchants). The Platform Services and Delivery Services are collectively referred to as “Services”. For both Platform Services and Delivery Services, Junior Eats is merely acting as an intermediary between the Merchant and the Buyers and/or PDPs and Buyers/Merchants.
PDPs are individual entrepreneurs engaged with Junior Eats on voluntary, non- exclusive and principal to principal basis to provide aforementioned services for service fee. PDPs are independent contractors and are free to determine their timings of work. Junior Eats does not exercise control on the PDPs and the relationship between the PDPs and Junior Eats is not that of an agent and principal or employee and employer.
For the pickup and delivery services and completing the Tasks, PDPs may charge the users of the Platform (Buyers or Merchants), a service fee (inclusive of applicable taxes whenever not expressly mentioned) determined on the basis of various factors including but not to distance covered, time taken, demand for Delivery Services/Tasks, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time.
2. Account Registration, Access And Eligibility
2.1. Access to the Platform
You may gain access the Platform by (i) registering to create an account (“Junior Eats Account”) and become a member (“Membership”), (ii) if you already have a Junior Eats Account, then by logging into your Junior Eats Account on the App; or (iii) by registering to join by logging into your account with certain third party social networking sites (" SNS") (including, but not to, Facebook); each such account, a "Third Party Account", via our Platform, as described below. The Membership is for the purpose, are subject to the Junior Eats Policies, and strictly not transferable.
As part of the functionality of the Platform Services, you may link your Junior Eats Account with Third Party Accounts, by either:
(i) providing your Third Party Account login information to us through the Platform; or
(ii) allowing us to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account.
You represent that you are entitled to disclose your Third Party Account login information to us and/or grant us access to your Third Party Account (including, but not to for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such SNS.
By granting us access to any Third Party Account, you understand that we will access, make available and store (if applicable) any content or information that you may have provided to and stored in your Third Party Account ("SNS Content") such that it is available on the Platform via your Junior Eats Account
Unless otherwise specified in these Terms of Use, all SNS Content, if any, will be considered to be your content for all purposes of these Terms of Use.
Depending on the Third Party Accounts, you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Junior Eats Account on the Platform
In the event that a Third Party Account or associated service is rendered u unavailable or our access to such Third Party Account is terminated by such SNS, then SNS Content will no longer be available on and through the Platform.
We will create your Junior Eats Account for your use of the Platform Services based upon the personal information you provide to us or that we obtain via SNS, as described above. You are permitted to have only one Junior Eats Account and are not permitted to create multiple accounts. Junior Eats reserves the right to suspend such multiple accounts without being liable for any compensation where you have created multiple accounts on the Platform.
Persons who are "incompetent to contract" within the meaning of the Indian Contract Act, 1872 including minors, un-discharged insolvents etc. are not eligible to use the Platform. Only individuals who are 18 years of age or older may use the Platform and avail the Services. If you are under 18 years of age and you wish to download, install, access or use the Platform, your parents or legal guardian must acknowledge and agree to the Terms of Use and Junior Eats Policies. Should your parents or legal guardian fail to agree or acknowledge the Terms of Use and Junior Eats Policies, you shall immediately discontinue its use. Junior Eats reserves the right to terminate your Membership and/or deny access to the Platform if it is brought to Junior Eats’s notice that you are under the age of 18 years. You agree to use the Services only in compliance with these Terms of Use and applicable law, and in a manner that does not violate our legal rights or those of any third party(ies).
If you choose to use the Platform, it shall be your responsibility to treat your user identification code, password and any other piece of information that we may provide, as part of our security procedures, as confidential and not disclose the same to any person or entity other than us. You shall be solely responsible for any actions under your Junior Eats Account, whether or not authorized by you. You shall immediately notify us of any unauthorized use of your Junior Eats Account. We shall at times and at our sole discretion reserve the right to disable any Junior Eats account or user identification code or password in the event you fail to comply with any of the provisions of these Terms of Use.
We shall at times and at our sole discretion reserve the right to disable any Junior Eats account or user identification code or password in the event you fail to comply with any of the provisions of these Terms of Use.
As we are providing Services in the selected cities of India, we have complied with applicable laws of India in making the Platform and its content available to you. In the event the Platform is accessed from outside India or outside our delivery zones, it shall be entirely at your risk. We make no representation that the Platform and its contents are available or otherwise suitable for use outside select cities. If you choose to access or use the Platform from or in locations outside select cities, you do so on your own and shall be responsible for the consequences and ensuring compliance of applicable laws, regulations, byelaws, licenses, registrations, permits, authorisations, rules and guidelines.
You shall at all times be responsible for the use of the Services through your computer or mobile device and for bringing these Terms of Use and Junior Eats policies to the attention of all such persons accessing the Platform on your computer or mobile device.
You understand and agree that the use of the Services does not include the provision of a computer or mobile device or other necessary equipment to access it. You also understand and acknowledge that the use of the Platform requires internet connectivity and telecommunication links. You shall bear the costs incurred to access and use the Platform and avail the Services, and we shall not, under any circumstances whatsoever, be responsible or liable for such costs you agree to provide accurate, current and complete information during the registration process and update such information to keep it accurate, current and complete
We reserve the right to suspend or terminate your Junior Eats Account and your access to the Services (i) if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete; (ii) if it is believed that your actions may cause legal liability for you, other users or us; and/or (iii) if you are found to be non- compliant with the Terms of Use or other Junior Eats policies.
Goods and services purchased from the Platform are intended for your personal use and you represent that the same are not for resale or you are not acting as an agent for other parties.
3. Amendments
These Terms of Use are subject to modifications. We reserve the right to modify or change these Terms of Use and other Junior Eats policies at any time by posting modified documents on the Platform. You shall be liable to update yourself of such changes, if any, by accessing the same. We may choose to notify you of the same for your perusal. You shall, at all times, be responsible for regularly reviewing the Terms of Use and the other Junior Eats policies and note the changes made on the Platform. Your continued use of the Platform and the Services after any change is posted, constitutes your acceptance of the amended Terms of Use and other Junior Eats policies. As long as you comply with these Terms of Use, Junior Eats grants you a personal, non-exclusive, non-transferable, privilege to access, enter, and use the Platform. By accepting these Terms of Use, you also accept and agree to be bound by the other terms and conditions and Junior Eats policies (including but not to Cancellation & Refund Policy, Privacy Policy) as may be posted on the Platform from time to time.
Junior Eats reserves the right to suspend/cancel, or discontinue any or all products or services at any time without notice, make modifications and alterations in any or all of its contents, products and services contained on the site without any prior notice.
4. Use of Platform and Services
All commercial/contractual terms are offered by and agreed to between Buyers and Merchants alone with respect to products and services being offered by the Merchants. The commercial/contractual terms include without limitation price of products and/or services, applicable taxes, shipping costs, payment terms, date, time, and mode of delivery, warranties related to products and services (if any) and after sales services related to products and services (if any). Junior Eats does not have any control or does not determine or advise or in any way involve itself in the offering or acceptance of such commercial/contractual terms between the Buyers and Merchants. Junior Eats may, however, offer support services to Merchants in respect to Order fulfillment, mode of payment, payment collection, call centre support and other ancillary services, pursuant to independent contracts executed between Junior Eats and the Merchants. The price of the product and services offered by the Merchant are determined by the Merchant itself and Junior Eats has no role to play in such determination of price in any way whatsoever.
Upon acceptance of any Order or Task by the PDPs, the pickup and delivery services or Task completion services (as the case may be) undertaken by him/her, shall constitute a separate contract for services between Merchants/Buyers and PDPs. Junior Eats shall not be responsible for the services provided by PDP to Merchants/Buyers through the Platform. Junior Eats may, however, offer support services to PDPs in respect of Order fulfillment, payment collection, call centre support, and other ancillary services, pursuant to independent contracts executed between Junior Eats and the PDPs
Junior Eats does not make any representation or warranty as to the item-specifics (such as legal title, creditworthiness, identity, etc.) of any of the Merchants. You are advised to independently verify the bona fides of any particular Merchant that you choose to deal with on the Platform and use your best judgment on that behalf. All Merchant offers and third-party offers are subject to respective party terms and conditions. Junior Eats takes no responsibility for such offers.
Junior Eats neither make any representation or warranty as to the specifics (such as quality, value, salability, etc.) of the products or services proposed to be sold or offered to be sold or purchased on the Platform nor does implicitly or explicitly support or endorse the sale or purchase of any products or services on the Platform. Junior Eats accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
Junior Eats does not make any representation or warranty with respect to any aspect of the services being provided by the PDPs through the Platform including but not to pick up and delivery services and Task completion services to the Merchants or Buyers as the case may be.
Junior Eats is not responsible for any unsatisfactory or non-performance of services or breach of any contract entered into between the Buyers and Merchants, and between the Merchants/Buyers and PDP on the Platform. Junior Eats cannot and does not guarantee that the concerned Buyers, Merchants and PDPs will perform or honour any transaction concluded on the Platform. Junior Eats is not responsible for unsatisfactory or non-performance of services or damages or delays as a result of products which are out of stock, unavailable or back ordered.
Junior Eats is only operating an online marketplace and assumes the role of facilitator, and does not at any point of time during any transaction between Buyer and Merchant and/or Buyer and PDP on the Platform come into or take possession of any of the products or services offered by Merchant or PDP. At no time shall Junior Eats hold any right, title or interest over the products nor shall Junior Eats have any obligations or liabilities in respect of such contract entered into between the Buyer and the Merchant and/or Buyer and the PDP.
Junior Eats is only providing a platform for communication and it is agreed that the contract for sale of any of the products or services shall be a strictly bipartite contract between the Merchant and the Buyer. In case of complaints from the Buyer pertaining to efficacy, quality, or any other such issues, Junior Eats shall notify the same to Merchant and may also redirect the Buyer to the consumer call center of the Merchant. The Merchant shall be liable for redressing Buyer complaints. In the event you raise any complaint on any Merchant accessed using our Platform, we shall assist you to the best of our abilities by providing relevant information to you, such as details of the Merchant and the specific Order to which the complaint relates, to enable satisfactory resolution of the complaint.
Similar to the above, Junior Eats is only providing a platform for communication with PDP and does not provide any pick-up and delivery services or Task completion services with respect to the Orders placed by Merchants/Buyers on the Platform as it is merely facilitating Delivery Services by connecting the Merchants/Buyers with the PDP through the Platform. In case of complaints by the Merchants/Buyers for deficiency or lapse in the delivery services or Task completion services provided by PDP, Junior Eats may notify the same to the PDP and also assist Merchants/Buyers to the best of its abilities to enable satisfactory resolution of the complaint.
5. Obligations Pertaining to Usage of Platform
5.1. By using the Platform you represent and warrant that:
We reserve the right, but has no obligation, to monitor the materials posted on the Platform. Junior Eats shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use. Notwithstanding anything contained above, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE PLATFORM AND IN YOUR PRIVATE MESSAGES. Please be advised that such content posted does not necessarily reflect Junior Eats views. In no event shall Junior Eats assume or have any responsibility or liability for any content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform. You hereby represent and warrant that you have all necessary rights in and to all content which you provide and all information it contains and that such content shall not infringe any proprietary or other rights of third parties or contain any libellous, tortious, or otherwise unlawful information.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Platform, including payment and delivery of related products or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Platform.
You hereby acknowledge that other users (including unauthorized users or 'hackers') may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. You also acknowledge that it is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform.
Junior Eats shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services), hacking, pen testing attempts without our prior consent or a mutual legal agreement.
5.2. Terms of Service
6. Order Booking and Financial Terms
The Platform allows the Buyers to place Orders and upon acceptance of such Orders by the Merchants, Junior Eats will, subject to the terms and conditions set out herein, facilitates delivery of goods or services, or completion of Tasks through the PDPs.
Junior Eats does not own, sell, resell on its own such products offered by the Merchants, and/or does not control the Merchants or the related services provided in connection thereof. Buyer understands that any Order that he/she places shall be subject to the terms and conditions set out in these Terms of Use including, but not to, product availability, delivery location serviceability, and acceptance of Orders by Merchants/PDPs.
As a general rule, all Orders placed on the Platform and Delivery Services are treated as confirmed. However, upon Buyer’s successful completion of booking an Order, we may call the Buyer on the telephone or mobile number provided to confirm the details of such Order, price to be paid and the estimated delivery time. For this purpose, Buyer will be required to share certain information with us, including but not to Buyer’s (i) first and last name (ii) mobile number; and (iii) email address. It shall be Buyer’s sole responsibility to bring any incorrect details to our attention.
In addition to the foregoing, we may also contact you by phone and / or email to inform and confirm any change in the Order, due to availability or unavailability or change in Order or change in price of any item in the Order as informed by the Merchant. You hereby agree and acknowledge that any change or confirmation of the Order shall be treated as final. It is clarified that Junior Eats reserves the right to not to process Buyer's Order in the event Buyer or Merchant or PDP is unavailable on the phone or any other means of communication at the time when we call you for confirming the Order and such event the provisions of the Cancellation and Refund Policy shall be applicable.
All payments made against the Orders or Services on the Platform by you shall be compulsorily in Indian Rupees acceptable in the Republic of India. The Platform will not facilitate transactions with respect to any other form of currency with respect to the Orders or Services made on Platform. You can pay by (i) credit card or debit card or net banking; (ii) any other RBI approved payment method at the time of booking an Order; or (iii) credit or debit card or cash at the time of delivery. You hereby agree and acknowledge that the payment facility provided by Junior Eats is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment on delivery, collection and remittance facility for the transactions on the Platform using the existing authorized banking infrastructure and credit card payment gateway networks. Further, by providing payment facility, Junior Eats is neither acting as trustees nor acting in a fiduciary capacity with respect to the transaction or the transaction price.
Buyers acknowledge and agree that Junior Eats acts as the Merchant's and PDP’s payment agent for the purpose of accepting payments from Buyers/Merchants on behalf of the Merchant or PDP, as the case may be. Upon your payment of amounts to us, which are due to the Merchant or PDP, your payment obligation to the Merchant or PDP for such amounts is completed, and we are responsible for remitting such amounts to the Merchant or PDP. You shall not, under any circumstances whatsoever, make any payment directly to the Merchant for Order bookings or to the PDP for delivery of the Order or completion of the Task made using the Platform. For PDPs, in addition to the their delivery charges, you may also be charged an amount towards delivery surge for delivery of your order facilitated by the PDP, which is determined on the basis of various factors including but not to distance covered, time taken, demand for delivery, real time analysis of traffic and weather conditions, seasonal peaks or such other parameters as may be determined from time to time (“Delivery Surge"). You agree that Junior Eats is authorized to collect, on behalf of the PDPs, the Delivery Surge for the delivery service provided. The Delivery Surge may vary from order to order, which may be determined on multiple factors which shall include but not be to Merchant, order value, distance, demand during peak hours. Junior Eats will use reasonable efforts to inform you of the Delivery Surge that may apply to you, provided you will be responsible for the Delivery Surge incurred for your order regardless of your awareness of such Delivery Surge.
Buyer agrees to pay for the total amount for the Order placed on the Platform. Junior Eats will collect the total amount in accordance with these Terms of Use and the pricing terms set forth in the applicable listing of product or restaurant service for the particular Merchant, apart from the delivery fees for Delivery Services. Please note that we cannot control any amount that may be charged to Buyer by his/her bank related to our collection of the total amount, and we disclaim all liability in this regard.
In connection with Buyer’s Order, he/she will be asked to provide customary billing information such as name, billing address and credit card information either to us or our third party payment processor. Buyer agrees to pay us for the Order placed by you on the Platform, in accordance with these Terms, using the methods described under clause VIII (6) above. Buyer hereby authorizes the collection of such amounts by charging the credit card provided as part of requesting the booking, either directly by us or indirectly, via a third party online payment processor or by one of the payment methods described on the Platform.
If Buyer is directed to our third-party payment processor, he/she may be subject to terms and conditions governing use of that third party's service and that third party's personal information collection practices. Please review such terms and conditions and privacy policy before using such third party’s services. Once the Order is confirmed you will receive a confirmation email summarizing the confirmed booking.
The final tax bill will be issued by the Merchant and PDP (if registered for tax purposes) to the Buyer along with the Order and Junior Eats is merely collecting the payment on behalf of such Merchant and PDP. All applicable taxes and levies, the rates thereof and the manner of applicability of such taxes on the bill are being charged and determined by the Merchant and PDP. Junior Eats holds no responsibility for the legal correctness/validity of the levy of such taxes. The sole responsibility for any legal issue arising on the taxes shall reside with the Merchant and the PDPs.
The prices reflected on the Platform, including packaging, are determined solely by the Merchant and are listed based on Merchant's information. On rare occasions, prices may change at the time of placing Order due to Merchant changing the menu price without due intimation and such change of price are at the sole discretion of the Merchant attributing to various factors beyond control.
In order to continually improve and provide you/ Buyer with a seamless experience we need to ensure maintenance and upkeep of our application/platform. For such upkeep and maintenance, we may, charge a nominal non-refundable amount from you/Buyer as ‘platform fees inclusive of applicable taxes’.
Disclaimer: Prices on any product(s) as reflected on the Platform may due to some technical issue, typographical error or product information supplied by Merchant be incorrectly reflected and in such an event Merchant may cancel Buyer’s Order(s).
The Merchant shall be solely responsible for any warranty/guarantee of the goods or services sold to the Buyers and in no event shall be the responsibility of Junior Eats.
The transactions are bilateral between the Merchant and Buyer, and between Merchant/Buyer and PDP, therefore, Junior Eats is not liable to charge or deposit any taxes applicable on such transactions.
7. Cancellations and Refunds
Please refer to the Cancellation and Refund Policy for cancellation and refunds terms in relation to usage of the Platform for availing Services.
8. No Endorsement
We do not endorse any Merchant. In addition, although these Terms of Use require you to provide accurate information, we do not attempt to confirm, and do not confirm if it is purported identity. We will not be responsible for any damage or harm resulting from your interactions with other users.
By using the Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other users or other third parties will be to a claim against the particular user or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from us with respect to such actions or omissions.
The Platform also allows Users to discover and connect with Merchants for onsite dining through certain services (“DineOut”). Junior Eats DineOut Services allow users to identify Merchants around their location, evaluate them basis ratings and reviews, explore the available Junior Eats One Program Plans (Please, find available space and seating times, reserve seating, and avail of special offers (including food and beverage offerings), other benefits, and discounts (“Offers”) by identifying themselves as a DineOut User.
Dineout Users, whether or not as a subscribed member of Junior Eats, are entitled to avail discounts and Offers by transacting with the Merchant through the Junior Eats Platform, in accordance with these T&C and other Junior Eats Policies.
For the purpose of this T&C, “Invoiced Amount” shall mean the total amount set out in the bill/invoice raised by the Restaurant for food and beverages ordered by the User at the Restaurant, and shall include applicable taxes, service charge and other charges as may be applicable. Any discount provided as a part of the Offer, shall be applied on the final Invoiced Amount.
The User can access DineOut across different devices using their respective Junior Eats account credentials (i.e. username & password).
Junior Eats at its own discretion may impose certain conditional limits on the number of times such Offer or benefits can be availed in a day by such User.
Dineout offers may differ from Offers or benefits for other types of services on the Platform
Dineout
Restaurant Offers
User can use the Platform and Dineout to discover restaurants and avail of offers.
As always, we only allow Users to transact with Merchants and do not however guarantee their performance (including their personnel or third party at their premises), the dining services, quality of food or beverage, which are the sole responsibility and are to be provided and/or otherwise performed by the Merchant.
We are therefore not responsible for the service, eligibility, or termination of the Merchant. As provided above in these T&C, we may also terminate your use of DineOut and/or your Account upon your committing fraud of any kind with regards to your obligation to pay in full for services availed on our Platform.
We reserve the right to at any time without notice, change the terms applicable to DineOut, including the value, validity, expiration period, and/or your ability to redeem existing Offers or benefits. Prices may vary from regular menu on special holidays. Please identify yourself as a DineOut User to confirm offers at Merchants, especially on these dates.
Offers & benefits.
Depending on your city or place of residence, you may be able to avail only certain Offers provided by Junior Eats and the relevant Restaurant, provided that, the User strictly complies with all the terms and conditions of Junior Eats and the relevant Restaurant partner. For the purposes of clarity, these Offers shall be subject to certain additional terms and conditions, such as the details of such Offer, their validity, etc. Such Offer terms may be changed or modified from time to time. Therefore, prior to availing any Offers, it is your responsibility to review the terms and conditions governing such Offers/benefits provided by Junior Eats From time to time, Junior Eats may run marketing and promotional campaigns which may provide Offers and other promotional offers to be used on the Platforms.
Any Offers may not be valid when used in conjunction with other promotions, discounts or other vouchers. Additional terms and conditions may apply to such Offers.
Unless otherwise stated, Offers can only be used on our Platforms.
Offers & discounts cannot under any circumstance be combined with other discounts at the Restaurant such as (but not to) other promotions from the restaurant, credit card promotions, senior citizen, kids' meals, discounts, per-discounted set meals etc.
Junior Eats reserves the right to void, discontinue or reject the use of any Offer without any prior notice.
We may exclude certain Restaurants from the use of Offers at any time without prior notice to you.
The Offers:
can be redeemed at selected Restaurants only and the list of such Restaurants may be updated periodically;
may be changed or added from time to time. You are advised to check the Offer terms and conditions being offered by Junior Eats and/or the Restaurant at the time of placing your order;
cannot be exchanged for cash not valid on take away or delivery;
can only be availed in the selected city or authorised Restaurants; and
can only be availed by Users who have subscribed to Junior Eats DineOut Services.
Payment
To use Dineout, you will need to make a payment through the Platform. Upon fulfilment of payment of the Net Amount via the Platform, You will be required to show the payment confirmation to the Restaurant or its authorised personnel or to the relevant billing counter of such Restaurant.
Other terms and conditions
You understand and agree that the aforementioned disclaimers, exclusions, and limitations are essential elements of this T&C and that they represent a reasonable allocation of risk. In particular, you understand that Junior Eats would be unable to make the DineOut Services available to you except on these terms and agree that this T&C will survive and apply even if any remedy specified in this T&C is found to have failed of its essential purpose.
These are the terms and conditions ("Terms") for Junior Eats One, Junior Eats One Lite, and Junior Eats One BLCK ("Junior Eats One Program") membership programs offered by Junior Eats to its Users on the Platform. These Terms shall govern your use of our services offered under the Junior Eats One, Junior Eats One Lite, and Junior Eats One BLCK membership programs. Please read these Terms carefully before you subscribe to any of these memberships. These Terms are subject to modifications, to comply with legal requirements. You have the following options under the Junior Eats One Program, and you can choose from these options at your sole discretion based on suitability.
Junior Eats One Program Plans (Please refer to your Junior Eats App for plan details)
The distances from the restaurant location to the customer's location shall be captured as per Google map driving directions data at the time of placing the Order. Junior Eats shall not be held responsible or liable for the accuracy or efficacy of such data.
The Junior Eats One, Junior Eats One Lite, and Junior Eats One BLCK benefits are available for orders above a certain amount. Please check FAQs on the Platform for more details.
Additional discounts specific to the Junior Eats One Program will be applicable on the discounted values of the food items post-application of any generally available coupons on the Platform.
Subscription Fee, Payment and Activation:
Junior Eats shall charge, and You agree to pay such membership fee, as may be determined by Junior Eats from time to time. You can use Credit Card, Debit Card, Net Banking, Junior Eats Money, and other available third-party payment options to subscribe to Junior Eats One, Junior Eats One Lite, or Junior Eats One BLCK. However, Cash on Delivery (COD) payment option can be used to subscribe only when clubbed together with a placed Order. The subscription shall be activated upon successful payment through the Junior Eats Platform. In case Junior Eats One, Junior Eats One Lite, or Junior Eats One BLCK membership is purchased along with an Order and if such Order is canceled, then the membership shall also stand canceled, and the subscription amount will be refunded. You can access the detailed FAQs in the Help Section.
Cancellation or Termination
Junior Eats One or Junior Eats One Lite membership once purchased, cannot be canceled or terminated during the effective period of the membership. Junior Eats One BLCK membership allows for cancellations, with the validity for cancellation and refund duration communicated at the time of purchase.
Modification/ Cancellation of Membership by Junior Eats
Junior Eats may cancel or modify your Junior Eats One, Junior Eats One Lite, or Junior Eats One BLCK membership at its sole discretion without notice. If we do so, we will issue a prorated refund based on the number of full months remaining in your membership. However, we will not give any refund for cancellation related to conduct that we determine, in our sole discretion, violates these Terms, Terms of Use, or any other Junior Eats Policies, applicable laws, or conduct involving fraud, misuse of the membership, or is harmful to our interests, another user, participating restaurant/Merchant, or PDPs. Our failure to insist upon or enforce your strict compliance with these Terms will not constitute a waiver of any of our rights.
Important Notice
These Terms are special terms and as such restricted to only Orders placed through Junior Eats and when You are a Junior Eats One, Junior Eats One Lite, or Junior Eats One BLCK member and do not supersede the Junior Eats Terms of Use, unless specifically called out here. We reserve the right to modify these Terms at any time without notice by posting changes on the Platform. You shall be responsible for updating yourself of such changes by accessing the changes on the Platform. Your continued usage of Junior Eats One, Junior Eats One Lite, or Junior Eats One BLCK after any change is posted constitutes your acceptance of the amendments made to the Terms.
General Terms & Conditions
9. Indemnity
You release and fully indemnify Junior Eats and/or any of its officers and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Platform and specifically waive any claims that you may have in this behalf under any applicable laws of India. Notwithstanding its reasonable efforts in that behalf, Junior Eats cannot take responsibility or control the information provided by other Users which is made available on the Platform. You may find other User's information to be offensive, harmful, inconsistent, inaccurate, or deceptive. Please use caution and practice safe trading when using the Platform.
10. Access to the Platform, Accuracy and security
We endeavour to make the Services available during Merchant or PDP working hours. However, we do not represent that access to the Platform will be uninterrupted, timely, error free, free of viruses or other harmful components or that such defects will be corrected
We do not warrant that the Platform will be compatible with all hardware and software which you may use. We shall not be liable for damage to, or viruses or other code that may affect, any equipment (including but not to your mobile device), software, data or other property as a result of your download, installation, access to or use of the Platform or your obtaining any material from, or as a result of using, the Platform. We shall also not be liable for the actions of third parties.
We do not represent or warranty that the information available on the Platform will be correct, accurate or otherwise reliable.
We reserve the right to suspend or withdraw access to the Platform to you personally, or to all users temporarily or permanently at any time without notice. We may any time at our sole discretion reinstate suspended users. A suspended User may not register or attempt to register with us or use the Platform in any manner whatsoever until such time that such user is reinstated by us.
Relationship with operators if the Platform is accessed on mobile devices
In the event the Platform is accessed on a mobile device, it is not associated, affiliated, sponsored, endorsed or in any way linked to any platform operator, including, without limitation, Apple, Google, Android or RIM Blackberry (each being an " Operator").
Your download, installation, access to or use of the Platform is also bound by the terms and conditions of the Operator.
You and we acknowledge that these Terms of Use are concluded between you and Junior Eats only, and not with an Operator, and we, not those Operators, are solely responsible for the Platform and the content thereof to the extent specified in these Terms of Use. The license granted to you for the Platform is to a non-transferable license to use the Platform on a mobile device that you own or control and as permitted by these Terms of Use.
We are solely responsible for providing any maintenance and support services with respect to the Platform as required under applicable law. You and we acknowledge that an Operator has no obligation whatsoever to furnish any maintenance and support services with respect to the Platform.
You and we acknowledge that we, not the relevant Operator, are responsible for addressing any claims of you or any third party relating to the Platform or your possession and/or use of the Platform, including, but not to:
You and we acknowledge that, in the event of any third-party claim that the Platform or your possession and use of the Platform infringes that third party's intellectual property rights, we, not the relevant Operator, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim.
You must comply with any applicable third-party terms of agreement when using the Platform (e.g. you must ensure that your use of the Platform is not in violation of your mobile device agreement or any wireless data service agreement).
You and we acknowledge and agree that the relevant Operator, and that Operator's subsidiaries, are third party beneficiaries of these Terms of Use, and that, upon your acceptance of these Terms of Use, that Operator will have the right (and will be deemed to have accepted the right) to enforce these Terms of Use against you as a third party beneficiary thereof.
11. Disclaimers
THE PLATFORM MAY BE UNDER CONSTANT UPGRADES, AND SOME FUNCTIONS AND FEATURES MAY NOT BE FULLY OPERATIONAL.
DUE TO THE VAGARIES THAT CAN OCCUR IN THE ELECTRONIC DISTRIBUTION OF INFORMATION AND DUE TO THE LIMITATIONS INHERENT IN PROVIDING INFORMATION OBTAINED FROM MULTIPLE SOURCES, THERE MAY BE DELAYS, OMISSIONS, OR INACCURACIES IN THE CONTENT PROVIDED ON THE PLATFORM OR DELAY OR ERRORS IN FUNCTIONALITY OF THE PLATFORM. AS A RESULT, WE DO NOT REPRESENT THAT THE INFORMATION POSTED IS CORRECT IN EVERY CASE.
WE EXPRESSLY DISCLAIM ALL LIABILITIES THAT MAY ARISE AS A CONSEQUENCE OF ANY UNAUTHORIZED USE OF CREDIT/ DEBIT CARDS.
YOU ACKNOWLEDGE THAT THIRD PARTY SERVICES ARE AVAILABLE ON THE PLATFORM. WE MAY HAVE FORMED PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE THIRD PARTIES FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF CERTAIN SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME ARE WE MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S SERVICES NOR WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENCES OR CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY INCLUDING, AND NOT TO, ANY LIABILITY OR RESPONSIBILITY FOR, DEATH, INJURY OR IMPAIRMENT EXPERIENCED BY YOU OR ANY THIRD PARTY. YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIM YOU MAY HAVE AGAINST US WITH RESPECT TO THIRD PARTY’S/MERCHANT’S/PDP’S SERVICES.
Junior Eats DISCLAIMS AND ALL LIABILITY THAT MAY ARISE DUE TO ANY VIOLATION OF ANY APPLICABLE LAWS INCLUDING THE LAW APPLICABLE TO PRODUCTS AND SERVICES OFFERED BY THE MERCHANT OR PDP.
WHILE THE MATERIALS PROVIDED ON THE PLATFORM WERE PREPARED TO PROVIDE ACCURATE INFORMATION REGARDING THE SUBJECT DISCUSSED, THE INFORMATION CONTAINED IN THESE MATERIALS IS BEING MADE AVAILABLE WITH THE UNDERSTANDING THAT WE MAKE NO GUARANTEES, REPRESENTATIONS OR WARRANTIES WHATSOEVER, WHETHER EXPRESSED OR IMPLIED, WITH RESPECT TO PROFESSIONAL QUALIFICATIONS, EXPERTISE, QUALITY OF WORK OR OTHER INFORMATION HEREIN. FURTHER, WE DO NOT, IN ANY WAY, ENDORSE ANY SERVICE OFFERED OR DESCRIBED HEREIN. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN IN RELIANCE ON SUCH INFORMATION.
THE INFORMATION PROVIDED HEREUNDER IS PROVIDED "AS IS". WE AND / OR OUR EMPLOYEES MAKE NO WARRANTY OR REPRESENTATION REGARDING THE TIMELINESS, CONTENT, SEQUENCE, ACCURACY, EFFECTIVENESS OR COMPLETENESS OF ANY INFORMATION OR DATA FURNISHED HEREUNDER OR THAT THE INFORMATION OR DATA PROVIDED HEREUNDER MAY BE RELIED UPON. MULTIPLE RESPONSES MAY USUALLY BE MADE AVAILABLE FROM DIFFERENT SOURCES AND IT IS LEFT TO THE JUDGEMENT OF USERS BASED ON THEIR SPECIFIC CIRCUMSTANCES TO USE, ADAPT, MODIFY OR ALTER SUGGESTIONS OR USE THEM IN CONJUNCTION WITH ANY OTHER SOURCES THEY MAY HAVE, THEREBY ABSOLVING US AS WELL AS OUR CONSULTANTS, BUSINESS ASSOCIATES, AFFILIATES, BUSINESS PARTNERS AND EMPLOYEES FROM ANY KIND OF PROFESSIONAL LIABILITY.
WE SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSSES OR INJURY ARISING OUT OF OR RELATING TO THE INFORMATION PROVIDED ON THE PLATFORM. IN NO EVENT WILL WE OR OUR EMPLOYEES, AFFILIATES, AUTHORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOUR RELIANCE ON THE CONTENT CONTAINED HEREIN.
IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH, AND DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION), RESULTING FROM ANY SERVICES PROVIDED BY ANY THIRD PARTY OR MERCHANT ACCESSED THROUGH THE PLATFORM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
12. Intellectual property
We are either the owner of intellectual property rights or have the non-exclusive, worldwide, perpetual, irrevocable, royalty free, sub-licensable (through multiple tiers) right to exercise the intellectual property rights, in the Platform, and in the material published on it including but not to user interface, layout format, Order placing process flow and any content thereof.
You recognize that Junior Eats is the registered owner of the word mark ‘Junior Eats’ and the logo including but not to its variants (IPR) and shall not directly or indirectly, attack or assist another in attacking the validity of, or Junior Eats’s or its affiliates proprietary rights in, the licensed marks or any registrations.
You may print off one copy, and may download extracts, of any page(s) from the Platform for your personal reference and you may draw the attention of others within your organisation to material available on the Platform.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
You must not use any part of the materials on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of the Platform in breach of these Terms of Use, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Treatment of information provided by you
We process information provided by you to us in accordance with our Privacy Policy.
13. Third Party Content
We cannot and will not assure that other users are or will be complying with the foregoing rules or any other provisions of these Terms of Use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
You acknowledge that when you access a link that leaves the Platform, the site you will enter into is not controlled by us and different terms of use and Privacy Policy may apply. By assessing links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links to and / or from third-party sites to the Platform, although we are under no obligation to do so.
14. Severability
If any of these Terms of Use should be determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms of Use are intended to be effective, then to the extent and within the jurisdiction where that term is illegal, invalid or unenforceable, it shall be severed and deleted and the remaining Terms of Use shall survive, remain in full force and effect and continue to be binding and enforceable.
15. Non-assignment
You shall not assign or transfer or purport to assign or transfer the contract between you and us to any other person.
16. Governing law and dispute resolution
These Terms of Use are governed by the laws of India. Any action, suit, or other legal proceeding, which is commenced to resolve any matter arising under or relating to this Platform, shall be subject to the jurisdiction of the courts at Bengaluru, Karnataka, India.
17. Waiver. Any waiver of any provision of this Terms of Use, or a delay by any party in the enforcement of any right hereunder, shall neither be construed as a continuing waiver nor create an expectation of non-enforcement of that or any other provision or right.
18. Contact Us
Grievance Officer/Nodal Officer
In accordance with (1) Information Technology Act, 2000 and rules made there under, and (2) Consumer Protection (E-Commerce) Rules 2020 the name and contact details of the Grievance Officer/Nodal Officer is provided below:
Junior Eats
Reg Office:&Hyderabad, Telangana, India, Phone: +91 - 8142251234
Email: contact@jreats.com
Time: Monday - Friday (9:00 - 18:00)
19. Notice and Take Down Policy Template and Procedures
Junior Eats has put in place IP Notice and Take Down Policy (" Take Down Policy") so that intellectual property owners could easily report listings that infringe their right to ensure that infringing products are removed from the site, as they affect buyer and good’s seller trust.
Only the intellectual property rights owner can report potentially infringing products or listings through Take Down Policy by way of Notice of infringement in the specified format. If you are not the intellectual property rights owner, you can still help by getting in touch with the rights’ owner and encouraging them to contact us. Note: Junior Eats does not and cannot verify that Merchants have the right or ability to sell or distribute their listed products or services. However, Junior Eats is committed to ensure that item listings do not infringe upon intellectual property rights of third parties once an authorized representative of the rights owner properly reports them to Junior Eats.
Reporting Instances of Intellectual Property Violations: To file a notice of infringement with Junior Eats, you must provide a written communication (by email or regular mail) that sets out the information specified in the list below. The User hereby acknowledges and agrees that, should the User materially misrepresent that any content or material on the Platform infringes the User's intellectual property rights, the User shall be responsible for all damages, including but not to costs and reasonable attorneys' fees, incurred by the Junior Eats or any affected third parties as a result of such misrepresentation. It is strongly advised that the User, uncertain of their ownership of the intellectual property rights in question, seek legal counsel prior to making any such claims of infringement on the Platform.
To expedite our ability to process your request, below format shall be used:
Identify with sufficient detail the protected work that you believe has been infringed. This includes identification of the web page or specific posts, as opposed to entire sites. Posts must be referenced by either the dates in which they appear or by the permalink of the post. Include the URL to the concerned material infringing your intellectual property right(s) [URL of a website or URL to a post, with title, date, name of the emitter], or link to initial post with sufficient data to find it;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Junior Eats to locate the material Information reasonably sufficient to permit Junior Eats to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
The following mandatory statement: "I have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property right(s) owner, its agent, or the law";
The following mandatory statement: "I swear, under penalty of perjury, that the information in the notification is accurate, and that I am the intellectual property right(s) owner or authorized to act on behalf of the owner of an exclusive intellectual property right(s) that is allegedly infringed";
Sign the document with either your physical or electronic signature; and Send the written communication to:
Email to contact@jreats.com