1. Commencement, Term, Renewal
1.1 The date of execution of this agreement shall be the commencement date and the agreement shall remain valid and binding for a period of 1 year initially and can be renewed on mutually agreed terms at the time of renewal for such terms as the parties agree. All renewals of the agreement shall be express and in writing. No oral agreement shall be binding on either of the party. In any case FoodWoop reserve the right to terminate the agreement with Restaurant/Store and vice versa.
2. Fee/Commissions etc
2.1 FoodWoop as such shall not charge any fee for providing webspace/display on website.
2.2 However for all such sales that are made/generated using the website www.foodwoop.com a commission shall be paid by the Restaurant/Store to FoodWoop which will be decided by mutual understanding of Restaurant/Store and FoodWoop which can vary time to time.
3. Order, Handling, Delivery etc.
3.1 Orders for the item shall be received using the website www.foodwoop.com and shall be forwarded to the Restaurant/Store by the FoodWoop via email/Telephone/SMS/Merchant Panel/Mobile app notification as per the restaurant’s/Store’s convenience.
3.2 The Restaurant/Store shall upon receipt of the order from FoodWoop immediately arrange to prepare the item with proper packaging. Our delivery boy will pick the item as soon as possible from Restaurant/Store and deliver to the customer.
3.3 The Restaurant/Store shall ensure that the item dispatched are of the specifications ordered and there is no variation whatsoever. Restaurant/Store should ensure the quality and quantity of the food Item dispatched.
3.4 It shall maintain details of all transaction and mark as complete / incomplete/pending/delivered as the case may be and shall provide the same to FoodWoop upon demand.
4.1 FoodWoop will transfer Restaurant’s Amount(Total Amount - Commission) via Cash, Cheque / Online Bank Transfer or in cash, on 7th, 14th, 21th and 28th of every month.
5.1. If a customer cancel, 10 mins after Restaurant/Cake Shop accept the order there will be no refund to customer and restaurant will receive full amount of the order.
5.2. If a customer cancel, within 10 mins of Restaurant/Cake Shop accept the order and before processing the order there will be 100% refund to customer.
In case of pre-cooked food(e.g, Biryani, Cake, Packaged item etc) there will be up-to 100% refund to customers based on the time of cancellation.
6. Covenants of Restaurant
The Restaurant/Store hereby covenants with FoodWoop as under :
6.1 To deliver the item of the Ordered specifications/description only including quantity and quality prescribed in the Order and there should be no instance of wrong item and/or quality. Further, the Restaurant/Store shall maintain adequate stock/inventory of the items at all times. In case the Restaurant/Store is running out of supplies or is likely not to fulfill the Order received by the FoodWoop, it shall intimate to the FoodWoop immediately so that notice of OUT OF STOCK for the item can be intimated to the customer.
6.2 To provide to FoodWoop, for the purpose of the creation/display on website of FoodWoop, the item description, images, disclaimer, delivery time lines, price and such other details for the items to be displayed and offered for sale.
6.3 To provide full, correct, accurate and true description of the item so as to enable the customers to make an informed decision. The Restaurant/Store agrees not to provide any such description/information regarding the item which amounts to misrepresentation to the customer.
6.4 To be solely responsible for the quality, quantity, merchantability in respect of the items offered for sale through portal of the FoodWoop.
6.5 Not to offer any items for Sale on the Online Store, which are prohibited for sale, dangerous, against the public policy, banned, unlawful, illegal or prohibited under the Indian laws.
6.6 To be solely responsible for any dispute that may be raised by the customer relating to the food items provided by the Restaurant/Store. No claim of whatsoever nature will be raised on the FoodWoop.
7) Rights of Firm (FoodWoop):
7.1 Restaurant/Store agrees and acknowledges that the FoodWoop, at all times during the continuance of this Agreement, shall have the right to remove/block/delete any text, graphic, image(s) uploaded on the online store by the Restaurant/Store without any prior intimation to Restaurant/Store in the event the said text, image, graphic is found to be in violation of law, breach of any of the terms of this Agreement, terms and conditions of Website. In such an event, the FoodWoop reserve the right to forthwith remove/close the online menu of the Restaurant/Store without any prior intimation or liability to the Restaurant/Store.
8. Termination and effects of Termination
This Agreement may be terminated by the FoodWoop forthwith in the even
8.1 If a Petition for insolvency is filed against the Restaurant/Store.
8.2 If the Restaurant/Store is in infringement of the third party rights including intellectual property rights.
8.3 This agreement may be terminated without reason by either party after serving upon the other, a written notice of 30 days. The agreement shall stand terminated after expiry of such period.
8.4 Effect of Termination:
8.5 In the event of termination/expiry of this Agreement, FoodWoop shall remove the Links and shall discontinue display of the items on www.fooodwoop.com with immediate effect.
8.6 FoodWoop shall not be liable for any loss or damages (direct, indirect or inconsequential) incurred by the Restaurant/Store by virtue of termination of this agreement.
8.7 During the period under notice both the parties shall be bound to perform its obligations incurred under this agreement and this sub-clause shall survive the termination of this agreement.
9 Relationships of Parties
9.1 Nothing in this Agreement will be construed as creating a relationship of partnership, joint venture, agency or employment between the Parties. FoodWoop shall not be responsible for the acts or omissions of the Restaurant/Store and Restaurant/Store shall not represent FoodWoop, neither has, any power or authority to speak for, represent, bind or assume any obligation on behalf of the FoodWoop.