The Highest Standards of Data Governance
Delivery & Takeaway Terms
The Partner/Client agrees that pursuant to the execution of a Sales Order or a Partner Form in relation to the ‘Delivery and Takeaway’ TLC Product/TLC SaaS Product, its agreement with TLC Digitech Private Limited (“TLC”) will also be governed by these product-specific terms and conditions which constitute a part of the Governing Documents.
Capitalised terms used but not defined herein shall have the meanings ascribed to them in the relevant Governing Documents.
1. Delivery & Takeaway Terms
1.1. The product features of the TLC Delivery and Takeaway module are given on the TLC website (give link) and as updated from time to time. The delivery and takeaway module comes at different levels for the features, which is defined in the SO/Partner Form.
1.2. The Client/Partner agrees and acknowledges that TLC shall not be responsible to the Customers with respect to fulfilment or last mile delivery of the orders placed by the Customers through the Platforms/TLC Platforms and all obligations relating to fulfillment of the orders shall be the sole responsibility of the Client/Partner. Any failure, deficiency, claims, demands, proceedings, liabilities and losses arising in relation to the quality of food or order delivery shall solely be the responsibility of the Client/Partner.
1.3. Partner/Client would be responsible for:
(i) Setting up the rules for Customers to place orders for delivery, gifting or take-away of food and beverages.
(ii) Menu items and their relevant prices.
(iii) Correctly reflecting the items available to Customers for ordering and their relevant prices and the terms and conditions on the basis of which Customers will place their orders.
(iv) Minimum and maximum order value, delivery fee, minimum order value for free delivery, revenue management and surge pricing rules.
1.4. The Customers shall use the Platforms/TLC Platforms to place an order for delivery, gifting or take-away of food and beverages, wherever applicable, and gift hampers for special occasions from various participating hotels/outlets of the Client/Partner. Use of any standalone website that uses the food ordering solution offered by TLC for the purpose of food ordering as contemplated under these terms shall be in a manner as mutually agreed between Client and TLC. TLC shall confirm these orders in real time on the basis of rules and content set up for the relevant Partner/Client on the Partner Application.
1.5. At the time of placing the order on TLC Platforms/Platforms, the Customer shall be redirected to an integrated third-party payment gateway (“Payment Gateway”) for making a payment of the order amount. The order amount shall be equal to the value of the total order placed by the Customer net of any promotional or merchant discounts and includes any delivery or convenience fee or tip along with applicable Taxes (including the goods and services Tax) (“Net Order Amount”).
1.6. Upon completion of the payment of the Net Order Amount, an order summary shall be generated on the TLC Platform/Platform and immediately provided to the Customer as a confirmation of the order.
1.7. Simultaneously, with completion of payment and confirmation of order, TLC shall in real time share the order details with the relevant participating hotel/outlet for executing the fulfilment and delivery of the order placed on the TLC Platforms/Platforms by the Customers.
1.8. The Customer may cancel the order on the TLC Platforms/Platforms within the permissible cancellation window. In the event the order is cancelled, the platform shall trigger an automatic communication of the cancellation to the relevant hotel/outlet. In the event the cancellation is received directly by the Partner/Client, the Partner/Client will cancel the order on the Partner Application or other relevant platform and inform TLC by email. Upon cancellation of the order within permissible timelines, TLC will inform the Payment Gateway to: (A) refund the Net Order Amount through the Payment Gateway as chargeback to the Customer in the same payment mode through which the Customer had made the payment after deducting the (i) applicable charges of the Payment Gateway service provider (if any) and (ii) cancellations fees (if any), and (B) deduct the amount in the same ratio from the Partner/Client as was credited by the Payment Gateway for the relevant order.
1.9. The Participating Hotel/outlet which has received the order will generate the Tax receipt and invoice as per the order summary provided by TLC for the relevant order and share that with the Customer along with the delivery of the order. In case of gifting orders, the order invoice will be sent by the Participating Hotel/outlet digitally to the party making the payment and not to the person receiving the order.
2. Partner/Client Obligations & Covenants
2.1. The Partner/Client warrants that the food and beverages provided to the Customers are:
(i) of high quality and fit for human consumption;
(ii) Compliant with the Food Safety and Standards Act, 2006 and the rules, regulations, licenses, standards and guidelines issued thereunder (“FSS Act”);
(iii) compliant with all other Applicable Laws, including all applicable food industry regulations.
2.2. The Partner/Client shall display on the TLC Platforms/Platforms its license/registration under the FSS Act and its hygiene grading as may be assigned by the Food Safety and Standards Authority of India.
2.3. The Partner/Client acknowledges and agrees that it will be solely responsible for delivering the orders placed by the Customers. The Partner/Client shall ensure that only trained personnel undertake food delivery and the safety of the food and beverage is not compromised at any time until the order is received by the Customer.
2.4. For the avoidance of doubt it is clarified that TLC is not responsible or liable to the Customers for the: (a) quality of the food products and beverages advertised on the Platforms/TLC Platforms or otherwise; (b) processing of the orders; (c) fulfilment or last mile delivery of the orders; and/or (d) misconduct / illegal activities of the Partner’s/Client’s delivery personnel or staff at the outlet. TLC shall not be liable for any acts or omissions on part of Partner’s/Client’s delivery personnel or staff relating to deficiency in service, quality or adequacy of the products, safety of the order, wrong delivery of the order, time taken to deliver the order, order package tampering and related matters.
2.5. The Partner/Client shall address and resolve all Customer complaints received by TLC relating to the efficacy, quality or any other issues relating to the Partner’s/Client’s services expeditiously and within the timelines prescribed by the Ministry of Consumer Affairs or any other authority from time to time. Further, the Partner/Client shall be solely liable and bound to take action on complaints raised by Customers pertaining to the order(s).
2.6. The Partner/Client shall comply with Applicable Laws on the ban of single-use plastic and shall ensure that neither single-use plastic is used in packing any order nor any cutlery made from single-use plastic is provided with the order. Partner/Client agrees and acknowledges that TLC shall reserve a right to cancel all orders packed by the Partner/Client using single-use plastic and any refund/compensation made by TLC to the Customers whose Orders are cancelled shall be recovered from the Partner/Client. Further, any loss suffered by TLC due to use of single-use plastic by Partner/Client, whether on account of any fine imposed by the governmental authorities on TLC or otherwise, shall be recovered from the Partner/Client.
2.7. The Partner/Client shall ensure that any Pre-Packed Goods listed on the Platforms/TLC Platforms (if any) shall have shelf life of at least 30 percent or forty-five (45) days before expiry at the time of delivery to the Customers. The Partner/Client shall be responsible for complying with the Legal Metrology Act, 2009, FSS Act and rules thereunder in relation to labelling, packaging, information and disclosure requirements for Pre-Packed Goods. “Pre-Packed Goods” means the food and beverages items packaged in such a manner that the contents cannot be changed without tampering it and which is ready for sale to the Customers and as may be defined under the FSS Act from time to time.
2.8. The Partner/Client warrants that it complies and will remain compliant with the FSS Act, Legal Metrology Act, 2009 and the applicable rules and regulations made thereunder and all hygiene, sanitary and food safety standards and licensing requirements under Applicable Laws. TLC shall not be liable for any prosecutions/claims relating to violation of hygiene standards at the restaurant or during delivery under applicable food safety laws, or for accuracy of hygiene ratings (if any).